Florida law requires drivers to use reasonable care in the operation of their motor vehicle. Failure to do this is met with punishment from the criminal justice system, and sometimes accountability through the civil system when people are hurt or property is damaged.
Generally, “reasonable care” means abiding by all traffic laws and taking every precaution to operate the vehicle safely and avoid accidents.
However, there are some scenarios in which drivers get a pass. It’s not often, and it’s usually not a given. But if a defendant can show he or she was grappling with a “sudden emergency” at the time of accident and that sudden emergency is what caused the accident, it’s likely he or she will evade both criminal charges and civil liability. Continue reading →