Negligence Per Se in Car Accident Cases
There are certain situations where a person is presumed or already believed to be negligent by a court, and it is up to that person to rebut the presumption that they were negligent. This is generally referred to as “negligence per se” and it is an incredibly valuable tool in a personal injury lawsuit arising from a car accident. The reason is that since the other side is already facing a presumption of liability, it places the injured victim at an advantage over the defendant in the case. Additionally, it places the plaintiff in a highly leveraged position to try and settle the case. To be liable under negligence per se, a person must have violated a specific law, and the violation must have been a “substantial factor” in causing harm to the injured victim. You may be asking yourself; well how do we know what law was violated? In most instances, you will want to look at the police report because many times in the police report, the officer will write down the exact code section or statute that a person has violated. Again, to utilize this to your advantage in settlement negotiations, this can be included in your settlement demand letter or package. However, negligence per se is not always going to apply to your situation. The other side’s insurance company can simply respond to you saying they are not liable under that code section. Many times, in he-said she-said cases (where there are no witnesses or documents proving the other side at fault, and it is the word of each party involved against the other’s), the insurance company will have an easier time denying liability, even if the police report says their insured (the person they are insuring) violated a certain law, causing the accident. Also, there are many exceptions to negligence per se, like if the violation of the law was reasonable or necessary in a certain circumstance. For example, you may argue that a person was driving too fast which caused the accident, but what if someone else was about to sideswipe them? Yes, they may have been speeding, but it was to avoid an accident caused by someone else, and in doing so, caused an accident with you. That may absolve or relinquish a person’s liability under negligence per se.
Contact a Personal Injury Attorney in Miami Today!
The law protects injured victims by permitting them to obtain compensation from the at-fault party who caused their injury. Personal injury claims lawsuits are new for most and as a result, it is common to make mistakes that can hurt your chances of obtaining recovery for damages. For that reason, you need to be keenly aware of the mistakes that can harm your legal claim. An experienced attorney can help you avoid common mistakes injured claimants make when dealing with an insurance company or the party responsible for the injury. Insurance companies are counting on you not to get informed on your case and hire a personal injury lawyer. Don’t let yourself get taken advantage of. Suarez & Montero has been assisting injured clients in South Florida for over 19 years against insurance companies. We appreciate the extensive impact an injury can have on one’s life or on their family and overall health. That is why we our firm focuses on protecting the rights of injured victims. If you’ve been involved in any kind of accident such as a car accident, truck accident, hit and run accident, DUI accident, bicycle accident, motorcycle accident, or some other type of traffic accident, schedule a consultation with one of our skilled car accident attorneys to evaluate your claim and see if it is worth filing a claim or lawsuit to recover much needed compensation. At Suarez & Montero, our car accident attorneys have extensive experience helping accident victims in and around South Florida. protect their rights so they can receive the compensation that they deserve. Gathering evidence in a personal injury case can take time, and there are time limits for filing, so getting started right away is critical.Contact one of our car accidents lawyers today for a free no risk consultation!
We serve clients throughout Florida including those in the following areas:
Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.
Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.
