What Is Negligent Driving? Examples and Legal Consequences

At Zweben Law Group, we’ve spent more than 25 years helping accident victims across Florida get the justice and compensation they deserve. Our focus is personal injury law, and we pride ourselves on going above and beyond for every client. Whether it’s a car accident, slip and fall, or wrongful death case, our mission has always been clear: to provide exceptional legal guidance and support during life’s most challenging moments.

Negligent driving is one of the most common causes of accidents in Florida, and understanding what it is—and the legal consequences that come with it—can protect you and your loved ones. Let’s break it down together.

What Is Negligent Driving in Florida?

Negligent driving happens when someone fails to exercise the reasonable care expected of a driver, putting others at risk. According to Florida law, specifically Florida Statute 316.1925, negligent driving means “failing to drive in a careful and prudent manner, having regard for the width, grade, curves, traffic, and all other attendant circumstances.” Put simply, it’s when a driver’s lack of attention or care creates unsafe conditions on the road.

Negligent driving is often confused with reckless driving, but they’re not the same. Reckless driving involves intentional actions where the driver knowingly disregards safety—like drag racing or aggressive speeding. Negligence, on the other hand, refers to a failure to act with the care that a reasonable person would use in the same situation. Both are dangerous, but negligence typically doesn’t involve deliberate risk-taking.

For example, a driver who is texting and rear-ends another car may not have intended harm, but their lack of attention makes them legally negligent.

Examples of Negligent Driving in Florida

Negligent driving takes many forms, and even small mistakes can lead to big consequences. Here are some common examples:

Distracted Driving

Texting, talking on the phone, eating, or even fiddling with the radio while driving are all forms of distracted driving. These distractions take your eyes off the road, your hands off the wheel, and your focus away from driving.

Drowsy Driving

Driving while tired is as dangerous as driving under the influence of drugs or alcohol. Falling asleep or being too fatigued to react quickly can lead to devastating crashes.

Speeding or Driving Too Fast for Conditions

Exceeding the speed limit is risky, but even driving at the limit can be negligent if the weather or traffic conditions call for slower speeds. Florida’s frequent rainstorms, for example, require extra caution.

Tailgating

Following another vehicle too closely reduces potential reaction time and increases the likelihood of rear-end collisions. This behavior is both aggressive and negligent.

Failure to Yield or Obey Traffic Signals

Ignoring stop signs, running red lights, or failing to yield the right-of-way to pedestrians or other vehicles can cause serious accidents and injuries.

Improper Lane Changes or Weaving Through Traffic

Changing lanes without signaling, cutting off other drivers, or weaving in and out of traffic shows a disregard for the safety of others.

Driving Under the Influence of Drugs or Alcohol

Even a small amount of alcohol or drugs can impair judgment and reaction time, making this one of the most dangerous and irresponsible forms of negligent driving.

Failing to Adjust Driving to Weather Conditions

Florida’s frequent rain and storms make wet roads slippery and reduce visibility. Drivers who don’t slow down or turn on their headlights in these conditions risk causing accidents.

Operating a Poorly Maintained Vehicle

Driving a car with faulty brakes, worn tires, or broken headlights isn’t just unsafe—it’s negligent. Proper vehicle maintenance is part of a driver’s responsibility.

Real-life example: Imagine a driver in Miami Beach texting while approaching a crowded intersection during a rainstorm. They fail to notice the light turning red and collide with another vehicle. This is a clear case of negligent driving, where distraction and poor weather adjustment combined to create an accident.

Legal Consequences of Negligent Driving in Florida

Negligent driving doesn’t just put lives at risk—it comes with serious legal consequences. Here’s what you could face if found guilty of negligent driving in Florida:

Traffic Tickets and Fines

Negligent drivers can be cited for traffic violations, which often come with hefty fines. For example, a distracted driving ticket in Florida can cost $60 for a first offense, and additional court fees can make it much more expensive.

Points on Driver’s License

Florida’s point system adds penalties to your driving record for violations. A careless driving citation adds three points, while more severe offenses like speeding in excess of 50 mph over the limit add six points. Accumulating too many points can lead to license suspension.

License Suspension or Revocation

If you accumulate 12 points within 12 months, your license can be suspended for 30 days. More points in a shorter time frame result in longer suspensions or even permanent revocation.

Criminal Charges in Severe Cases

When negligence results in severe injury or death, it can lead to criminal charges. For example, vehicular manslaughter is a second-degree felony in Florida, punishable by up to 15 years in prison and fines of up to $10,000.

Civil Liability

Negligent drivers can also be held financially responsible for damages caused in an accident. Victims may file personal injury claims to recover costs for medical bills, property damage, lost wages, and pain and suffering.

Insurance Rate Increases

Insurance companies view negligent drivers as high-risk and often raise premiums after an at-fault accident. In some cases, your policy may even be canceled.

Future Driving Privileges

Serious negligence can lead to permanent marks on your driving record, which can make it difficult to obtain a license or insurance in the future.

Were You Injured in an Accident Caused by Negligent Driving in Florida? Contact Zweben Law Group Today!

Having a personal injury attorney by your side can make all the difference if you have been affected by negligent driving. At Zweben Law Group, we’re dedicated to helping accident victims in Florida get the justice they deserve. If you or a loved one were injured because of someone else’s negligence, don’t wait to take action. Our “No Fees Unless We Win” policy means there’s no financial risk to you.

Call us at (772)-223-5454 or visit our Contact Us page to schedule your free consultation. Let us help you protect your rights and secure the compensation you need to move forward with confidence. With decades of success handling negligent driving cases in Florida, we’re ready to go the extra mile for you.