A recreational vehicle (RV) refers to a motor vehicle or trailer equipped with a living space and amenities traditionally found in a home. These vehicles are sometimes called campers, motor homes, or travel-trailers as well. While RVs can vary in size, all of them are larger than an average car on the road. RV drivers are operating these huge vehicles like trucks, but they do not have to take any special driver training or possess a higher-level driver’s license, as truckers do. As a result, RV driver errors, such as sideswiping a car in the next lane, failing to stop in time, making too tight a turn, or failing to secure equipment on the top of the RV properly, are often the cause of accidents. If you or someone you love has been injured in an RV accident, we can help.
RV accidents can have severe and catastrophic consequences. RV accidents can result in a traumatic brain injury, broken bones, broken ribs, herniated discs, the loss of a limb, and more. In the most serious cases, RV accidents can result in death.
If a careless RV driver was the cause of your accident, you may be able to obtain compensation from that driver through a negligence claim. Negligence is a failure to exercise reasonable care in one’s actions or omissions. Since there is no clear-cut definition of reasonable care, a court will typically assess how a prudent person would act in the same or similar circumstances. For example, an RV driver’s conduct will be compared to that of a prudent RV driver.
In all negligence claims, the burden of proof is on the plaintiff. This simply means that the plaintiff must present evidence from which a judge or jury could reasonably conclude that the defendant was negligent. The standard of proof is called the “preponderance of the evidence,” and this means that the fact finder must find that the plaintiff’s version of events is more likely true than not. In order to establish negligence in an RV accident case, the following elements must be demonstrated: i) the RV driver owed a duty of care to the plaintiff; ii) the RV owner breached the duty of care owed to the plaintiff; iii) the RV owner’s breach was a direct cause of the plaintiff’s harm; and iv) the plaintiff sustained quantifiable damages.
Once negligence is established, the plaintiff can seek both economic and non-economic damages. Economic damages include medical costs, lost income, rehabilitation costs, property damage, and other financial losses incurred by the plaintiff. Non-economic damages include intangible losses, such as emotional distress, disfigurement, and more.
Although RVs can be a great source of fun, they can also be dangerous. If you or someone you know has been injured in a crash involving an RV, it is important to consult a qualified Miami car accident attorney who can assess the merits of your case. We can work hard to investigate the accident and try to hold the negligent RV driver responsible. At the Law Offices of Robert Dixon, we have represented many South Florida residents in their personal injury claims, and we can help you as well. For more information about your legal rights and options, call us at 1-877-499-HURT (4878) or contact us online today.
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Insurance Company Liable for Florida Insured’s Attorney’s Fees, South Florida Injury Lawyer Blawg, July 18, 2016
Car Accidents in Miami-Dade County and Throughout Florida, South Florida Injury Lawyer Blawg, July 18, 2016
Florida Appellate Court Highlights Importance of Procedural Rules, South Florida Injury Lawyer Blawg, July 18, 2016