Passing another vehicle is a common practice on the road, since drivers are allowed, within reason, to travel at their own speed. However, improper passing maneuvers are also all too common on South Florida roadways, and these actions may be dangerous. If you have been hurt in a crash caused by improper passing, the Miami car accident attorneys at the Law Offices of Robert Dixon can help you pursue a claim. Our firm assists victims in seeking proper compensation for injuries caused by the negligence of others.
Establishing Liability for an Improper Passing AccidentWhen passing another vehicle on the road, drivers are required to make sure that there is enough space to do so safely. They are also required to use turn signals when passing to let others know of their intentions. Certain passes are considered illegal and may lead to traffic citations in Florida. For example, a blind pass happens when the passing driver does not have a complete view of oncoming traffic, such as when the driver is traveling over a hill or around a sharp curve in the road. A pass that puts other vehicles in danger is also illegal. Generally, passing another vehicle on its right side is forbidden as well. Drivers wishing to pass bicyclists must maintain at least three feet between their vehicle and the bicycle. In addition to traffic citations, liability for an accident may result when a driver engages in such dangerous behavior behind the wheel.
People who participate in reckless passing maneuvers and cause accidents can and should be held liable for the harm that they cause in a personal injury lawsuit. When pursuing damages, a victim must typically establish that the defendant was negligent. To show negligence, a plaintiff needs to prove that the defendant’s actions constituted a breach of his or her duty to act as a reasonable and prudent driver would behave under similar circumstances. The next step consists of showing that the victim’s injuries were a proximate result of the breach. Also, reasonably quantifiable damages must have arisen from the crash.
A driver who passes another vehicle illegally, causing an accident, likely will be found to have acted negligently. Although a citation for improper passing does not give rise to automatic liability, it may be useful evidence to show careless behavior. As a result, it is important to make sure that the proper authorities are contacted at the scene of an accident, after first receiving appropriate medical attention for any injuries. Damages that may be available to victims injured in an improper passing crash include medical costs, both past and future, as well as lost income, loss of earning capacity, and pain and suffering.
Seek Guidance from a Miami Attorney After a Car AccidentWhen dangerous actions cause serious injuries, careless drivers should be held responsible. The Miami car accident lawyers at the Law Offices of Robert Dixon assist victims in asserting their legal rights. Call 877.499.4878 or contact us online for a free, no-obligation consultation to see how we may assist you. Our motor vehicle collision attorneys also represent residents of Miami, West Palm Beach, and other cities across Miami-Dade, Broward, and Palm Beach Counties.