Miami Personal Injury Lawyer Blog
In a Miami car crash, proving negligence often hinges on who violated the right-of-way rules of the Florida State Uniform Traffic Control. If a driver fails to yield as required by law, they may be considered at fault. This violation is a key piece of evidence in establishing their duty of care and breach of that duty, which are essential elements of a negligence claim.
A Miami car accidents lawyer can help gather critical evidence of traffic violations or other proof of negligence, providing essential support in recovering fair compensation.
How Miami Drivers Violate Right-of-Way Rules
Many car accidents in Miami happen because drivers fail to follow right-of-way laws by:
- Speeding through intersections
- Failing to yield at a four-way stop
- Not stopping for pedestrians in crosswalks
Plus, motorists turning left often fail to yield to oncoming traffic, causing dangerous T-bone collisions.
Any time a driver breaches the duty to operate their vehicle safely on the road, catastrophic injuries may result.
Right-of-Way Violations Prove Negligence
When a Miami driver’s right-of-way violation causes an accident, it can serve as powerful evidence of negligence. Negligence is the legal theory that holds a person responsible for injuries they cause by acting carelessly. By failing to yield or stop as required by Florida law, the at-fault driver has breached their duty of care. This breach directly caused the collision and your injuries. A police report and witness statements can be crucial in proving these violations.
Comparative Negligence in Florida
Florida follows a modified comparative negligence rule in personal injury cases. This means that if you are partially at fault for an accident, your final compensation will be reduced by your percentage of fault.
For example, if a jury awards you $100,000 but finds you were 20 percent to blame, you would receive $80,000. However, if your fault is found to be more than 50 percent, you can’t recover any damages. This rule makes it vital to demonstrate the other driver’s primary negligence.
Florida’s Car Accident Statute of Limitations
By definition, the statute of limitations is the deadline for filing a lawsuit. In Florida, you typically have two years from the date of a car accident to take legal action. Missing this two-year window almost always means you lose your right to seek compensation for your injuries. Keep in mind that the clock does not stop running while you’re discussing settlement options with an insurance company.
Discuss Remedies with a Miami Car Accident Attorney Today
If another driver’s mistake led to your auto crash injuries, legal help is critical to building a strong negligence case. The Florida statute of limitations is short, so protecting your right to compensation requires acting quickly. Our experienced Miami car accident lawyers at Gerson & Schwartz, PA, are here to help. Contact us today to discuss your case and understand your legal options. You can visit our website or call (305) 371-6000 to schedule a free consultation at our offices in Miami, Fort Lauderdale, or West Palm Beach.
