A 55 year old Florida man died this week after his vehicle hit a palm tree. The accident happened on Snell Isle Boulevard Northeast in St. Petersburg, Florida. According to the police report, the driver was driving his 2014 Audi in excess of the 30 miles per hour posted speed limit. When he failed to negotiate a curve, his car veered off the road and hit the tree. Upon impact, the car rolled onto its side and burst into flames, killing the driver.
Although tragic in and of itself, it is very lucky that nobody else was hurt in the accident, especially considering that it happened in the middle of the day. The incident highlights the danger of speeding, and how easy a drive can go from leisurely to deadly. If somebody else had been injured – whether another driver or a pedestrian walking on the sidewalk – this accident could also have turned into lawsuits. This is because, according to Florida’s personal injury laws, if someone is injured (or killed) as a result of the negligent act of another, then they have the legal right to seek compensation for their injuries.
Negligence is defined as the failure to exercise the degree of reasonable care expected of someone in order to minimize the risk of harm to another person. Driving above the speed limit falls under this definition. However, this in itself is not enough to win an award for damages in a Florida personal injury lawsuit. To do so, you must prove five elements:
- Breach of duty
- Cause in fact
- Proximate cause
In summary, if you can show that the other driver had a duty of care (i.e., a duty to not hit you); that they breached that duty by, for example, speeding and that because of their speeding they hit you and injured you, then a jury will likely determine that the other party was acting negligently.
To learn more about how Florida’s personal injury and negligence laws pertain to your case, contact the Law Offices of James O. Cunningham, P.A. today and schedule your free initial consultation.
James O. Cunningham
Since 1977, personal injury lawyer James Cunningham has provided effective legal advocacy to people who are injured through the negligent actions of another person or entity throughout the Central Florida area. He fights to obtain recoveries for his clients’ physical and emotional pain and suffering and pursues his clients’ personal injury cases with a commitment to excellence and impeccable preparation.
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