Car accidents can be challenging and navigating their aftermath may feel devastating when human error is to blame. Injury LawStars specializes in personal injury cases and has demonstrated a deep understanding of car accidents caused by negligence. Our firm’s commitment focuses on helping victims seek justice and maximum compensation.

With our team of experienced attorneys, Injury LawStars offers tailor-made legal representation to match the circumstances of each claim. Our seasoned attorneys use their knowledge and compassion so that each client feels supported throughout their claims process. This approach highlights Injury LawStars’ allegiance to advocacy and merit in personal injury law.

Car Accidents and Their Causes

A study conducted by Indiana University found that human error was the primary contributor to 93 percent of collisions. The most common human errors that contributed to car crashes were:

• Inattentiveness (distracted driving)
• Speeding
• Failure to pay attention and low hazard awareness

Human Errors Are a Leading Cause of Car Accidents

Everyday mistakes can morph into catastrophic consequences when motor vehicles are involved. Our firm has seen common errors like failing to break soon enough and then slamming on the brakes contribute to horrifying accidents. 

Here are some of the top human errors that lead to accidents and devastating injuries: 

• Failure to wear a seatbelt
• Excessive speeding 
• Distracted driving, eating, drinking, smoking, radio, and operating a cell phone
• Drowsy driving
• Making false assumptions about other drivers
• Following too closely/tailgating
• Not checking both ways in traffic

The Insurance Information Institute (III) led a study that analyzed the percentages of human error-caused traffic collisions and found:

• Three percent of accidents were caused by over-steering
• 7.3 percent of crashes were caused by carelessness
• 6.8 percent of wrecks were caused by failure to yield the right-of-way

Read on for a better understanding of the causes of car accidents and how a Florida car accident attorney can be useful in your claim. 

Statistics on Car Accidents Caused by Human Errors

The Washington Post found in 2019 that since the year 2000, more Americans have died in car crashes than in both world wars combined. Motor vehicle crashes are the leading cause of death among teenagers and result in hundreds of thousands of long-term disabilities every year.

A 2016 study by the National Highway Transportation Safety Administration (NHTSA) found that human error accounts for 94%-96% of all auto accidents. The Injury LawStars understand that each driver has a duty of care to other travelers, and can be held liable when they break that duty. 

Common Human Errors Contributing to Car Accidents

Speeding

It is fairly common to speed but doing so gives drivers less time to react and avoid hazards in adverse conditions. 19.1 percent of crashes are due to speeding or driving too fast for road or weather conditions. Accidents caused by speeding are often preventable and those who cause them can be held responsible for the damages they cause. 

Reckless Driving

Aggressively speeding, tailgating, making sharp turns, running traffic lights, and other illegal or dangerous passing maneuvers are a leading cause of preventable accidents. Reckless drivers endanger all travelers and Injury LawStars can hold these types of drivers responsible for their negligent driving behavior. 

Distracted Driving

Motorists have always had distractions, but mobile devices have elevated distractions behind the wheel. If a driver is manually, visually, and cognitively distracted, this can lead to a serious car crash. 5.5 percent of crashes happen because of distracted driving.

Driving Under the Influence

Driving while intoxicated significantly boosts the chances of getting into a devastating accident. Alcohol and drugs can slow your reaction times, or cause you to disregard traffic laws. 11.6 percent of all collisions involve alcohol or drugs/

Drowsy Driving

Two percent of collisions are due to fatigued driving. The National Sleep Foundation found that nearly half of all Americans have driven drowsy, and 20% have fallen asleep behind the wheel in the past year. 

Legal Implications of Human Error Car Accidents

All parties involved have legal rights when involved in a personal injury claim. Victims have the right to file a claim with their own insurance company or the other party’s insurance company. Everyone involved has the right to seek legal representation and to dispute the insurance company’s decision. 

However, with certain rights come certain legal responsibilities. Drivers are responsible for

reporting the collision to the police and their insurance company, providing accurate information, and cooperating with the claims process. Failing to do so could mean compensation denials, penalties, and additional legal claims. Speak with the Clermont car accident attorneys at Injury LawStars about the legal implications of your accident today. 

