Negligence in a Car Accident Case

Answer:

In order for someone to be negligent in a car accident case, a two-prong test needs to be met. First and foremost, you need to establish whether or not the other driver involved in the crash owed you some type of a duty, as he or she was operating his or her car out on the roads the day that you got hit. If indeed there was a duty that was owed, then you have to determine if he or she breached that duty by their actions in operating their car. For instance, were they distracted when they were driving? Were they speeding? Did they run a red light? Did they not have their brakes adjusted and their car slid into you? If you can establish that there was a duty owed – and I think, arguably, everybody owes a duty in the state of Florida to operate their vehicle safely on the roadways – and there was a breach of that duty, then you’ve established negligence on the part of the party that hit you.