Florida, home to stunning coastlines and constant sunshine, also has the dubious honor of being one of the most accident-prone states due to drivers’ disregard for road rules.
Unprepared victims of car accidents, road rage, or other forms of reckless or negligent driving often wander through the murky waters of personal injury law.
To what extent traffic offenses matter in a Florida personal injury case is an important question to answer.
If you or a loved one was injured in an accident, you must seek legal aid from reputable firms like Bagen Law accident injury lawyers.
Specialists working in the field help clients find their way through the murky legal waters of accidents caused by traffic violations, as they are acutely familiar with local laws.
Their expertise becomes crucial in litigation because various local factors come into play. However, before speaking with a lawyer, it is essential that you thoroughly understand the various elements of traffic law that underpin the legal framework in this domain.
Types of Traffic Violations
Some of the most common traffic violations include:
- Speeding: Driving over the posted speed limit is one of the most common traffic violations. Speeding can lead to accidents, particularly on busy roads or in adverse weather conditions. By adhering to speed limits and adjusting your driving speed according to the road and weather conditions, you can significantly reduce the risk of accidents and promote road safety for yourself and others.
- Reckless driving: Reckless driving is a serious offense that involves driving in a manner that is likely to cause harm to others. Examples of reckless driving include weaving in and out of traffic, driving under the influence of drugs or alcohol, and driving at excessive speeds.
- Running red lights or stop signs: Ignoring traffic signals is another common violation. This can lead to collisions with other vehicles or pedestrians.
- Failure to yield: Failure to yield involves failing to give the right of way to another driver or pedestrian. This can result in accidents at intersections or when entering or exiting highways.
- Distracted driving: Distracted driving involves engaging in activities that take your attention away from the road. This can include using a cell phone, eating, or applying makeup.
- Following too closely: Also known as tailgating, following too closely can lead to rear-end collisions. This behavior is often seen on highways or when drivers are in a hurry.
- Improper lane changes: Improper lane changes involve merging into traffic without checking blind spots or using turn signals. This can result in side-swipe or rear-end collisions.
Role of Traffic Violations in Personal Injury Cases
Traffic violations can play a significant role in personal injury cases. They can be used to establish liability, negligence, and causation. Here are some ways in which traffic violations can affect a personal injury case:
Establishing Liability
If the other driver was cited for a traffic violation at the accident scene, this can be used as evidence of liability. For example, if the other driver ran a red light and collided with your client’s vehicle, this can be used to establish liability for the accident.
Establishing Negligence
The other driver’s traffic infractions may also indicate their carelessness. Accidents can occur when someone does not take adequate precautions, which is what we mean by “negligence.” Your client may have a case for carelessness if the other driver rear-ended their car while texting and driving.
Establishing Causation
Traffic violations can also be used to establish causation, which involves showing that the defendant’s actions caused the plaintiff’s injuries. For example, if the other driver was speeding and collided with your client’s vehicle, this can be used to establish that their actions caused the injuries sustained by your client.
Challenging Traffic Violations
It’s crucial to remember that not all tickets issued for moving offenses are necessarily false. A legal challenge to a citation is possible in specific circumstances. The strength of the case against the other motorist may be diminished if the citation is successfully appealed.
Your Advantage
Traffic violations can have a big impact on personal injury cases. They can be used to show who is responsible, who was negligent, and what caused what. Determining how driving violations fit into the case and using them to your advantage is essential.
If you know about the different kinds of traffic violations and how they affect your case, you can build a better case and make it more likely that you will win.
