If you were injured by someone who failed to stop at a stop sign, you probably want to know if that person could be held liable in Florida. The quick answer is yes.
The experienced car accident attorneys at Werner, Hoffman, Greig & Garcia explain the details of liability in cases where a driver ignored a stop sign, so you can be prepared if this situation occurs.
Failing to Stop is a Violation of Traffic Laws
When a driver fails to stop at a stop sign in Florida, and causes a crash that leaves another person injured, they would be considered negligent in almost every instance. This is because failing to stop is a violation of our state’s traffic laws, and the legal doctrine of “negligence per se” often applies, which means the act itself is considered negligence. However, the final determination of fault is based on Florida’s modified comparative negligence law.
How Florida’s Modified Comparative Negligence Law Applies
Regardless of where you are driving in Florida, you are driving under a modified comparative negligence law. This legal system states that a plaintiff’s recovery would be reduced by their percentage of fault. Additionally, if the injured party is found to be more than 50 percent responsible for the collision, they would be barred from collecting compensation for damages. For example, when the plaintiff is determined to be 40 percent at fault and the individual who did not stop at the stop sign is found to be 60 percent at fault, the maximum settlement the plaintiff could collect is 60 percent.
How Fault is Determined in Florida
While most plaintiffs would consider the person who failed to stop at a stop sign to be 100 percent at fault, that is not always true. It is likely the defendant would be the primary cause of the accident, but if the plaintiff was also negligent, by speeding, distracted driving, or had faulty lights, they may also share a percentage of the blame. Investigators would look at the specific facts of the accident through police reports, eyewitness testimony, and potentially accident reconstruction to determine fault, including weather conditions or other traffic violations.
Consult with an Attorney Who Understands Negligence After Failing to Follow Stop Signs
Someone could certainly be negligent in an injury case if they failed to stop at a stop sign. If you find yourself in this situation, reach out to our personal injury attorneys at Werner, Hoffman, Greig & Garcia for quality legal advice. With more than 125 years of combined legal experience, we have what it takes to meet your legal needs, and because we operate on a contingency basis, you have nothing to lose when seeking help.
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About the Author
Adam Werner is a partner and practicing attorney at WHG. He specializes in personal injury cases, workers’ compensation claims, and veteran disability benefits. He routinely writes about personal injury and workers comp topics for the Werner, Hoffman, Greig & Garcia blog.
