Legal Question in Personal Injury in Florida

Hi, my mother got into a car accident today. Someone was speeding and hit her car in the middle if an intersection. My mother was driving carefully and looked both ways before she continued. Thats when another car was speeding behond 40 mph (the speed limit was 12) and hit my mothers car. Now is it her fault? What does the law say about this?


Asked on 4/21/11, 6:16 pm

3 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

sounds like it was the other person's fault. however, if she should have seen the other car and pulled into the intersection, then she could bear some responsibility as well.

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Answered on 4/21/11, 6:22 pm
Ruth Johnson Law Office of Ruth E. Johnson

From the facts stated in your question, it appears to be the other person's negligence that was at fault for the accident. This is a very specific and fact intensive legal question and really cannot accurately be addressed in a simple forum such as this one.

Did a police office write a ticket to either party? Were injuries sustained? Did your mother stop/yield at the intersection as required?

I suggest you speak to an injury lawyer in your area to get more insight as to liability in this matter.

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Answered on 4/22/11, 4:05 am

Florida is a Comparative Negligence state. This means that more than one party can be at fault for an accident. It is broken down by percentage of fault. The way to figure it out is to analyze the totality of the circumstances (i.e. speeding, violating a STOP sign, etc...), which will give you a better idea of who was at fault. I hope your mom is ok. Good luck.

Jos� A Negroni, Esq.

Negroni Law Group, LLC

1-877-321-6115

www.FloridaInjured.com

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Answered on 4/22/11, 6:09 am


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