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HOW CAUSATION CAN BE ESTABLISHED AFTER A SOUTH FLORIDA CAR ACCIDENT

Before any plaintiff can be able to fully recover financially from a car accident in South Florida, it is important to understand that there are several elements that must be established. Causation is one of the key elements that should be considered. In order to effectively prove that the conduct of the defendant was the proximate (legal) cause of their injuries, the causation element will be required.

However, it is the responsibility of a jury to determine if the proximate cause was as a result of a defendant’s actions. As a matter of law, a court may choose to conduct a summary judgment proceeding to determine the existence of the proximate cause. The main objective here is to determine whether the actions of the defendant contributed to the plaintiff’s injuries.

So, it doesn’t really matter who decides the proximate cause – jury or judge – as it doesn’t really have to be the sole cause of an accident. Recently, a car accident victim’s case was dismissed by a state court, thanks to its causation analysis.

The personal injury case

While journeying westbound, the plaintiff attempted to cross two eastbound lanes of traffic and had to make a left turn into a parking lot. But the plaintiff was unable to have a clear view of the second eastbound lane because a red light had caused traffic on the center most eastbound lane at the time.

To this end, the plaintiff tried to slowly position to make the turn. After checking his mirrors, the defendant who was in the centermost eastbound lane waiting in line for the red light signaled plaintiff to complete the turn when he discovered that he was planning to make a left turn right before him. Before attempt to cross the other eastbound lane, the plaintiff took a careful look around the defendant’s vehicle and lurched forward slowly. Unfortunately, the plaintiff’s vehicle was stuck not long after he entered the lane by another approaching motorist.

Through the help of a Florida injury attorney, a personal injury lawsuit was filed by the plaintiff against the defendant. According to him, the defendant’s action was responsible for the accident. He argued that the defendant waved him on to complete the turn at a time when it was outright unsafe to perform such action.

But the court dismissed the case by stating that it was the ultimate responsibility of the plaintiff to ensure that the eastbound lanes were safe for the plaintiff to enter. Also, the fact that the plaintiff entered the lanes slowly is a clear indication that the actions of the defendant were faultless.

You need a dedicated Florida injury attorney to help press charges for you particularly if you or your loved one has been recently involved in a South Florida car accident.


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