Cape Coral Car Accident Lawyers

Representing Car Accident Victims in Fort Myers & Naples

Most people do not realize how dangerous driving a car can be. Your risk of an accident throughout your life is high, even if you are a safe driver who exercises caution and follows the rule of the road. All it takes is one negligent, reckless driver to send your life into a tailspin. 

If you have been in a car accident, you may be struggling to recover. You could have physical injuries. Your car might be totaled. You could have even lost someone you loved. In these situations, you will need professional support during your recovery. Lusk, Drasites & Tolisano can offer compassionate, capable legal representation with a personal touch. Our Cape Coral car accident lawyers have been serving our community for over 40 years, and we are proud to have earned the trust of our neighbors in their most vulnerable moments. No matter the complexity of your circumstances, we are determined to help get you the compensation you deserve. Our firm takes personal injury services on a contingency basis, meaning you pay nothing unless we win. 

Injured in a car accident? Schedule a free initial consultation with our car accident attorneys in Cape Coral by calling (239) 908-4930 or contacting us online. Se habla español.

Common Types of Car Accidents

A car accident refers to a collision involving one or more vehicles, causing damage to property, injuries, or even fatalities. These incidents can occur due to various factors such as human error, mechanical failure, adverse weather conditions, or road hazards. 

Here are some common types of car accidents:

• Rear-End Collision: This occurs when one vehicle hits another from behind, often due to sudden braking or distraction.
• Head-On Collision: When two vehicles traveling in opposite directions collide frontally, often resulting in severe injuries or fatalities.
• Side-Impact Collision (T-Bone): This happens when the front of one vehicle crashes into the side of another, often at intersections.
• Single-Vehicle Accident: Involves only one vehicle, such as hitting a stationary object or running off the road.
• Multi-Vehicle Pileup: Occurs when multiple vehicles are involved in a chain-reaction collision, often on highways or in adverse weather conditions.
• Side-Swipe Collision: This happens when the sides of two parallel vehicles collide, often due to lane changing or merging errors.
• Vehicle Rollover: When a vehicle tips over onto its side or roof, typically occurring at high speeds or due to abrupt maneuvers.

Who Is Liable for a Car Accident in Florida?

Although car accidents are perhaps the most common causes of personal injury, they can be avoided in most cases. If all drivers exercised due care on the road, we would all be much safer. Sadly, unsafe driving persists, often with tragic outcomes.

When a motorist drives “negligently,” they are liable for any injuries their conduct causes. Generally, the driver is negligent when they act in a way a reasonable person in the same situation would not. Examples of negligence include violating traffic rules, speeding excessively, driving while intoxicated, or driving recklessly. 

Car accidents can also be caused by factors other than a negligent driver, such as dangerous roads and defective vehicles. No matter what the cause may be, if you suffered injuries, you may be entitled to compensation. Our Cape Coral car accident attorneys are happy to review your situation, ascertain liability, and advise whether you have a strong claim.

What Should I Do After a Florida Car Accident?

Car accidents are often terrifying, especially if the collision occurs when one or both vehicles were traveling at a high speed. Though you will understandably be preoccupied with processing what has happened in the moments after the crash, there are certain steps you should take to protect your right to recover damages.

After a car accident, you should:

• Go to a hospital if you suffered severe injuries. Do not hesitate to call 9-1-1 and seek emergency medical attention if you are seriously hurt. Be sure to check on your passengers and the occupants of the other vehicle to ensure they are conscious and do not need an ambulance.
• Call the police and stay at the scene until they arrive. If an accident causes bodily injuries, you are required by state law to call the police and wait for them to get to you. Do not leave the scene of the accident before you have spoken to law enforcement, even if you are confident that you did nothing wrong. The police will create an accident report that may become an important piece of evidence in your lawsuit.
• Avoid admitting fault. Small talk with the other parties involved in the crash can cut the tension while you wait for the police to appear, but it can cause problems down the road. Anything you say could be used against you, so try to keep unnecessary conversations to a minimum and do not say anything that implies you are to blame.
• Collect evidence and contact information. Take as many photos and videos of the accident scene as possible, including damage to your car, your injuries, skid marks on the road, scattered debris from the vehicles, and any other elements that may have contributed to the accident (such as dangerous weather conditions or a poorly paved street). You will also need the names, phone numbers, and addresses of everyone involved (including witnesses). Get license and insurance information from the other driver. 
• See a doctor. If you did not already go to the hospital, make an appointment with your doctor as soon as possible and request a full evaluation. Explain that you were in a car accident and need to be thoroughly checked for injuries, including conditions that could have delayed symptom onset or may not be visible to the naked eye. Do not neglect a doctor’s visit, even if you feel fine.
• Get in touch with Lusk, Drasites & Tolisano. Our legal professionals will get to immediate work on your case. We can help protect your interests when you communicate with the insurance companies and the defendant’s representatives. 

