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When Does Negligence Become A Factor In Car Accidents?

When you get involved in a car accident, especially a serious one with severe injuries that may even be permanent, one of the most important things in the aftermath is establishing what happened, and why. In many accidents, the chief cause of mishap is what is referred to as “negligence.”

In simple terms, this means that one party, or another—or perhaps even both—have a basic responsibility for their own safe driving and the safety of others on the road, that they were ignoring in some capacity. This means that if you were driving responsibly and became involved in an accident due to someone’s else’s negligence, you are entitled in court to financial compensation. This is where experienced personal injury lawyers like our staff here at come into play. When we take on your case, we represent your interests and prove in a court of law that the negligence and subsequent financial responsibility are the fault of the other driver.

But what qualifies as negligence in driving? How do you know that the other driver was really at fault?

Here are the factors that everyone—your lawyer, your insurance company, the other driver’s lawyer and insurance company, and even the court—will be looking at in order to determine whether negligent driving really was at play during the accident.


Obviously one of the biggest “red flags” for assigning negligence is driving speed. Breaking speed limits while driving is already an illegal act, and if it leads to an accident, this is a decisive factor in assigning negligence. Traffic conditions, lighting conditions, visibility and weather conditions all play a role in determining this, so even if someone is not breaking the speed limit, but driving at the speed limit on a wet, slippery, rainy day while is everyone else is driving more slowly and cautiously, that would be taken into consideration in court.


A car is a powerful piece of machinery traveling at high speed, and thus drivers are expected to be meticulous in paying attention to their surroundings while driving. While drunk driving is obviously illegal and impairs vigilance to a significant degree, the use of a phone for texting or selfies while driving is still legal in Florida, despite the fact that has the same impairment effects.

Proper Maintenance

If there is a problem with a car’s proper functioning, such as broken signal lights, bad brakes, or problematic steering that the driver is aware of, but chooses ignore, then this is also a serious case of negligence. Anything that effects the car’s ability properly operate is the responsibility of the driver to maintain before going on the road.

Loss of Control

While accidents do happen, such as cars in states with more wintery conditions slipping on ice, there are other instances where the loss of control on a car has less acceptable excuses. A car losing control because a parent is disciplining children, or pets, for example, is definitely a case of negligence.

If you know that your accident was caused by another driver experiencing one of the factors listed above, they are responsible for your injury and suffering. Our experienced legal team will work with you to ensure that you get the compensation you deserve in such cases.