Proving Car Accident Negligence

In order to be awarded a claim, you must be able to prove the other party was negligent. It is important that all of the following factors are present in order to collect damages:

  • Duty of Care: All drivers must uphold a duty of care to others on the road which is the obligation to drive safely and abide by traffic rules. Duty of care when a person is driving extends to drivers, bicyclists, and pedestrians.
  • Breach of Duty of Care: When a person fails to uphold their duty of care, it means that they failed to act safely on the road. In the case of texting of driving, the breach occurs when the driver engages with their phone while driving. When the driver does this, they have taken their attention away from the road.
  • Causation or Proximate Cause: Causation links the injuries to the person’s breach in their duty of care. This means that causation takes a look at the person’s negligence and the injuries sustained by the victim as a result. A car accident lawyer Lakeland, FL residents trust would have to prove that the victim’s injuries were the result of the defendant’s actions. Causation states that if the person had not been negligent, the claimant would not have been injured.

Damages for Car Accident Injuries

Damages are calculated based on what a person lost as the result of the accident. Damages can include a variety of things, going far beyond just financial losses:

  • Money needed to repair damaged property
  • Lost wages
  • Medical expenses
  • Loss of earning capacity
  • Pain and suffering
  • Emotional distress

Contact a Car Accident Lawyer Lakeland, FL Knows and Trusts

Suffering from a car accident can be a traumatic experience for all who are involved. If you’ve been injured in a car accident, contact David & Philpot, P.L. today. We offer free consultations to potential clients who are looking for a Lakeland car accident lawyer. For more information, or to speak with a car accident lawyer Lakeland, FL families depend on, contact David & Philpot today at (800) 360-7015.

As any car accident lawyer Lakeland, FL has to offer could tell you, there are a number of causes for a car accident. Driving while intoxicated, speeding, and driving when overtired are all common causes. However, due to technological advances in recent years, there is one serious danger on the road: texting and driving. This common problem has quickly become one of the top reasons for car accidents. At David & Philpot, P.L., we understand the magnitude of this problem.

Drivers often cause serious accidents when they choose to read or write text messages while driving. If the cause of the accident was due to texting and driving, an experienced car accident lawyer Lakeland, FL can provide might seek damages for the victims from the negligent party. If you were texting and driving when an accident occured, you might be held responsible for seriously injuring someone or worse: killing them. If you were injured from someone else’s negligence following a car accident, you may benefit from working with a car accident lawyer in Lakeland, FL to help determine whether or not you have a case.