Many of us are tempted to see what is happening when we are passing an accident on the road. Rubbernecking refers to when a driver or passenger turns their head to look at a collision. When drivers look too long, they may be responsible for causing another crash because of their distraction. The Miami car accident attorneys at the Law Offices represent people harmed as a result of another driver’s negligent behavior. Our firm can help victims identify the source of a collision and communicate with insurance companies on their behalf, as well as pursue legal claims when appropriate.Assert Your Rights After a Rubbernecking Accident
It may seem harmless, but rubbernecking puts many people at risk, including immediate responders, other drivers, and passengers. Rubbernecking is another form of distracted driving that, like phone use, endangers the safety of others. When drivers take unwarranted time to gaze at another accident, they may slow down traffic unexpectedly, miss traffic signals, and otherwise create hazards that others are unprepared to handle. When a driver’s behavior results in a rubbernecking accident, they may be held liable for the injuries and damages that occur.
A driver distracted by a collision may be deemed negligent in court. Negligence is present when a defendant breaches their duty to act reasonably given the situation, causing another person’s injuries and resulting damages. Drivers are expected to keep their eyes on the road and drive in a safe manner to avoid posing risks to others. A driver who slows down or misses a light due to distraction, leading to a crash, likely will be found negligent. A plaintiff injured in a rubbernecking accident may be awarded compensation for medical costs, loss of wages, pain and suffering, and property damage.
If more than one party was negligent, the damages award may be distributed in accordance with each party’s degree of fault. Under Florida’s pure comparative fault theory of liability, even if a victim is found to have acted negligently, they may still receive compensation in proportion to the percentage of liability assigned to the defendant. Additionally, victims have three years from the date of the accident during which to file a personal injury claim. Time is important in these lawsuits, since evidence must be collected, witnesses must be contacted, and expert testimony as well as accident reconstruction analysis may need to be compiled to determine the factors that caused an accident.Seek Representation from a Knowledgeable Miami Attorney
Victims may sustain significant injuries in a rubbernecking accident. Often, these crashes involve more than one vehicle, making legal action more complicated. The Miami lawyers at the Law Offices have many years of experience pursuing complex cases and are dedicated to helping injured people seek the compensation that they deserve. If you or a loved one has been injured in a crash, call (877) 499-4878 or contact us online for a free consultation. Our motor vehicle collisions assist victims in Miami, Fort Lauderdale, West Palm Beach, and other areas of Miami-Dade, Broward, and Palm Beach Counties.