Demystifying Auto Negligence in Florida: A Comprehensive Guide

When auto accidents happen, the damage suffered can be extensive. Common damages include property damage, personal injuries and lost wages. When someone else’s negligence causes an accident, the cost of a serious injury is hardly fair. Determining negligence in an auto accident can be tricky, but it is critical if you are seeking compensation for medical expenses, lost wages and more. At Thomas J. Ueberschaer, P.A., our team is happy to help with your case, and it all starts with a free consultation.

Unraveling Auto Negligence

Auto negligence occurs when a person behind the wheel of a vehicle does not exercise a proper duty of care toward others. While this may or may not lead to an accident, it always increases the risk of one happening. That is why you can file a civil suit against anyone who caused an accident that led to your injury if they were negligent. 

Driving carelessly, failing to obey the rules of the road and simply speeding can all be examples of negligence, leading to serious accidents with severe injuries and property damage. With help from Tom, you will be able to identify negligence and pursue a case for compensation if someone failed to provide you with the proper duty of care.

Auto Negligence and Fault Allocation in Florida

Florida utilizes a comparative negligence doctrine, which means that the amount of compensation you can receive is directly proportional to your percentage of fault for the accident. For example, imagine you sustained $100,000 worth of damages in an accident, including medical bills, lost wages, etc. If you are determined to be 10% at fault for the accident based on your own level of negligence, you will only be able to receive $90,000 of compensation at best. 

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Steps To Prove Auto Negligence in Florida

You must showcase four essential elements to demonstrate negligence in an auto accident case.

Duty of Care

Duty of care is the behavior people are expected to maintain when their actions affect others. For example, it is your duty of care to drive responsibly and not put other people on the road at risk.

Breach of Duty

When one breaches their duty of care, they violate the expectation that others are entitled to. These actions needlessly put other people at risk and often lead to accidents.


Even after you have established that the negligent party breached their duty of care, you must still demonstrate that their negligence directly caused the accident that occurred.


You will need evidence to demonstrate damages like medical expenses and lost wages, which are typically easy enough to show with medical records and pay stubs. However, connecting the damages to the accident can be surprisingly tricky unless you have a car accident lawyer like Tom.

The Role of an Attorney Post-Accident

In the aftermath of an accident, your attorney can help with your case and aid in pursuing compensation in more ways than you might think. Some of the most important include:

  • Investigating the claim
  • Gathering evidence
  • Interviewing witnesses
  • Calculating damages
  • Negotiating settlements

Tom has experience with all of these benefits and more, so you can feel confident with him by your side.

Hire a Car Accident Attorney

If you have been involved in a car accident, Thomas J. Ueberschaer, P.A., can handle the legal process for you while you focus on recovery. With his immense experience in car accident cases, you can rest easy knowing your case is in good hands. Contact us at 850-434-8778 or fill out our online contact form to get started.