Late last month, two Bradenton residents were killed after a three-vehicle crash near County Road 675. According to a local news report, a Chevrolet was heading west on 675 approaching an intersection as two cars traveling east were also approaching. Apparently, the Chevrolet driver tried to make a left in front of one of the other cars without yielding. The Chevrolet hit the other car, and they both began to rotate. In the midst of all of this, another car tried to avoid the collision, but that car was also struck.
The Chevrolet driver suffered severe injuries and was taken to Blake Medical Center. The car that was cut off was carrying three passengers in addition to the driver. The driver and one 18-year-old passenger were killed. The other two passengers suffered serious injuries and were taken to Blake Medical Center. The driver of the third car, which was only hit on the side, suffered minor injuries and did not need to go to the hospital. According to the Florida Highway Patrol, an investigation is still ongoing, and charges are currently pending.
Contributory Negligence in Florida
In order to bring a claim for negligence in Florida, a plaintiff must establish certain elements in order for the case to be heard by a judge or jury. The plaintiff must show that the defendant owed the plaintiff a standard duty of care, that he or she breached that duty, that the breach was the actual and proximate cause of their injuries, and that actual damages resulted.
Defendants in these cases almost always use contributory negligence on the part of the plaintiff to reduce or eliminate their liability. Currently, about 13 states, including Florida, follow the theory of pure comparative fault. This rule explains that even if a plaintiff was at fault he or she still may be able to recover. In fact, this is even the case if he or she was more at fault than the defendant. In these instances, the plaintiff’s recovery will be reduced by his or her amount of fault. For example, if the plaintiff was 80% at fault, his or her recovery will amount to 20% of the damages.
Contacting an Attorney after an Automobile Accident
If you or a loved one has been injured or killed as a result of an automobile accident, and you believe that the other party was negligent, you may be able to bring a claim against that individual. The Dean Law Firm in Florida is comprised of three attorneys who have over 80 years of total experience settling, negotiating, and litigating personal injury cases. It is crucial to hire an attorney for your personal injury case to increase your chances of success. Personal injury cases can often be complex and include a significant amount of investigation and preparation. The attorneys at Dean Law Firm are skilled at dealing with multiple parties and insurance companies. If you have been injured, or a loved one has been killed, you may be entitled to monetary compensation for your past medical bills, future medical expenses, burial and funeral expenses, and other damages related to your injuries. Contact one of our attorneys today at 352-387-8700 to schedule a free consultation.
More Blog Posts:
Florida Helicopter Crash Results in $16 Million Verdict, Ocala Injury Lawyers Blog, published October 3, 2014.
Tampa City Truck Driver Kills Toddler in Accident, Ocala Injury Lawyers Blog, published September 12, 2014.