When we discuss car accidents and personal injury cases, we always hear about the term, “negligence.” Negligence is important because it is the basis for most personal injury car accident cases and must be proved in order to recover any compensation for your injuries and pain and suffering. Essentially, negligence is the failure of someone to exercise reasonable care.If someone hurt someone else by failing to exercise reasonable care, then the at fault party can be held liable for negligence. Sometimes evidence of negligence is obvious and other times it is not. That is why it is important for a personal injury attorney to be familiar with the rules of the road, otherwise known as Florida’s traffic control rules.
These rules can be found in Florida Statutes Chapter 316. If someone caused an accident, it is likely that they violated some rule in Chapter 316. If an accident report is created by a police officer and the officer finds someone at fault based on their observations, the officer will usually issue a citation under one of the rules in Chapter 316. Chapter 316 spells out almost all the rules that drivers are to follow when they get behind the wheel of a car. For example, the rules spell out what you are supposed to do at a flashing yellow light and what the rule is against following another car too closely. If the facts and evidence show that someone did not follow one of the rules of Chapter 316, it can be argued that the person was negligent because they failed to exercise care and failed to act with an understanding of the laws that govern our streets and highways.