MOTOR VEHICLE ACCIDENT NEGLIGENCE
Most people will have the unfortunate experience of one or more motor vehicle accidents in their lifetime. Defending claims requires substantial legal skill for those allegedly liable for personal injury, wrongful death, and property damage claims. Compensatory settlements and awards from insurance carriers and the insured are based on many factors. Seeking an experienced insurance defense trial attorney’s counsel and representation is the best defensive line to mitigate or dismiss unreasonable or unwarranted claims brought by a plaintiff.
Motor vehicle accident claims are based on the legal theory of negligence. There are many causes of motor vehicle accidents. Some are driver error, distractions, driving under the influence, road rage, speeding, failure to maintain a vehicle properly, and road defects. Other causes are inadequate signage or design of a roadway, product liability in the vehicle’s manufacturing, or the vehicle’s design.
The Elements of a Negligence Claim in a Motor Vehicle Accident:
-
A duty of care is a legal obligation imposed on a driver to adhere to safety standards and state laws when operating a vehicle.
-
A breach of duty is a violation of the safety laws that a reasonable, prudent person would abide by in similar circumstances.
-
Causation is the direct relationship between the defendant’s actions and the resulting damages.
-
Actual damages are the losses incurred from bodily injury, wrongful death, or property damages.
In the event of a motor vehicle accident, no matter how minor or severe, it is vital to contact an experienced law firm to protect your interests. Our insurance defense attorneys can provide the necessary skills to successfully defend against claims through trial.
Buchanan & Buchanan, P.A. has more than 100 Years of Experience in Insurance Defense Litigation
We represent insurance companies, as well as the insured and self-insured entities in State and Federal courts throughout Florida. Immediately after an accident, we begin a comprehensive investigation to gather and preserve evidence. Some of our efforts include interviewing witnesses and utilizing accident reconstruction and medical experts to analyze the causes and damages incurred due to the accident. Multi-vehicle accidents are complex, involving several insurance carriers, multiple injured parties, fatalities, and probable extensive property damage.
Proven Defense Strategies for Every Case
Many motor vehicle accidents have an element of comparative negligence. Proving the plaintiff has partial responsibility for an accident can proportionally reduce the defendant’s liability for damages. Pre-existing conditions of the plaintiff can mitigate bodily injury damages by negating the full liability of the defendant. There are sudden emergencies, causing a defendant to act in an unreasonable manner that may reduce or dismiss their liability. Claims are dismissed if they are filed past the statute of limitations. There are various other defenses based on the unique facts of each case.
We Vigorously Pursue every Avenue of Defense for our Clients
At Buchanan & Buchanan, P.A., we believe in meticulous attention to detail and consistent strategic dialogue with our clients. We work in close collaboration with insurance companies and the insured to review all options in defending personal injury, property damage, no-fault, and subrogation claims. We are also available to provide risk assessments.