What Is Auto Negligence in Florida?

Auto accidents can happen in an instant and change lives forever. Many crashes are caused by auto negligence, which determines who is responsible for the damages. What is auto negligence in Florida? Understanding this helps victims protect their rights and seek recovery. As a trusted Boca Raton Car Accident Lawyer, Hersh Kirtman guides injured drivers and families toward fair compensation when another’s carelessness causes harm.

In Florida, auto negligence happens when a driver fails to use reasonable care and causes an accident. To prove negligence, it must be shown that the driver had a duty of care, breached that duty through reckless behavior, the breach caused the crash, and it led to real harm. Under Florida’s pure comparative negligence law, even if someone shares part of the blame, they can still recover damages based on their percentage of fault. This system ensures fairness and recognizes that accidents often involve shared responsibility.

Defining Auto Negligence Under Florida Law

Negligence in Florida refers to a person’s failure to act with the level of care a reasonable person would exercise under similar circumstances. In car accident cases, this means a driver did not follow traffic laws, failed to pay attention, or otherwise acted in a way that placed others at risk. 

According to Florida Statute §768.81, Florida follows a comparative fault system. This allows each party’s percentage of negligence to be considered when determining compensation. In simple terms, a person who is partially responsible for a crash can still recover damages, though their level of fault will reduce their award. This approach helps ensure accountability while recognizing that accidents often involve shared mistakes.

How Fault and Negligence Work in Florida Car Accidents

Determining fault after a crash is key to any claim. Evidence like police reports, witness statements, or camera footage helps show who acted carelessly. In some cases, phone records or dashcam video can prove what really happened.

Under Florida’s pure comparative negligence law, even drivers partly at fault can still recover compensation, reduced by their share of responsibility. Proving negligence means showing the other driver broke their duty of care and caused the accident. Hersh Kirtman works to build strong claims and hold careless drivers accountable.

Common Examples of Auto Negligence on Florida Roads

Negligent driving can take many forms, from momentary distractions to serious violations of traffic laws. Common examples include:

• Distracted driving, such as texting, adjusting the GPS, or eating while driving.
• Speeding or driving too fast for the road or weather conditions.
• Running red lights or stop signs.
• Driving under the influence of alcohol or drugs.
• Failing to yield or follow right-of-way laws.
• Tailgating or following another vehicle too closely.

Each of these actions increases the risk of accidents and injuries. According to the Florida Department of Highway Safety and Motor Vehicles, thousands of crashes each year are linked to driver error and negligence. Holding the responsible party accountable helps promote safer roadways across Boca Raton and the entire state. Even a split-second lapse in attention can lead to serious harm, which is why enforcing accountability is so vital for community safety.

What to Do After an Accident Caused by Negligence

Right after an accident, safety and getting medical help come first:

• Get yourself and anyone else to a safe spot away from traffic, then check for injuries.
• See a doctor right away, even if you only feel minor discomfort. Some injuries don’t show symptoms until hours or days later.
• Take photos or videos of the damage to all vehicles, the road conditions, and any injuries you can see.
• Get the names and phone numbers of anyone who saw what happened.
• Ask for a copy of the police report before you leave the scene.
• Let your insurance company know about the accident, but be careful about giving detailed statements before talking to a lawyer.

Contacting an attorney shortly after the crash can make a significant difference. A lawyer can figure out who’s actually responsible, pull together the evidence you need, and deal with the insurance companies for you. The sooner you act, the better your chances of protecting your claim will be.

Injured by a Negligent Driver in Boca Raton? Contact Hersh Kirtman for Legal Guidance

Auto negligence can have devastating consequences, from medical bills and lost wages to lasting emotional distress. When another driver’s careless actions cause harm, you deserve accountability and justice. At Hersh Kirtman, our team is dedicated to helping injury victims across Boca Raton and South Florida recover the compensation they deserve.

Call 561.208.3700 today to schedule a consultation and learn how we can help you move forward with confidence.

Michael Hersh

Founding Partner

A passionate advocate for injury victims, Michael transitioned from corporate law to fighting for individuals after a pivotal case defending an elderly couple. With over $100M in verdicts and settlements, he specializes in catastrophic injury and wrongful death cases, using his Trial Lawyers College training to powerfully tell clients’ stories.

Years of experience – Over 15 years
Elite Trial Advocate – Graduate, Trial Lawyers College
$35M Record Verdict – Catastrophic auto accident case

Get in touch: LinkedIn | Justia