One common misconception is that merely being involved in a collision automatically establishes careless driving. In reality, Florida law does not presume someone was careless simply because an accident occurred. However, it’s not unusual for law enforcement to rely heavily on the fact of a crash when issuing a careless driving citation. This approach is often referenced in legal terms as “res ipsa loquitur,” meaning “the thing speaks for itself.” Still, the presence of a crash, without additional supporting evidence of negligence, should not be the sole basis for a charge. Instead, other factors—such as witness accounts, physical evidence, and documented driving behavior—are typically necessary to demonstrate a lack of due care.

By recognizing this distinction, drivers can better understand their rights if ever faced with such a charge, and law enforcement is required to look beyond the surface before assigning fault.