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Duty of Care in Car Accidents

The duty of reasonable care is a fundamental aspect concerning personal injury cases. Florida law requires all drivers to use reasonable care while operating any vehicle, to avoid harming anyone encountered on the road. Drivers hold duties, such as, driving at a reasonable speed, maintaining control of the car, as well as the cars equipment, and adapting to any circumstances, with vigilance. Failure to exercise reasonable care subjects drivers to liability to other persons for injury and damages. Such failures can range from speeding or texting while driving, driving under the influence, and much more.

Duty of care is one element of a negligence claim, in which it is necessary to prove that the law required the defendant to be reasonably careful and the defendant was not, therefore breaching the duty of care and causing injuries to others. The key to determining a breach in the duty of care begins with proving the at-fault driver owed the injured party a duty of care. This means the driver had a legal obligation to act in a manner that would ensure their safety, as well as the safety of others sharing the road. It must be proven that the at-fault driver breached this duty, by operating a vehicle under known conditions that could potentially cause harm to others. It is also necessary to provide evidence that the drivers breach of the duty of care has caused injuries and damages, therefore making them responsible.

Being involved in a car accident can result in numerous injuries, as well as countless damages. Determining a breach in the duty of care is a necessary aspect when proving the negligence of an at-fault driver. If you or your loved have been a victim of an accident and believe you’re entitled to compensation we want to help you. As experienced Broward county personal injury attorneys, our legal team at Darfoor Law Firm can assist you with your case. Give us a call at 1-833-DARFOOR (327-3667) to discuss your case.

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