Seasoned Florida Car Accident Lawyers
A motor vehicle accident can be caused by a driver who fails to maintain his or her lane, or who fails to change lanes safely. The Spring Hill car accident lawyers at Holliday Karatinos Law Firm, PLLC offer crash victims the representation they need to pursue claims against those responsible for causing their car accident injuries. Our attorneys have more than 50 years of collective legal advocacy experience. We can provide the legal guidance and advocacy you need to obtain the appropriate compensation for your injuries. Contact us today to discuss your case.
Maintaining a Lane on Florida Roads and Highways
Several Florida traffic rules require drivers to maintain their lanes and only switch when and if it is safe to do so. If a driver is driving on a roadway laned for traffic, he or she must drive the vehicle entirely within a single lane. The driver can only change lanes after carefully ascertaining that the move can be made safely.
Similarly, drivers on a highway must first determine that no other vehicle is approaching or passing either in the same lane or in the lane to which the driver wants to switch. In order to switch, the driver must be able to make a complete switch safely, without interfering with the safe operation of any other vehicle approaching in the same direction. Accidents can occur if a driver fails to safely switch lanes, or if he or she drives erratically between lanes as a result of driving while under the influence of drugs or alcohol.
Holding a Driver Liable
A driver who failed to maintain his or her lane may be held liable for any injuries that result from their actions. If a driver violates Florida’s traffic rules regarding lane changes, the violation may indicate negligence on the part of the driver. You can base your personal injury suit on a theory of negligence. Negligence is a person’s failure to use the degree of care that a reasonable person would exercise under similar circumstances. If you can show that the defendant’s negligence caused your injuries, you can potentially recover damages from the defendant.
As the plaintiff, you have the burden of showing that elements of negligence. You must demonstrate that the defendant had a duty to exercise reasonable care; failed to exercise this duty (by failing to maintain the lane, for example); and caused your injuries and damages.
If the driver was under the influence of drugs or alcohol, you may also hold him or her liable under a theory of negligence per se. Florida makes it a crime to drive under the influence. If a driver violates a penal law, it is considered negligence per se, or negligence as a matter of law. The violation of the statute itself is negligence, as opposed to merely evidence of negligence. To succeed on the basis of negligence per se, you would have to show that the defendant violated a statute intended to protect a particular class of persons from injury (such as driving under the influence); that you are in that protected class; and that the violation caused your injuries.
Damages in Your Car Accident Case
If you can show liability, you may seek compensation from the driver. You can recover damages that include compensation for your medical care and treatment, loss of earning capacity, and more. There is a four-year statute of limitations on personal injury claims in Florida.
Relatives of a fatal car accident victim may be able to recover damages by filing a wrongful death claim. Recoverable damages may include compensation for medical expenses, loss of consortium, and loss of support and services. Wrongful death claims have a two-year statute of limitations. An experienced Florida personal injury lawyer can advise you on your rights and work quickly to assert your claim.
Representation in Your Brooksville Car Accident Case
The North Tampa car accident attorneys at Holliday Karatinos Law Firm, PLLC represent car crash victims and their families. Our lawyers can provide you with the legal guidance and advocacy you need to pursue a claim against the parties that caused your injuries. Our firm has handled a wide range of car accident cases, and we are prepared to handle even the most complex claims. We work with clients in several counties, including Hillsborough, Pasco, and Hernando. Please call us today at (866) 597-0009 or complete our contact form online and we will schedule an initial consultation at no cost to you.