Articles Posted in motor vehicle crash

In every negligence action for injuries or wrongful death the plaintiff must establish (1) a duty owed by the defendant; (2) the defendant’s breach of the duty; and (3) and that said breach proximately caused the damages claimed. In negligence actions Florida courts follow the more likely than not standard…

In 1958, Florida joined a handful of other states in adopting the evidentiary rule that a presumption of negligence arises against the trailing vehicle in motor vehicle crashes. See McNulty v. Cusack, 104 So.2d 785 (Fla. 2d DCA 1958) (Other jurisdictions limited the rear-end aspect of the collision to creating…