Negligent & Reckless Drivers
Negligent Drivers
The vast majority of all automobile accidents are caused by negligent drivers. Most crashes occur because a driver is distracted. Fatigue, talking on a cell phone or to a passenger in the vehicle, text messaging, changing the radio station, or tending to children in the back seat can cause drivers to become distracted. According to a recent study by the National Highway Traffic Safety Administration (NHTSA) and the Virginia Tech Transportation Institute (VTII), 80% of all automobile accidents are caused by distracted drivers.
Automobile accidents are generally litigated using the law of negligence. A person who negligently operates a vehicle may be required to pay damages caused by his or her negligence. Generally people who operate automobiles must exercise “reasonable care under the circumstances.” Failure to use reasonable care is the basis in most lawsuits for damages caused by an automobile accident.
Courts look to a number of factors in determining whether a driver was negligent. Some examples of these factors include, but are not limited to, the following:
- Driving too fast or too slow for the conditions
- Driving under the influence of drugs or alcohol
- Failing to signal while turning
- Disregarding weather or traffic conditions
- Disobeying traffic signs or signals
- Failing to drive on the right side of the road
Reckless Drivers
A driver may also be liable for an accident caused by intentional or reckless conduct. A driver who is reckless is one who drives unsafely, with willful and wanton disregard for the probability that the driving may cause an accident.
Driving Under the Influence of Drugs or Alcohol (DUI)
Driving under the influence of drugs or alcohol, also called driving while impaired, driving while intoxicated, and drunk driving, is responsible for scores of traffic fatalities and injuries each year. According to National Highway Transportation Safety Administration (NHTSA) statistics, alcohol-related crashes were to blame for 12,998 deaths and half a million injuries in 2007 alone. Of these deaths, 2,022 were children under the age of 16 years of age.
Injury or death caused by a drunk driver is perhaps the most anger-provoking of all personal injury cases. At Lucas, Green & Magazine, we aggressively pursue claims against irresponsible drinkers who injure or kill innocent victims after getting behind the wheel, as well as the bars, nightclubs, restaurants, and other social hosts who improperly over serve them. Although the law can never replace a loved one, it does provide a means of recovery for victims. Victims can sue the drunk driver under general laws of negligence, but often the drunk driver is either uninsured or underinsured and has few, if any, assets to pay damages for the injuries caused to innocent victims.
However, even if the drunk driver is unable to cover the cost of your injuries, there may be a way to pursue recovery from the person or entity that provided the alcoholic beverages to the drunk driver. People who serve alcoholic beverages may be liable under Florida law for damages resulting from serving too much alcohol to patrons or guests. If you or a loved one has been injured in an automobile accident that was caused by a drunk driver, contact the experienced attorneys at Lucas, Green & Magazine. We will uncover all possible liable parties to get you the compensation you deserve.
Speeding
Speeding is one of the most prevalent factors contributing to traffic accidents in the United States. The economic cost to society of speeding-related crashes is estimated by the NHTSA to be $40.4 billion per year. In 2005, speeding was a contributing factor in 30% of all fatal crashes, and 13,113 lives were lost in speeding-related crashes. We use every means available to prove negligence on the part of a speeding driver in order to obtain the highest monetary reward for our clients. Under Florida law, all motorists are required to drive at a speed that is reasonable or prudent.
Any speed in excess of the following speeds is evidence of unreasonable driving:
- 20 mph approaching a school crossing
- 30 mph in a business or residential district
- 70 mph on limited access highways
- 55 mph in all other locations, unless otherwise posted
In general, motor vehicle crashes cost society an estimated $7,300 per second. The total economic cost of crashes was estimated at $230.6 billion in 2000. The 2005 costs of speeding-related crashes was estimated to be $40.4 billion - $76,865 per minute or $1,281 per second.
Speeding reduces a driver’s ability to steer safely around curves or objects in the roadway, extends the distance necessary to stop a vehicle, and increases the distance a vehicle travels while the driver reacts to a dangerous situation. For drivers involved in fatal crashes, young males are the most likely to be speeding. The relative proportion of speeding-related crashes to all crashes decreases with increasing driver age. In 2005, 38% of the male drivers 15 to 20 years old who were involved in fatal crashes were speeding at the time of the crash. Further, alcohol and speeding seem to go hand in hand. In 2005, 25% of the speeding drivers under 21 years old who were involved in fatal crashes were also intoxicated. For drivers between 21 and 24 years of age who were involved in fatal crashes in 2005, 50% of speeding drivers were intoxicated, compared with only 24% of nonspeeding drivers. Alcohol and speeding are clearly a deadly combination.
In 2005, 34% of all motorcyclists involved in fatal crashes were speeding, compared to 22% for passenger car drivers, 18% for light-truck drivers, and 7% for large-truck drivers. In 2005, only 49% of speeding passenger vehicle drivers under 21 years old who were involved in fatal crashes were wearing safety belts at the time of the crash. In contrast, 67% of nonspeeding drivers in the same age group were restrained. For drivers 21 years and older, the percentage of speeding drivers involved in fatal crashes who were using restraints at the time of the crash was 43%, but 72% of nonspeeding drivers in fatal crashes were restrained.
The Automobile Accident information offered by greater Tampa Bay area Automobile Accident Lawyers and contained herein, regarding Automobile Accident statutes and Pasco, Pinellas, and Hillsborough County, Florida Automobile Accident claimants' rights, is general in scope. No greater Tampa Bay area Auto Accident attorney / client relationship with our greater Tampa Bay area Automobile Accident attorneys is hereby formed nor is the information herein intended as formal legal advice. See terms of use. Please contact Pasco, Pinellas, and Hillsborough County Automobile Accident Lawyers at 1-800-4-INJURY regarding your specific inquiry if you are injured in Dade City, City of New Port Richey, City of Port Richey, City of San Antonio, Town of St. Leo, Zephyrhills, Bayonet Point, Beacon Square, Blanton, Crystal Springs, Dade City North, Elfers, Holiday, Hudson, Jasmine Estates, Lacoochee, Land O' Lakes, New Port Richey East, Odessa, Saint Joseph, Shady Hills, Trinity, Wesley Chapel, Wesley Chapel South, Zephyrhills North, Zephyrhills South, Zephyrhills West, Belleair, Belleair Beach, Belleair Bluffs, Belleair Shore, Clearwater, Dunedin, Gulfport, Indian Rocks Beach, Indian Shores, Kenneth City, Largo, Madeira Beach, North Redington Beach, Oldsmar, Pinellas Park, Redington Beach, Redington Shores, Safety Harbor, Seminole, South Pasadena, Pete Beach, St. Petersburg, Tarpon Springs and Treasure Island, Florida. |
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