- Deep lacerations or cuts, which may lead to permanent disfigurement;
- Severed limbs, if the glass breaks in pieces large enough to cut through tissue and bone; and
- Shock or other types of psychological trauma.
A careless driver, as well as the manufacturer of a vehicle or part, can possibly be held accountable for damages in a personal injury lawsuit. This type of claim usually rests on the legal theory of negligence. To show that a defendant acted negligently, the victim must prove that he or she was owed a duty of care and that this duty was breached by the defendant’s actions. The victim must also prove that the defendant’s breach caused the injuries and resulted in actual damages. For instance, a passenger might pursue a claim against a driver who failed to fix a notable crack in his windshield, if it later shattered on impact.
In Florida, even drivers who are found partly at fault for an accident may still be able to recover damages from other responsible parties. Florida is a pure comparative fault state, meaning that damages are awarded in proportion to each party’s degree of responsibility. Therefore, a driver who is found to be 35 percent at fault for an accident may still collect up to 65 percent of his or her damages from another responsible party. Once fault is determined, a victim may recover damages for pain and suffering, past and future medical expenses, loss of income and earning capacity, and property damage.Consult a Knowledgeable Miami Lawyer after a Motor Vehicle Collision
People who have been harmed by a shattered windshield may have rights to assert. The injury attorneys at the Law Offices of Robert Dixon can assist Miami residents and other individuals in taking legal action. We understand the difficulty that victims face in recovering from their injuries following an accident, and we are dedicated to making sure that their legal rights are protected while they focus on getting well. Call 877.499.4878 or contact us online for a free, no-obligation consultation. We also represent injured people in Fort Lauderdale as well as other cities across Broward, Palm Beach, and Miami-Dade Counties.