Trial Pro, P.A. Articles What is Automobile Negligence in Florida?

What is Automobile Negligence in Florida?

By Piercy Stakelum  Oct. 30, 2019 12:30p

Automobile negligence is essentially the inability to operate a car or truck in a reasonable and safe manner. Distracted driving is referred to as everything that causes you to take your eyes off the highway or your hands off of your wheel. You have a responsibility of reasonable caution when you get behind the wheel to drive the speed limit, maintain your eyes on the roadway, stay away from distractions and stop for all traffic light devices. Florida Statute 316.1925 states "Any person operating a vehicle upon the streets or highways within the state shall drive the same in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic and all other attendant circumstances, so as not to endanger the life, limb, or property of any person. Failure to drive in such manner shall constitute careless driving and a violation of this section". Anyone charged with careless driving may possibly be punished by fines, points on your license, or possible suspension of your driver license. A careless driving charge is a civil traffic offense in Florida; however, a reckless driving charge is a criminal traffic offense. Florida Statute 316.192 states "Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving". A reckless driving charge can be punishable by minor jail time and fines. In the case that you are arrested for reckless driving involving a fatality or severe bodily injury, this may possibly be punishable by major jail time, huge fines and restitution to the injured parties family members. Failure to apply due care while handling a automotive vehicle has harsh implications as you could be putting not only your own life at risk but the existences of all those around you.

Smart phone use is the primary root cause of automobile negligence not solely in the State of Fla but in the whole nation. Over a million auto collisions are caused by vehicle drivers speaking on the mobile phones and well over 300,000 are linked to driving while texting every single year across the United States. Texting is the first source of distracted driver deaths in Florida according to the Florida Highway Patrol. One of the most typical source of cellphone use while operating a vehicle arises from teen car drivers. This alongside the absence of driving experience can be disastrous in a substantial amount of young adult driver wrecks. A number of states have outlawed hand held smart phone use for this very factor. Multiple big companies also have strict policies in place prohibiting their staff members from using a cellphone while operating a company vehicle.

Distracted motorists are significantly common in FL because of the volume of travellers that visit our state yearly. A a great deal of accidents in Florida are caused by vacationers paying more attention to their gps equipment than the expressway in front of them. As The Sunshine State's population increases, so does the quantity of motor vehicles on the road. Keeping a safe proximity from the auto in front of you and keeping an eye on the street is a terrific way to steer clear of automobile negligence. In the event that you are following too closely and the vehicle ahead of you brakes abruptly, you are required to be a safe enough distance away to ensure that you have time to stop too. Most of vehicle traffic collisions and rear end accidents which could have effortlessly been avoided by keeping enough space between your car and the car ahead of you. 90% of all rear end collisions result in a citation for careless driving and a fine. A separate contribution to automobile negligence is driving intoxicated. DUI is an offence in The Sunshine State leading to fines and even jail time and Florida has the biggest DUI rate in the whole nation. It is illegal to drive with a blood stream alcohol level at or above 0.08% and it is against the law for anybody under the age of 21 to drive a car with any amount of alcoholic drinks in their system, regardless how little.

Florida has indeed put into effect a law named comparative negligence. This denotes that if you are involved in a car accident where someone runs into your car, you can ultimately be considered partly responsible for a variety of contributing factors, consisting of but not limited to speeding which is among the most frequent element. If any individual merges right into your lane but you were found for being speeding and you the two collide, both drivers may possibly be held liable for the wreck. In that dispute, both insurance providers will be responsible for compensating only a segment of each claim. You might be held liable anywhere from 1% - 99% liable for the traffic collision, depending on the seriousness of each parties negligence. Both insurance companies will determine the amount of comparative negligence each party should be awarded and will likely proceed with partial settlement of your insurance claim based on the percentage of comparative negligence you are found to be at fault for. If you are identified to be 100% responsible for a collision, whatever if you are charged with negligent driving or not, you are permanently barred from recovering any type of compensation.

Florida public school system have introduced a few programs to help educate young motorists and to increase awareness about the perils of operating a car while using a cell phone or being distracted period. Florida Highway Patrol has likewise put together a number of awareness courses all over the region to keep drivers informed and safe. As technological innovation developments, cars and truck makers have also begun mounting hands free voice activated technology in new autos. They have also designed technology to help parents or guardians by letting them to control the settings for young vehicle drivers by only enabling a set music volume, turning off the radio if the seat belt is not fastened and not permitting the driver to operate any of the settings while the auto is in motion. According to Fla Highway Patrol, this cutting-edge tech has without a doubt reduced auto negligence wrecks by a fraction and with modern technology advancing, more and more lives will be spared.

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