Articles Tagged with Palm Beach car accident lawyer

If you’re thinking of allowing someone to borrow your car, you may want to think twice. Florida’s longstanding dangerous instrumentality doctrine allows vehicle owners to be held vicariously liable for the negligent actions of those permitted to operate their vehicle. It can even apply to Florida vehicle owners when crashes occur in other states (more on that later).Palm Beach car accident lawyer

The dangerous instrumentality doctrine holds that an owner of an inherently dangerous tool can be legally responsible for any injuries that result from operation of that tool. Most people don’t consider cars to be “tools,” but they were established as such by the Florida Supreme Court in the 1920 decision of Southern Cotton Oil v. Anderson. The effect of that ruling was that vehicle owners could be subject to strict vicarious liability, meaning that basically the owner – and everyone whose name is listed on the title – could be held financially responsible for a crash as if they themselves were in the driver’s seat. Continue reading

In any Palm Beach County car accident lawsuit, there are several baseline criteria plaintiffs must meet to prevail. Minimally, they need evidence tending to show the other driver – who owed a duty of reasonable care to other road users – in some way breached this duty (either by violating traffic laws or making a judgment call a reasonable person in his/her same situation most likely would not). They must further show this breach of duty was the cause of the injuries they’re alleging. In some instances, that last part is pretty straightforward. The person wasn’t injured before the crash, now they are and the itemized list of those injuries is clearly documented in medical records and backed by witnesses.West Palm Beach car accident lawyer

However, there are some  South Florida car accident cases wherein proving causation is much trickier. There can be disputes over whether defendant’s negligence actually caused the crash as well as whether the crash actually caused plaintiff’s injury. Insurers will seize on whatever excuse they can to dispute causation and avoid paying.

Types of Expert Witnesses Called in a Florida Car Accident Claim

Contact Information