Careless Driving Car Accidents in Miami

Not every person who causes a car accident was purposefully driving in a dangerous manner. In some cases, a person may be unaware that his or her actions could endanger other people, or may have simply made a mistake while driving. In these situations, that person may be cited for careless driving.

While a careless driver may not have meant to hurt anyone, that likely doesn’t matter to the people who are injured when that driver causes an accident. The Miami careless driving car accident lawyers at Gerson & Schwartz help injured people seek the compensation they need to pay for damages caused by a careless driving accident, including payments for medical bills, lost wages, and pain and suffering.

What is Careless Driving?

In Florida, the law makes a distinction between people who drive poorly because they are careless and people who drive dangerously because they are reckless. In essence, a careless driver may not know that his or her actions could be dangerous, while a reckless driver knows certain actions are dangerous but does them anyway.

Florida state statutes define careless driving as when a person fails to operate his or her vehicle in a careful manner, especially in regard to curves, corners, and traffic on the road. While a careless driver may not mean to be careless, the law allows officers to issue a citation when the driver’s actions endanger people or property nearby. For example, a careless driver may take a turn too quickly and strike something or might rear-end another driver while distracted by something in the car.

Unlike reckless driving which is a criminal offense, careless driving is a civil violation. A person who is ticketed for careless driving may receive up to four points on his or her driver’s license, which can lead to a driver’s license suspension, and may also be required to pay steep fines and penalties. Often, drivers will receive a ticket for careless driving after a car accident when a police officer responding to the scene isn’t positive about the details of the crash but believes that one driver’s actions were responsible for the wreck. For instance, if an officer responds to a crash where one driver rear-ended the other, the driver who struck the other vehicle may be cited for careless driving because rear-end collisions are usually the result of negligence.

In some cases, a driver in Florida may be cited for aggressive careless driving. This citation is merited when a driver engages in two or more of the following at once or in succession:

  • Speeding
  • Unsafe Lane Changes
  • Failure to Yield
  • Tailgating
  • Improper Passing
  • Failing to Obey Traffic Signals

A driver who is cited for aggressive careless driving may face harsher penalties like increased fines or mandatory driving courses.

Careless Drivers can be Held Liable

A driver who fails to navigate his or her vehicle carefully on the road endangers everyone. When a negligent driver acts carelessly and causes an injury, he or she may be legally responsible for paying damages to the injured party.

A citation for careless driving can be powerful evidence in a lawsuit that the driver acted negligently and is responsible for the accident. However, a careless driving ticket is not required to prove negligence—even if a person was never ticketed, that person could still be found responsible in a personal injury lawsuit. Evidence of careless behavior, like proof that a person was speeding or ran a red light, can be used to show that the driver failed to fulfill his or her duty of care.

Skilled personal injury attorneys understand how to introduce this evidence to build a strong case against a careless driver who causes a car accident. At Gerson & Schwartz, our team of Miami careless driving car accident lawyers have over four decades of experience helping injured people get justice after an accident caused by negligence. We will evaluate your case and help you make the best claim possible against the insurance companies and/or the driver who caused you harm. To schedule a free consultation and learn more about your options, contact our office today by calling (877) 475-2905.

Client Reviews
Mr. Gerson and all his team gave to my case the careful and professional attention it needed from the beginning to end. Unfortunately, a year ago I was involved in a car accident on the victim side. I have appreciation for the good service that was given to me and my situation. Thanks.
★★★★★
Gerson & Schwartz did an excellent job with my case! Nick Gerson was my primary contact throughout the process and I was overly pleased with his level of professionalism and commitment. Thanks again to the firm for both winning my case and handling it with the upmost respect. Read More » Jhlechia Ervin
★★★★★
Phil is the best attorney! The staff is very helpful and were always kind and understanding. Especially during a PIP claim which can be very frustrating. I am so lucky that I found Gerson & Schwartz to resolve my case, I truly believe there could have been no better outcome. Romina Frascarelli, Google User
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Excellent attorneys, they leave no stone unturned in any case and get max value. Jon Zepnick, Google User
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I hired Gerson & Schwartz, PA for a personal injury/slip and fall case. Phil Gerson, Nick Gerson, and Ed Schwartz were awesome! They were very professional, supportive, and informative through the whole process. I was amazed at how much time and effort they put into presenting my case. They fought hard for me and I am very happy with the outcome. I love these guys and would highly recommend them to anyone looking for an attorney who will look out for your best interest and fight hard for what you deserve. Deb Betts, Google User
★★★★★
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