Traffic laws exist for a reason: to promote safe travel for all drivers sharing the road. A driver who intentionally or unintentionally disregards these laws could cause an accident. If that happens, their negligence could entitle any injured parties to financial compensation for their property damage, medical bills, and other related expenses and losses.
If you or a loved one was injured in a recent car accident, a Fort Lauderdale car accident lawyer can help you understand the impact of traffic laws on car accident liability. They can also help you seek financial compensation from the negligent driver or their insurance provider. You can learn more with a free case review from a local personal injury law firm.
How Violating Traffic Laws Can Affect Negligence and Car Accident Liability
Negligence determines financial liability for a car accident. Victims can seek financial compensation from the at-fault driver (the one whose negligence led to the collision).
To prove negligence, your Fort Lauderdale personal injury attorney must prove its four legal elements:
- Duty of care: The at-fault driver’s responsibility to obey the law
- Breach of duty: The at-fault driver’s failure to obey traffic laws
- Causation: The negligent action that directly caused your accident
- Damages: The accident’s economic and non-economic costs
Your motor vehicle accident attorney can prove these elements by gathering evidence of negligence. Collecting evidence can take time and attention to detail. If a car accident lawyer represents you, they will collect the evidence your injury claim needs.
Lawyers Assess Car Accident Liability Based on Each Involved Driver’s Negligence
A driver who disregards a traffic law and causes an accident bears financial liability. In some cases, multiple drivers can share liability if they were negligent. Per the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), the state’s traffic laws govern:
- Distracted driving
- Drowsy driving
- Impaired driving
- Speeding
- Reckless driving
Disregarding traffic signs and signals is also a violation of traffic laws. Florida Statutes § 316 defines all traffic laws in the state. If a police officer ticketed any at-fault driver in your accident for a traffic violation, your personal injury attorney can include that citation in your evidence collection.
Evidence That Can Prove Violations of Traffic Laws Caused Your Car Accident
If another driver’s actions caused your accident, you can file an insurance claim or personal injury lawsuit for financial recovery. The liable party’s insurance company will demand proof of negligence, such as:
- Tickets or citations issued to the at-fault party
- Traffic camera footage that captured the crash
- Statements from witnesses
Additional car accident evidence can include accident reconstruction, medical records, and medical bills. Some evidence could be easier for an experienced car accident attorney to obtain. Your lawyer can build your evidence collection while you focus on recovering.
How Car Accident Liability Laws Could Impact Your Right to Financial Recovery
Car accident liability could fall on multiple drivers. If you are partially at fault for the accident, comparative negligence laws could diminish or eliminate your financial recovery. Accordingly:
- If you bear 50% or more liability for a car accident, you cannot recover any damages.
- If you bear less than 50% of the liability for the accident, you can collect compensation by a corresponding percentage.
A solid evidence collection can ensure liability is accurately distributed among each driver. If you did not contribute to the accident, your lawyer can help you fight for the full amount of compensation you deserve.
Additional Laws That Affect Your Car Accident Claim
In addition to traffic laws, the following Florida laws could impact your car accident claim:
- Florida Statutes § 95.11: The statute of limitations that defines how long you have to file your personal injury or wrongful death lawsuit (generally two years)
- Florida Statutes § 316.066: The requirement to file a police report after an accident if anyone is injured, fatally injured, or either car is rendered inoperable
- Florida Statutes § 768.28(6)(a)(1): The requirement to notify a government or municipal agency in writing of any injury claim against them within six months
Each of these statutes is mandatory. An auto accident lawyer can help you meet the deadlines that apply to your case and avoid risking your right to monetary compensation.
Comparative Negligence Laws Could Diminish Car Accident Compensation
Recovering from a car accident can be costly and time-consuming. You can seek multiple types of compensatory damages after a car accident, including:
- Economic damages: Past and future medical bills, past and future losses of income, loss of future earning ability, and property damage, destruction, or diminished value
- Non-economic damages: Lasting disability, scarring and disfigurement, physical pain and suffering, mental and emotional distress, and diminished quality of life
- Wrongful death damages: Funeral and burial expenses, loss of financial support, loss of domestic contributions, and loss of consortium, companionship, and guidance
Your lawyer will assess your damages and fight hard to obtain a favorable settlement for you and your family.
Get Help From a Car Accident Lawyer at No Out-of-Pocket Cost to You
If a disregarded traffic law causes a collision, you can pursue financial compensation from the driver who is at fault in a car accident. Most car accident attorneys will accept your case on a contingency fee basis, meaning the law firm will cover the costs of preparing your case.
You will not compensate your attorney unless and until they cover damages for you. If they don’t recover compensation for you, you will owe them nothing.
Call (954) 633-8270 to Learn More About the Impact of Traffic Laws on Your Car Accident Claim
If you or someone you love was injured in a car accident because another driver violated a traffic law, we can help you build a strong case for fair compensation. Our car accident lawyers can collect proof of the violation and other evidence to support your claim.
Learn more about the impact of traffic laws on car accident liability and your injury claim. Contact our consultation team at the Law Offices of Wolf & Pravato to get started.
