What is Negligence & How a Tampa Car Accident Lawyer Uses it in a Personal Injury Case

Whenever a car accident causes injuries in the Tampa, Florida area, one of the first questions that needs to be answered is whether or not negligence caused the accident.

Legally speaking, negligence is the failure to use reasonable care, defined as the level of care that you could expect from a reasonably careful person in the same circumstances. The failure to use reasonable care can be viewed in two different ways—either by not doing something that a reasonably careful person would do, or by doing something that a reasonably careful person would never do. For instance, if you were traveling down I-275 in Tampa, as a reasonably careful person you would not agree to street race the car next to you at speeds of more than 100 miles per hour. Likewise, if you were driving on Hillsborough Avenue during a severe afternoon thunderstorm, as a reasonably careful person you would likely adjust to conditions by reducing your speed by 10, 20, or 30 mph.

For anyone injured in a Tampa, Florida area car accident, negligence could be a key issue for their Tampa car accident lawyer to prove, especially if the case goes to trial before a jury. First, negligence is important because it establishes fault in the accident, and therefore also establishes who is responsible for paying costs related to the injuries suffered in the accident. Second, if it is found that "gross negligence" occurred in the accident, the negligent party also could be required to pay punitive damages.

To speak to a Tampa personal injury law firm that has the resources and experience needed to legally analyze issues of negligence in your car accident, contact the Law Offices of Dale Appell, P.A. for a free initial consultation about your case.