Call Now For A Free Consultation 24/7 (941) 954-1234

Factors To Consider About the Driver In An Auto Accident


No driver, motorcyclist, cyclist, or pedestrian ever thinks that an auto accident will happen to them. While it is best to keep safe on the road at all times, it is also good to be prepared in case an auto accident takes place.

In the United States, an average of 6 million car accidents occurs every year, with about half resulting in personal injuries. In Florida alone, there is an average of 400,000+ total crashes a year, with an average of 680,000+ number of drivers involved.

If you are involved in an auto accident, there are steps you must take at once, including seeking immediate medical attention and contacting a personal injury lawyer. You may also be asked to coordinate with the legal enforcement officers dispatched at the scene of the accident.

These officers will investigate the possible causes that may have led to the accident. There can be numerous reasons: some may not have been in the driver’s control (such as weather or road conditions) and others may have to do with the vehicle (such as auto defects or mechanical failures). In addition to the driver themselves, all of those factors have to be taken into account when evaluating accidents.

Since Florida implements a no-fault law, determining who is largely at fault in a car crash is imperative. There are driver-related factors that the parties involved, the law enforcers, and your attorney for injury must consider.

Listed below are some of the questions to ask—or points to ponder—about the driver/s involved in a car crash. You must properly and honestly discuss these things with a trusted auto accident lawyer for you to file a potential claim in case of an auto accident.

Did the other driver follow traffic rules?

People tend to violate even the most basic traffic rules, such as observing traffic lights or yielding at intersections. Running a traffic light or not coming to a full stop even with a sign present can cause a crash. Failing to yield right-of-way is the cause of 11.6% of fatal crashes and 17.32% of injury crashes in Florida.

Figuring out if there were traffic violations made is one of the first things that a law enforcement officer must do. You must be aware of possible traffic violations for you to know who may have been at fault.

Was the other driver speeding?

Most car accidents are directly caused by negligent drivers. Speeding is one of the most dangerous acts a driver can do on the road, and it is the reason for 6.61% of fatal crashes and 2.03% of injury crashes. States implement speed limits for safety, and yet many drivers are tempted to drive too fast without regard for road, traffic, or weather conditions. Speeding vehicles tend to worsen car collisions and increase the risk of injury or fatality. Speeding is a factor in approximately one-third of all traffic fatalities in the U.S.

What is the speed limit on the road where the accident occurred? How fast were the vehicles involved going at the time? In an auto accident, it helps to note these numbers.

Was the other driver distracted?

Distracted driving is a major form of recklessness when running a motor vehicle. About 1.6 million car crashes and nearly 330,000 injuries in the U. S. stem from the use of cellphones. Florida has banned texting while driving and considers it a primary offense. The law seeks to reduce, if not eliminate, the .39% of fatal crashes and 1.23% of injury crashes stemming from various forms of distracted driving in the state.

In auto accidents, it is vital to know if a driver has been texting, eating, drinking, talking to other people in the car, or was otherwise preoccupied with something else inside or outside the vehicle.

Was the other driver under the influence?

In Florida, a driver can be said to be driving under the influence (DUI) if they have a body alcohol concentration of 0.08% or higher or if they are under the influence of drugs, which include marijuana and prescription drugs. Alcohol and drugs, especially in high amounts, may cause impairment in driving and discerning ability and is the cause of 14.85% of fatal crashes and 1.81% of injury crashes.

Upon exiting the vehicle, being under the influence may or may not be immediately noticeable in a driver, but you must be vigilant in pointing this out and proving it when it causes an auto accident.

Michael J. Babboni's wide-ranging legal career is based on the strong belief that everyone should be treated fairly and have access to effective legal help. Michael began putting his beliefs in action by helping the people of St. Petersburg Florida get what they are owed in civil trials fighting to protect families by making corporations pay, and honor their obligations.

Factors To Consider About the Driver In An Auto Accident

Goldman Babboni Fernandez
Murphy & Walsh




Attorney Case Review
Get The Justice
You Deserve

Free Attorney Consultation

Law offices
Near you

Serving All Of Southwest Florida