Broward Injury Lawyer Blog
One of the best parts of Florida is the ample opportunity to soak up the sun. Unfortunately for a few sunbathers, this relaxation ritual turned to horror when they were allegedly run over by a Ford F-150 driving along the beach.
According to WSOC TV News, the accident involving three sunbathers occurred at a popular beach near Key Biscayne, Florida.
Victims said they were lying on the beach, and the driver of the truck apparently did not see them. They tried to get out of the way, but the truck managed to run over their hands and feet. They suffered personal injuries to their hands or feet, depending on which way they were lying, but fortunately, their injuries were not considered life-threatening.Police were called to the scene, along with paramedics who treated the victims for various scrapes and contusions. The driver of the pickup reportedly told police that he did not see them. He immediately stopped following the accident and was the first person to call 911 after checking the condition of the three victims. There were no charges filed against the driver as of the time of this article. There have also been no formal accusations of negligence filed against the driver.
As our Fort Lauderdale personal injury attorneys can explain, it generally doesn’t matter if criminal charges have not been filed in connection with an accident in which someone was injured. This is not to say it isn’t helpful if defendant is charged with a crime, but it is by no means necessary in order for you to recover in a civil personal injury lawsuit.
The reason for this is because, in a civil personal injury lawsuit, there are typically four elements that must be proven to establish negligence. The four elements in a negligence cause of action are as follows:
- Duty
- Breach
- Causation
- Damages
The duty is a duty to act as a reasonable and prudent person so as to avoid foreseeable injury to foreseeable personal and property. The duty can be imposed for various reasons, but in the case of a car accident, if you drive a car, you assume a duty of due care as a matter of law.
The breach element is where criminal charges can make a difference. If criminal charges are filed, and the defendant pleads guilty or is found guilty, the violation of criminal statute can often be used to establish a breach of the duty of care. This is known as negligence per se. If you have a personal injury case after a drunk driving car accident, and the defendant also pleads guilty to a DUI, that plea can be used to establish a breach of a duty of due care. However, it is important to understand that this doesn’t take care of the remaining two elements in a negligence case. You must still prove that the breach of a duty of care caused the accident and damages occurred.
To continue with the drunk driving car accident case, if a drunk driver is arrested after an accident, but the accident wasn’t his fault, it may be difficult for the other driver to prove causation. However, this will not help the drunk driver in his criminal case.
Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.
Additional Resources:
Miami sunbathers scraped and bruised after getting run over by a parks truck, May 14, 2017, By Sandra Nortunen, WSOC TV
More Blog Entries:
Property Owner Liability for Dangerous Road Conditions, March 7, 2017, Personal Injury Lawyer Blog
