In general, drivers who fail to use reasonable care may be held liable for causing a car, truck or pedestrian accident. Under Florida law, negligence is defined as:

The failure to use reasonable care, which is the care that a reasonably careful person would use under like circumstances. Negligence is doing something that a reasonably careful person would not do under like circumstances or failing to do something that a reasonably careful person would do under like circumstances.

Every car accident case is different. How and why a car accident occurs will always be for different reasons. Whether it is a DUI/DWI situation or a driver who runs a red light, liability varies from case to case. However, in most car accident cases, there are two common acts of negligence which almost always come into play: failure to maintain reasonable control of a vehicle, and failure to keep a proper lookout. These two acts of negligence apply to nearly every type of car accident scenario, such as:

  • rear end car accidents,
  • intersection car accidents,
  • pedestrian accidents,
  • side swipe car accidents, and
  • car accidents caused by running a red light or stop sign.

Failure to maintain reasonable control of a car basically means that the driver was the cause of the car accident. The act of striking another car, whether it’s from the rear or a t-bone situation, an at-fault driver failed to maintain control of their car, which is why the accident occurred.

Failure to keep a proper lookout means that a driver failed to see something he or she should have seen in order to avoid the accident. For instance, someone who proceeds into an intersection to make a turn fails to keep a proper lookout when he or she strikes a car in the intersection.

However, it is important to note that negligence or fault in a car accident case is not always clear, especially when two or more cars are involved in the accident. For instance, a three or four car accident may require extensive investigation to determine fault and the sequence of events leading up to the first collision.

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