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An impact to the side of a vehicle can seriously harm or even kill its passengers within, as this is the most unprotected area of motor vehicles. In these situations, individuals will need competent legal representation from a qualified Delray Beach side-impact collision lawyer in order to gain compensation for their injuries. A skilled accident attorney who possesses extensive experience working these cases can help by gathering evidence, interviewing key witnesses, and acting as an aggressive advocate for one’s injury compensation. Read on to learn more about how an experienced Delray Beach side-impact collision lawyer can make a difference in your life.
Most collisions to the side of a car occur when a driver turns left in front of an approaching vehicle, sometimes even overturning the other car if a larger vehicle such as a truck or bus is involved. The turning driver either fails to obey traffic signals or is driving aggressively, driving while impaired, participating in distracted driving, or was speeding. Side-impact collisions are particularly injurious because the doors of vehicles are not as reinforced or engineered to absorb as much energy as the front and rear-end of vehicles. The driver and passengers are also closer to the doors than any other part of the vehicle. The safest place to be positioned in a side-impact collision is sitting in the center of the rear seat, where children fastened in car seats should ride.
Side-impact crashes are adjudicated using Florida’s negligence law. In this law, negligence is defined as an act that a prudent individual would not commit in the same situation. Failing to act when needed can also be considered negligence. As of 2023, Florida law requires plaintiffs to be less than 50% responsible for an accident, which is assessed by a jury in court, in order to recover damages. For example, a driver who is 80% at fault for causing an accident will not be able to recover damages. This system is known as modified comparative negligence.
To prove liability in a case, all of the elements that structure Florida’s negligence law must be shown to a jury. First, a dedicated Delray Beach side-collision lawyer must show that the defendant owed a duty of care to the injured party. There are situations in which no duty of care is legally owed, but this duty does exist among motorists who share Florida’s roadways. They must also show a breach of this duty through a negligent act. For example, if a driver runs a red light and hits the plaintiff’s car on its side, this act would be considered a breach. If this breach did not occur, the collision would not have happened. A seasoned Delray Beach side-collision lawyer would then need to prove the accident’s proximate cause, also known as the legal cause, which is recognized by the law as the primary and foreseeable reason for the injury. Finally, a reliable Delray Beach side-collision lawyer would have to show that actual damages occurred from the crash.
If you have been seriously injured due to an accident caused by the negligence of another, consider reaching out to a distinguished Delray Beach side-impact collision lawyer who can help to fight for your compensation while you focus on your medical recovery. Because attorney fees are paid from a portion of the award won at trial or in a settlement, if the case loses, no attorney fees will be owed. Contact Kogan & DiSalvo today to schedule your initial consultation.
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