Defendant's Attorney: Tallahassee, Florida insurance defense lawyers represented the Defendants.

Description: Tallahassee, Florida personal injury truck wreck lawyer represented the Plaintiff who sued the Defendants on auto negligence theory claiming to have suffered more than $75,000 in damages and/or injuries.

This case was filed in the Second Judicial Circuit, Leon County, 2023-CA-000543, and was removed to federal court by the Defendants.

Florida Auto Negligence Law: Key Points

Florida auto negligence law operates under a pure comparative negligence system, meaning you can recover damages even if you were partially at fault for the accident. However, your recovery will be reduced by your percentage of fault. Here's a breakdown of the key points:

Comparative Negligence:

No bar: Unlike some states with a "50% bar," you can still recover damages even if you were 99% at fault. However, your award will be significantly reduced.
Percentage of fault: A jury will determine the percentage of fault for each driver involved in the accident. This percentage will be used to reduce your damages award if you were partly at fault.
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gavel and scales of justice, symbolizing the legal system

Proving Negligence:

To prove negligence in a Florida auto accident, you must establish the following elements:

Duty of care: The other driver owed you a duty to act like a reasonable driver under the circumstances.
Breach of duty: The other driver breached their duty by acting unreasonably, such as speeding, driving under the influence, or failing to yield the right of way.
Causation: The other driver's breach of duty caused your injuries or damages.
Damages: You suffered actual damages, such as medical bills, lost wages, or pain and suffering.

Additional Important Aspects:

Minimum insurance requirements: Florida requires drivers to carry $10,000/$20,000 in liability insurance coverage per accident.
Statute of limitations: You have 4 years from the date of the accident to file a lawsuit.

Resources:

Florida Statutes Annotated: https://le.utah.gov/xcode/code.html: https://le.utah.gov/xcode/code.html
Florida Courts: https://www.flcourts.org/: https://www.flcourts.org/
Florida Bar Association: https://www.floridabar.org/: https://www.floridabar.org/
National Highway Traffic Safety Administration: https://www.nhtsa.gov/: https://www.nhtsa.gov/

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Outcome: Settled for an undisclosed sum and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

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