How Injury LawStars Represents Accident Victims

Our attorney’s primary role in representing accident victims is to deliver sound legal recommendations and represent the victim’s best interests throughout the process. Injury LawStars accomplishes this by:

• Evaluating your case’s merit, circumstances, and evidence
• Managing your claim for accurate information and realistic outcomes
• Representing your rights in negotiations and legal proceedings with insurers and in court
• Coaching victims on how to respond, protect their interests, and recover just compensation

Our personal injury attorneys in Clermont work on a contingency fee basis, meaning you don’t have any up-front costs or owe attorneys’ fees unless we recover compensation in your case. It can be hard to deal with insurers, that’s why we’ll advocate on your behalf and ensure your rights are protected. 

Steps To Take after a Car Accident Caused by Human Error

After a car accident, it is important to remain calm, get the help you require, and follow a sound strategy. Injury LawStars always recommends the following when your accident was caused by the negligence of another party: 

• Seek medical care and record your results
• Check the conditions of other travelers and parties involved in the accident
• Call and inform the police and be sure to get a copy of the accident report
• Keep calm and avoid heated exchanges or admitting fault
• Provide all of the necessary and important details
• Inform your insurance provider
• Document your medical treatment journey
• Get your property damages evaluated
• Contact a personal injury attorney for a free consultation

These steps will help you to avoid costly mistakes.  Your Florida car accident injury attorney can help you obtain sufficient compensation by taking the right actions. Nothing is guaranteed but Injury LawStars will use their knowledge and resources to recover the maximum compensation available to you. 

Seeking Damage Compensation

The following three types of damages you’ve suffered in a car accident determine what your claim is worth: 

Economic Damages

Economic damages cover the measurable costs you have incurred and these can include

• Medical bills from the past, present, and future directly related to the incident.
• Lost wages and benefits and also future wages you cannot earn as a result of the crash
• Related economic losses, wages that are lost due to a need to care for you, transportation costs, and the costs of in-home treatment 

Non-Economic Damages

Florida law allows you to seek compensation for the intangible losses that you’ve suffered in your accident. Non-economic damages can be harder to quantify but they’re necessary because of how your daily life has been affected by the accident. These damages can include: 

• Physical pain and suffering
• Emotional pain or mental anguish
• Loss of consortium
• Loss of companionship
• Disfigurement or impairment
• Loss of enjoyment of life

Punitive Damages

Exemplary, or punitive damages, are awarded by a judge to punish and discourage malicious, fraudulent, or grossly negligent behaviors. Punitive damages are rarely awarded but are often justified when awarded in a car accident claim. 

Challenges in Proving Fault in Human Error Accidents

To win a civil law claim in Florida requires the establishment of the following four elements:

• Duty: The defendant owed a duty to the victim
• Breach: The defendant breached that duty
• Causation: The breach caused the injury
• Damages: The victim suffered damages 

Human errors are often caused by the negligence that occurs when someone fails to act with a reasonable level of care. In a collision, it may appear easy to prove who is at fault, however, some challenges to proving fault include:

• Limited or conflicting evidence
• Inconsistent witness statements
• Insufficient physical evidence 
• Assumption of risk, awareness, and consent

Comparative Negligence in Car Accidents with Human Error

If the victim made human errors and was careless, then their compensation can be reduced by the percentage of their fault for the accident in most states, Florida included. However, being partly at fault doesn’t mean you’re fully responsible, so it can benefit victims to speak with an injury law attorney about the specifics of your accident. Eyewitness testimonies, police reports, photo and video evidence, expert analysis, and more can be used to establish duty of care. Injury LawStars specializes in building sound claims for victims that explore all of the reasons they deserve compensation after being seriously injured.  

Importance of Consulting a Knowledgeable Attorney

Hiring a professional attorney could help give you the support you require while improving your odds of legal success. Without a skilled attorney, you put yourself in a compromising position. Injury LawStars has the experience and skills necessary to defend your rights and negotiate for a settlement on your behalf.

---