Unfortunately, motor vehicle accidents happen every day in Florida and across the United States. Many of these accidents take place because motorists fail to obey the rules of the road. If you’ve sustained an injury or lost a loved one in an auto accident caused by someone else’s negligence, we may be able to help. At the Law Offices of Robert Dixon, our reputable Miami auto accident attorneys are committed to getting South Florida clients the compensation and justice they deserve for their harm.
A Hardee County police officer was rushed to the hospital when a semi-truck sideswiped two police cruisers. The two police vehicles were pulled over looking into another accident when the truck crashed into the drivers’ sides of the cars. The door of one of the police officer’s cars was twisted all the way toward the hood. Florida Highway Patrol (FHP) is now trying to figure out the cause of the accident. It is unclear at this time whether the collision is a violation of Florida’s Move Over Law.
Florida Move Over Laws
Under Florida Statute 316.126, motorists are required to move over for stopped police cars, first responders, sanitation vehicles, utility service vehicles and tow trucks. If you cannot move over because you are on a one-lane highway, for example, you should reduce your speed down to 20 mph less than the posted speed limit. You should slow down to 5 mph when the posted speed limit is 20 mph or less. The Move Over Law was created because many police officers have been struck and killed while pulled over on the side of the road.
Establishing Negligence in Cases Involving Move Over Law Violation
If you have been injured in a car accident caused by someone else’s error, carelessness or wrongdoing – you may be entitled to compensation through a negligence claim. However, in cases where a defendant’s conduct violates a law, it can give rise to a finding of negligence per se. Negligence per se is a legal doctrine whereby an act or omission is considered negligent because it violates a statute or law that is designed to protect the public. If you are hurt in an accident and you believe it was because someone failed to move over when they were required to do by law, this may be a useful doctrine. In order to establish negligence per se, you do not have to prove the traditional elements of negligence. Rather, you must show that:
- The defendant violated a law designed to protect the public;
- You were a member of the class the law was designed to protect;
- You suffered an injury that the law was designed to help prevent; and
- The injury was a direct cause of defendant breaking the law.
Reaching a Trusted Miami Car Accident Attorney
If you have been injured in a car accident that was not your fault, you need to contact an experienced Miami truck accident attorney who can help. At the Law Offices of Robert Dixon, we have extensive experience in this area of law. Not only do we understand Florida personal injury laws, we know how to build a case using all relevant evidence, including police reports, eyewitness testimony, medical records and more. We know that a lawsuit may feel like a daunting option but we cannot stress enough how important is it to understand all your rights and options before making any decisions. To learn more, call us today 1-877-499-HURT (4878) or contact us online.
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