When a personal injury lawsuit is filed in the state of Florida, the plaintiff – along with the help of their personal injury attorney – has to prove particular facts before they are awarded compensation for the injuries they suffered. The elements that have to be proven will depend on the type of case it is; however, some universal factors are required for all personal injury cases in Florida.
One of the most common – yet often contested – elements in any personal injury case in Florida is the element of causation. This requires that a plaintiff proves that the actions of the defendant were the direct cause of the injuries they sustained. While, in theory, this may sound simple, it is not always a straightforward process.
In a recent case in Florida, the plaintiff in a personal injury suit was riding a motorcycle on the highway. Upon rounding a curve, he came upon an accident with no warning and was not able to stop safely, resulting in another accident. As a result, the motorcyclist sustained severe injuries.
The plaintiff filed a personal injury suit against the person who caused the accident resulting in the crash. The driver was intoxicated and lost control of his vehicle while speeding. The initial accident took place about an hour and a half before the motorcyclist arrived.
The driver of the initial accident passed away, but according to defense from his estate, the negligence of the initial motorist was too attenuated for it to be considered the cause of the injuries to the plaintiff. Also, the estate made clear that it was the highway patrol that did not warn approaching motorists of the accident ahead.
The court finally ruled that the deceased motorist was not responsible for the plaintiff’s injuries. While, in most cases, if a certain party had set in motion certain events that led to injuries, they would be held responsible, this was not true for this particular case. The continuous and natural sequence of the connection between the injury and the negligent conduct had been broken, which meant that the original wrongdoer was no longer considered liable.
In this particular case, it was determined that it was the highway patrol that failed to warn of the accident, which is what caused the motorcyclist to be involved in a crash.
If you have suffered an injury in a motorcycle accident, or a loved one has been killed in this type of situation, you need to contact a personal injury attorney. They can review the facts of the case to determine if you should be given compensation. If so, they will work to prove who is liable and who owes you for your injuries and damage.
To learn more or speak to someone about the questions you may have, contact the motorcycle accident attorneys at Fetterman & Associates by calling 561-845-2510. Being informed is the best way to know when legal help could benefit you.
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