Posted by Piercy Stakelum on 10/25/2019

What is Automobile Negligence?

What is Automobile Negligence?

Automobile negligence is in essence the failure to handle a automobile in a acceptable and safe manner. Distracted driving is regarded as almost anything that causes you to take your eyes off the road or your hands off of your steering wheel. You have a responsibility of reasonable caution when you get behind the wheel to drive a car the speed limit, always keep your eyes on the road, steer clear of interruptions and stop for all traffic control devices. Florida Statute 316.1925 states "Any person operating a vehicle upon the streets or highways within the state shall drive the same in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic and all other attendant circumstances, so as not to endanger the life, limb, or property of any person. Failure to drive in such manner shall constitute careless driving and a violation of this section". Any individual arrested for careless driving may be punished by fines, points on your driver license, or possible suspension of your license. A careless driving charge is a civil traffic offense in the State of Fla ; however, a reckless driving charge is a criminal traffic offense. Florida Statute 316.192 states "Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving". A reckless driving charge can be punishable by minor jail time and fines. In case you are charged with reckless driving involving a fatality or major bodily injury, this can be punishable by serious jail time, enormous fines and restitution to the injured parties relatives. Failure to use due care while using a motor vehicle has major implications as you could be putting not only your own life in danger but the existences of all those near you.

Mobile phone use is the number one cause of automobile negligence not just in Florida but in the whole entire nation. Over a million motor vehicle wrecks are attributed to people speaking on the smartphone and in excess of 300,000 are attributed to driving while texting each and every year all over the country. Texting is the main root cause of distracted driver fatalities in the State of Florida according to the Fla Highway Patrol. The most common source of cellphone use while driving originates from teenage motorists. This as well as the lack of driving experience can prove calamitous in a considerable amount of teen driver collisions. Many states have outlawed hand held cellular phone use for this very reason. Many large organizations also have strict regulations in place banning their employees from using a cellular while driving a company car or truck.

Distracted motorists are tremendously common in The Sunshine State because of the volume of tourisms that visit our state every year. A lot of collisions in FL are triggered by tourists paying more interest to their gps device than the expressway in front of them. As The Sunshine State's residents increases, so does the quantity of automobiles on the streets. Maintaining a safe distance from the car or truck ahead of you and paying attention to the street is a terrific solution to prevent automobile negligence. In the case that you are following too closely and the vehicle ahead of you brakes unexpectedly, you are required to be a safe enough distance away to ensure that you have time to stop as well. Many car or truck wrecks and rear end wrecks which could have easily been prevented by leaving enough space in between your vehicle and the vehicle ahead of you. 90% of all rear end wrecks result in a citation for careless driving and a fine. An additional contribution to automobile negligence is driving under the influence. DUI is an infraction in Florida leading to fines and even jail time and Florida has the highest DUI rate in the entire country. It is illegal to drive a car with a blood stream alcohol level at or over 0.08% and it is illegal for anybody under the age of 21 to drive with any amount of alcoholic beverages in their system, no matter how small.

FL has actually implemented a law regard as comparative negligence. This denotes that if you are involved in a car accident where someone runs into your car, you can ultimately be deemed partially at fault for a variety of contributing reasons, consisting of but not limited to speeding which is among the most prevalent element. If a person merges into your lane but you were identified to be speeding and you the two collide, both car drivers can possibly be held liable for the auto accident. In that suit, both insurance providers will be responsible for compensating only a portion of each insurance claim. You could be held responsible anywhere from 1% - 99% at fault for the collision, depending on the seriousness of each parties negligence. Both insurance providers will decide on the amount of comparative negligence each party should be awarded and will likely proceed with partial settlement of your claim based on the percentage of comparative negligence you are found to be at fault for. If you are found to be 100% responsible for an accident, regardless if you are charged with negligent driving or not, you are forever barred from recovering any kind of compensation.

Florida public school system have implemented a variety of programs to help educate young drivers and to increase awareness about the dangers of operating a motor vehicle while using a mobile phone or being distracted period. Fla Highway Patrol has equally developed a handful of awareness training programs all over the state to keep drives informed and safe. As modern technology advances, auto makers have also begun installing hands free voice activated systems in new automobiles. They have also come up with technology to aid parents or guardians by allowing them to control the configurations for young drivers by only enabling a set music volume, turning off the radio if the seat belt is not secured and not allowing the driver to operate any of the settings while the vehicle is in movement. According to Fla Highway Patrol, this brand-new technology has without a doubt decreased auto negligence collisions by a fraction and with technology advancing, much more lives will definitely be protected.

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