Articles Tagged with recklessness

A South Beach community is reeling after an incident involving an elderly woman who drove her vehicle into a popular outdoor café, killing one man and injuring six others. Miami’s Local 10 News reported on the accident, which occurred during the busy evening hours when the restaurant was packed with diners enjoying their meal on the terrace. Witnesses believe the woman was attempting to parallel park her Bentley when she mistook the “Park” pedal and put the car in reverse. As a result of her confusion, the woman plowed through an embankment, over the curb, and into the outdoor dining space. 

The woman is not facing criminal charges, but victims and their families may already be considering legal action through Miami personal injury lawsuits. As the investigation into the deadly accident continues, some of the details are raising more questions than answers.

What liability concepts apply? There are two possible personal injury claims that victims and their families might consider pursuing, as the incident encompasses both premises liability and motor vehicle accident concepts. However, the basis for liability is the same: These accidents happen because of negligence, so victims must prove that the incident occurred because a party failed to exercise reasonable care.

The vast majority of fatal and injury-causing accidents in Florida occur because of negligence, but the term means more than mere carelessness in the practice of law. Negligence is a theory of liability that requires a claimant to prove certain sets of facts to prevail in a personal injury claim. The standard is how a reasonably prudent person would act under the same circumstances as the accident in which you were injured. A departure from this standard may represent a breach of the legal duty of care, entitling you to recover damages from the at-fault party. 

However, not all personal injury claims are based upon negligence. Intentional misconduct and acts done with knowledge of the dangers may NOT fall under this concept, but you may still have legal remedies. It is critical to consult with a Miami personal injury lawyer about your options, and read on for a summary about accidents caused by factors other than negligence.

Basic Definitions for Personal Injury Liability

Florida Justice Association
The National Center for Victims of Crime
outh Florida Legal Guide
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