Driver Duty

Every Miami driver has a duty to operate their vehicle safely and responsibly. Wolfson & Leon’s Miami car accident lawyers explain Florida’s driver duty laws, negligence, and how comparative fault affects your right to compensation after a crash.

Understanding Driver Duty and Negligence in Miami Car Accidents

When you drive through Miami’s busy streets—from Biscayne Boulevard to US-1, I-95, or Flagler Street—you’re sharing the road with thousands of others. Each driver is legally obligated to operate their vehicle with care to prevent harm. When that duty is breached, serious accidents occur.

Since 1963, Wolfson & Leon has represented injured victims throughout South Florida. Our Miami car accident lawyers fight for people hurt by negligent drivers. Call (305) 285-1115 for a free consultation today. We charge no fees unless we win.

What Is a Driver’s Duty of Care in Florida?

Driving is a privilege that comes with legal responsibility. Under Florida law, drivers must operate their vehicles in a reasonable and prudent manner to avoid causing harm to others. This includes:

• Following traffic laws and posted speed limits
• Keeping a proper lookout for pedestrians and bicyclists
• Using turn signals and headlights appropriately
• Maintaining a safe distance from other vehicles
• Adjusting for weather, traffic, and road conditions

This duty is grounded in Chapter 316 of the Florida Statutes, which establishes the state’s traffic safety rules. Violating these laws may be considered evidence of negligence if it leads to an accident.

What Does It Mean to Be a Negligent Driver?

Negligence occurs when a driver fails to act with reasonable care. The standard used by courts is whether a “reasonable and prudent person” would have behaved differently in similar circumstances.

Examples of negligent driving include:

• Texting or distracted driving
• Speeding or tailgating
• Failing to yield or obey traffic signals
• Driving while fatigued or impaired
• Not using headlights or signals properly

When drivers act carelessly, they endanger everyone around them—from other motorists to cyclists and pedestrians in places like Brickell, Miami Beach, Kendall and Downtown Miami.

Reckless Driving and the Emergency Doctrine

Some conduct goes beyond ordinary negligence and becomes reckless driving—a willful disregard for the safety of others. Driving 30 mph over the limit on I-95 or weaving through traffic on I-195 or I-395 are examples of reckless behavior that can lead to catastrophic injuries.

Florida law also recognizes the “emergency doctrine.” This legal principle accounts for situations when a driver faces a sudden, unexpected emergency—such as a child darting into the street or a car losing control nearby. In these cases, drivers are judged by a lower standard of care, recognizing that they had little time to react.

Proving Negligence in a Miami Car Accident

To recover compensation, your lawyer must prove that the other driver breached their duty of care and caused your injuries. Evidence often includes:

• Police reports and traffic citations
• Witness statements
• Traffic camera or dashcam footage
• Expert accident reconstruction
• Medical records linking injuries to the crash

Violating a traffic statute isn’t automatically negligence, but it is strong evidence that the driver failed to meet their legal duty.

Florida’s Updated Comparative Negligence Law (2023)

Until 2023, Florida followed a pure comparative negligence system, which allowed victims to recover damages even if they were mostly at fault. However, the March 2023 tort reform (HB 837) introduced a modified comparative negligence rule. It can be found in Florida Statute 768.81.

Here’s What That Means:

• If you are 50% or less at fault, you can still recover damages.
• If you are more than 50% at fault, you cannot recover compensation.

For example, if you were hit on South Dixie Highway and found 30% at fault for speeding, your total recovery would be reduced by 30%. But if you were 60% responsible, you would be barred from recovery.

This change makes it critical to have an experienced lawyer challenge any inflated fault claims from insurance companies.

Common Injuries in Driver Negligence Cases

Driver negligence can cause devastating injuries, including:

• Whiplash and soft tissue injuries
• Broken bones and fractures
• Spinal cord injuries and paralysis
• Traumatic brain injuries (TBIs)
• Internal organ damage and bleeding

These injuries often require long-term care and can lead to financial hardship. The Miami car accident lawyers at Wolfson & Leon pursue full compensation for your medical expenses, lost wages, and pain and suffering.

Why You Need a Miami Car Accident Lawyer

Insurance companies often try to minimize or deny valid claims. Having an experienced attorney ensures your rights are protected.

At Wolfson & Leon, we:

• Investigate every aspect of your crash
• Gather evidence and expert testimony
• Handle insurer negotiations
• File lawsuits if necessary to secure full compensation

We work on a contingency fee—you pay nothing unless we win your case.

Frequently Asked Questions About Driver Negligence

Get Help from a Miami Car Accident Lawyer Today

If a careless or reckless driver injured you or someone you love, you don’t have to face it alone. The Miami car accident attorneys at Wolfson & Leon will fight for the justice and compensation you deserve.Call (305) 285-1115 for your free consultation today.