Causation In Florida Commercial Vehicle Accident Cases

In Florida, most accident cases filed against a Florida commercial driver are filed under the legal theory of negligence, which holds a person or entity liable if they breach the duty of care owed to another person or entity. Establishing negligence in this type of case requires a showing of multiple factors, one of which is called causation. It is absolutely imperative to understand the nature of causation in this type of case, because it can make the difference between a finding of liability and a negligent party escaping consequences.

One Part Of Negligence

In order to show that a person or entity was negligent under Florida law, a plaintiff’s attorney must establish certain factors to the satisfaction of the court. Those factors are:

• The existence of a duty of care between the plaintiff and defendant, or between the classes of people they belong to – for example, drivers in Florida owe a duty of care toward other drivers and other road users like bicyclists, and in road accidents, it is quite common for plaintiff and defendant to both be driving motor vehicles;
• A breach of that duty of care – in these cases, usually the accident itself;
• Tangible injury to the plaintiff, though this does not necessarily mean visible injury, given that some conditions like whiplash may manifest themselves days or even weeks after the crash; and
• A showing that the defendant’s actions (or lack thereof) were the direct cause of the plaintiff’s injuries, without any intervening factor.

All four of these factors must be proven in order to find a defendant liable, but causation is perhaps the most crucial. Without a direct link between plaintiff and defendant, a finding for the plaintiff is unlikely, and establishing causation is the simplest way to create that link.

Without Causation, No Liability

In Florida and many other states, a finding of causation has two separate parts. The first is known as ‘but-for’ causation, and often, it is fairly straightforward to determine: “but for” the defendant’s actions, would the accident have occurred? If, for example, the defendant commercial vehicle had not run a red light, would it have collided with the plaintiff’s car? Sometimes, answering this question is more complex, particularly when more defendants are involved, but sometimes the determination is simple enough.

The second part of finding causation in Florida is known as proximate cause. Proximate cause basically measures foreseeability: in other words, whether or not the harm from the accident could have been foreseen. It is a general rule in law that no one may be found liable for harm that is unforeseeable – for example, that defendant commercial driver who ran a red light would be liable for the plaintiff’s injuries from the crash, but not for harm that came from a random lightning strike at the same moment. Both ‘but-for’ causation and proximate cause must be determined for a court to be satisfied.

Contact A Tampa Commercial Vehicle Accident Attorney

Even commercial vehicle drivers must abide by the rules of the road, and if they do not, the law is clear on how they may be found liable. If you have been in this type of crash, a Tampa commercial vehicle accident attorney from the Rinaldo Law Group may be able to help. Call our office today to schedule a consultation.