Negligence is the foundation of most car accident lawsuits in Florida. But what does that really mean? And how does your lawyer prove it? If you’re recovering from an accident, you’re probably not focused on legal definitions—you just want justice. That’s where a Florida car accident attorney steps in.
Negligence means someone failed to act with reasonable care, and as a result, someone else got hurt. Simple in theory—but proving it in court or to an insurance company takes more than pointing fingers.
The Four Elements of Negligence
To win your case, your attorney needs to show four key things:
1. Duty of Care
Every driver has a legal duty to follow traffic laws and drive safely. That’s the easy part.
2. Breach of Duty
This is where your car accident attorney must show that the other driver didn’t meet that responsibility—maybe they were texting, speeding, running a red light, or driving recklessly.
3. Causation
It’s not enough that the other driver was careless. Your attorney must prove that their behavior directly caused the crash and your injuries.
4. Damages
Finally, there has to be a measurable loss—like medical bills, lost income, or pain and suffering.
Gathering the Right Evidence
Your car accident attorney will use multiple tools to prove these points:
- Police reports
- Witness statements
- Surveillance or dashcam footage
- Medical records and expert opinions
- Accident reconstruction experts, if needed
They’ll also anticipate the other side’s arguments—like blaming you or claiming your injuries were pre-existing—and prepare to counter them.
Why Florida’s Comparative Fault Law Matters
Florida uses a “modified comparative negligence” system. That means if you’re found partially at fault, your compensation may be reduced. If you’re more than 50% at fault, you can’t recover at all. That’s another reason your attorney must build a clear, well-documented case.
Call a Florida Car Accident Attorney Who Knows How to Prove Negligence
Proving negligence isn’t about guesswork—it’s about facts, strategy, and experience. Attorney Kevin Sullivan knows what it takes to hold the right people accountable and get you the compensation you deserve.
Call (813) 598-4868 today to speak with a dedicated car accident attorney who knows how to fight and win in Florida.
This post was written by a professional at Kevin L. Sullivan II. Attorney Kevin L. Sullivan II is your zephyrhills accident lawyer and the best personal injury attorney near you for LeavenLaw. Kevin is proud to serve Florida accident victims that have been injured in auto accidents, motorcycle accident, slip and falls or have suffered any other type of injury caused by negligence. Kevin offers a FREE no-obligation consultation to discuss your claim. There are NO upfront fees or costs and if he does not collect for you, you do not owe him anything.
