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Ocala and Central Florida Personal Injury Law Blog

What is comparative negligence?

The legal concept of negligence is a complex one. Generally, negligence is considered the failure of a person to fulfill their duty of care to a second individual and the injury of the second individual caused by the negligent party's breach of their duty. Florida recognizes negligence as a basis for a personal injury claim and requires victims to prove the elements of negligence to recover their damages.

However, when a personal injury accident victim sues the party that caused their harm based on negligence, the allegedly responsible party may claim that the victim was also negligent in the occurrence of the accident. When a victim is also negligent at the time of their accident and contributes to the situation that caused their injury, they may be partially held to blame for their losses.

Elderly travelers in Florida at risk because of driver negligence

Whether you're a Florida resident over age 65 who often travels as a passenger in a loved one's vehicle, takes a shuttle bus from a condominium complex or assisted living facility or still gets behind the wheel to drive, safety often hinges upon the actions of other motorists nearby. You may take some solace in the fact that every driver is legally obligated to adhere to traffic laws and safety regulations.

The problem is that, not all of them do. In fact, some motorists are downright reckless and think it's no big deal to drive at excessive speeds or accelerate to try to beat a yellow light. Other issues, such as consumption of alcohol or drugs, distractions in or out of a particular vehicle, or anger issues that result in road rage may be placing you at risk for serious injury as well.

Categorizing burn injuries based on severity

Burns are common injuries for Florida residents. Many members of the state's population have suffered sunburns from being outside for too long without protection, and others have accidentally touched hot surfaces with pads or other barriers to insulate them from the heat. Minor burns should be assessed and properly treated, but individuals who suffer serious burns may require long-term medical help to survive.

Burns are categorized based on the severity. For example, a first degree burn is a burn that only affects the top layer of a person's skin. These burns generally heal on their own without medical intervention. Second degree burns are more serious and penetrate into the dermis below the outer skin. These burns may blister, leave scars and be more painful than first degree burns.

Compensation for victims of premises liability accidents

Slips and falls, trips, stumbles, and other accidents where victims topple over surfaces and structures can be physically painful and financially burdensome when medical treatment is necessary. These accidents are often included in the area of personal injury law called premises liability because they are often tied to property or land conditions. In Florida and jurisdictions throughout the country, victims of premises liability accidents often can sue for the recovery of their losses.

Property owners often have a duty to maintain their land, homes, and other property in a condition that is safe for others. This is particularly true when they allow others to enter into or onto that property, or when they know that others enter their property without their permission. The failure of a property owner to maintain their residential, commercial, or land-based property in a safe and secure manner may result in their liability for others injuries when they are harmed therein.

Car accidents can cause damage to internal organs

Humans are incredible organisms that are capable of performing many tasks and activities. When a Florida resident truly thinks about all of the processes that their body can and does perform it is truly mind boggling. However, when accidents and injuries cause damage to the body, major systems can begin to malfunction and shut down. Car accidents are a common cause of serious injuries in humans and can inflict painful and even life-threatening harm on those afflicted.

One often forgotten form of injury that victims can suffer from car accidents is organ damage. Humans have many different vital organs inside of their torsos and abdomens, and when they are in car accidents these organs can be seriously damaged. Impacts from pulls on seat belts, hitting the steering wheel of the car, or getting thrown from a vehicle can all result in organ injuries.

What are hours of service regulations for truck drivers?

It is hard to do anything when a person is tired. When exhaustion sets in, it can take everything that a Florida resident has to keep their eyes open and finish the task that is in front of them. In some situations they may simply decide to stop and get some rest. When they are engaged in activities that do not have easy stopping points, they may choose to push on despite their fatigue.

One activity that individuals should not do when they are tired is drive. Driving requires focus, attention and the ability to react when changes occur. Tired drivers do not have the capacity to do these and other requirements of driving and, when tired drivers let their skills soften while behind the wheel, they can cause dangerous and even deadly collisions.

Drivers who are negligent place you at risk for these injuries

When you get behind the wheel of a car to drive to work, the store or even just to meet up with friends for a social occasion, you shouldn't have to be worried about the drivers who are sharing your roadway. You should be able to reasonably expect that anyone else who happens to be on the road and driving a car is going to adhere to traffic laws and safety regulations. In a perfect world, that would be the case all the time.

In reality, many drivers in Florida and elsewhere are grossly negligent. Such drivers are often distracted, perhaps intoxicated or under the influence of drugs, or downright reckless in their behavior, not caring whether they are placing themselves or others at risk. The sudden impact of a motor vehicle collision can be deadly. If you survive a crash, you are likely to suffer one or more of the injuries mentioned in this post, which is why it's always best to know where to seek support in case of an accident.

Actor suffers serious back injuries in car accident

Earlier this year this Florida-based personal injury blog posted an article on the serious harm that spinal cord injuries can cause to their victims. An injury to the spinal cord may result in paralysis, the loss of motor function and bodily system control and other major health issues. Not everyone who suffers a spinal cord injury fully recovers from their suffering and some may live their lives with permanent and disabling trauma.

Spinal cord injuries happen when the back suffers harm. The spinal column runs down the back of a human's body and is the protective layer of bone that surrounds the spinal cord. Muscles, tendons and a host of other types of connective tissue all help hold the back and spinal cord in place so that the whole body can move.

Are slip-and-fall accidents only an indoor problem?

It is almost inevitable that at some point in a Florida resident's life they will suffer a slip-and-fall accident. Sometimes these preventable accidents are self-inflicted: a person may leave something on the floor or on their steps and then step on it, causing them to fall and injure themselves. However, many slip-and-fall accidents are the fault of others, and when they are caused by another party's negligence the victim's losses may be recoverable.

Slip-and-fall accidents can happen in many different locations, both indoors and outdoors. When visiting a store or shopping at a market, a victim may slip and slide on wet floors or in aisles that are blocked by goods or packages. Unsecured floor coverings, poor lighting, and a host of other deficiencies may lead to dangerous indoor conditions that result in falls and injuries.

Inexperienced truck drivers are causing more accidents

Accidents involving semitrailers on Florida highways can cause severe, often fatal, injuries and extensive damage due to the overwhelming force caused by speed and the massive weight of the vehicles. A government study says a shortage of experienced drivers is causing new concerns.

The U.S. Department of Transportation (USDOT) survey highlights the role of inexperienced truck drivers in accidents involving semitrailers, which can weigh up to 80,000 pounds when fully loaded.

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