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Florida motor vehicle accidents often occur due to certain common factors.  If you have been injured in a Florida motor vehicle accident, then — most likely — one of these factors contributed to the accident.  Depending on the facts of your case, this may significantly influence the defendants that you can bring a claim against, as well as the type of claims that you’ll potentially be litigating.

Consider the following.

DWI/DUI

Driving while under the influence of drugs and/or alcohol can severely compromise a driver’s ability to safely operate their vehicle and rear to changing conditions on the road.  It is worth noting that a driver can be held liable for driving while under the influence of medical drugs, as well.  For example, if a driver is severely impaired due to having taken a prescription medication that suppresses their fine motor skills, then the plaintiff-victim may be able to successfully sue them on the basis of driving while under the influence.

Excessive Speed

Speeding is responsible for a large portion of motor vehicle accidents.  High speeds not only inhibit a driver’s ability to react to stimuli on the road, but also lead to more severe collisions (and more severe injuries as a result).  If the defendant is found to have been speeding, it is a clear indicator that they acted negligently in operating their vehicle.

Driving While Distracted

Distracted driving is increasingly responsible for more and more accidents as time goes on.  Cell phone use, spirited conversation in the vehicle, eating, or simply just allowing oneself to lose focus — all of these may lead to distracted driving that enhances the risk of an accident.  Distracted driving, like speeding, is a clear indication of the driver’s negligence, unless the distraction was reasonably caused (for example, if another driver was about to crash into the defendant, then their attention may have been justifiably redirected away).

Tiredness

Unfortunately, too many drivers fail to consider their current level of tiredness/fatigue.  If a driver has not had enough rest, their driving may be significantly impaired, posing a risk to others on the road.  Drivers knew or should have known that their fatigue would impair their operation of a vehicle, but choose to drive anyway, may be held liable for injuries caused by such negligent operation.

Defective Vehicle

Driver error at the time of an accident is not the root cause of all accidents.  In fact, it is not uncommon for vehicle defects to lead to an accident (i.e., brake failure, engine issues, etc.).  If the defect was discovered or should have been discovered by the vehicle owner before the accident at-issue, then the owner may be held liable for failing to repair the defect before allowing the vehicle to be operated.  It is also worth noting that, depending on the particular facts surrounding the defect, the manufacturer and/or distributor may also be held liable on the basis of product liability.

Contact Randall Spivey to connect with a skilled Fort Myers car accident attorney at the Spivey Law Firm, Personal Injury Attorneys, P.A.  We will provide a free and confidential consultation to discuss your legal rights.