What Compensation Can I Recover in a Florida Car Accident Lawsuit?

If you wish to recover compensation for car accident injuries, you must file a lawsuit before the statute of limitations expires. In Florida, you have two years from the date of the car accident to take legal action. Missing this deadline will prevent you from recovering anything. When a car accident leads to fatal injuries, qualifying survivors of the deceased will have two years from the date of the victim’s passing to bring a wrongful death claim.

Our Cape Coral car accident lawyers will work to get you compensation for all economic and non-economic losses, including:

• Past, current, and future medical bills
• Property damage
• Lost wages
• Reduced earning capacity
• Pain and suffering
• Emotional distress
• Loss of consortium
• Loss of enjoyment of life

Our team understands how to strategically approach car accident cases and may be able to negotiate a fair settlement before a trial is necessary. We also still may be able to get you some compensation if you were partially responsible for causing a car accident.

Winning is no accident: Our Cape Coral car accident attorneys have what it takes to prevail in Florida car accident lawsuits. Contact us online or call (239) 908-4930 to discuss your case with us.

Common Car Accident Injuries in Florida

According to the Centers for Disease Control and Prevention, motor vehicle crashes are among the 10 leading causes of death in the U.S. Even if an accident is not fatal, a victim's life may be permanently altered by the injuries that result.

Car accident injuries typically fall into one of two categories: impact injuries and penetrating injuries. Impact injuries are caused when part of the victim's body hits some part of the interior of the car, such as when a person's head strikes the steering wheel. Penetrating injuries are typically lacerations, such as when shattering glass pierces the skin.

Common car accident injuries include:

• Whiplash
• Traumatic brain injury
• Spinal cord injury
• Broken bones
• Burns
• Knee injuries

Common Causes of Car Accidents

Car accidents may take place for a variety of reasons, including: 

• Distracted Driving: This includes activities like texting, talking on the phone, eating, or adjusting the radio while driving. These distractions can take a driver's attention away from the road, leading to accidents.
• Fatigue: Driving while tired or drowsy can impair reaction times and decision-making abilities, increasing the likelihood of accidents. This is especially common during late-night or long-distance driving. 
• Intoxication Behind the Wheel: Operating a vehicle under the influence of alcohol or drugs significantly impairs coordination, judgment, and reaction times, making accidents more likely.
• Speeding: Driving above the speed limit or too fast for road conditions reduces the amount of time a driver has to react to hazards, increasing the severity of accidents.
• Reckless or Aggressive Driving: This includes behaviors like tailgating, weaving in and out of traffic, and ignoring traffic signals or signs, which can lead to collisions.
• Weather Conditions: Adverse weather such as rain, snow, ice, or fog can reduce visibility and traction, making it more challenging to control a vehicle and increasing the risk of accidents.
• Mechanical Failure: Issues like brake failure, tire blowouts, or engine problems can cause sudden loss of control or malfunctions that contribute to accidents.
• Inexperienced Drivers: Drivers who lack experience may not anticipate or react appropriately to road hazards, increasing their likelihood of being involved in accidents.
• Road Conditions: Poorly maintained roads, construction zones, or debris on the road can create hazards that lead to accidents if drivers are not cautious.

How to Prove Negligence

If your car accident injuries resulted from the carelessness or recklessness of someone else, you may be able to recover damages by filing a negligence claim against the at-fault party. This may be appropriate when an individual or entity fails to exercise the degree of care that would be reasonable to expect in a given situation.

The plaintiff would need to show that the defendant had a duty to exercise a certain degree of care, the defendant breached this duty, the defendant's breach was a direct cause of the plaintiff's harm, and quantifiable damages resulted.

If a plaintiff successfully establishes a negligence claim, he or she typically will be able to recover compensation from the defendant, such as medical expenses, rehabilitation costs, lost income and benefits, pain and suffering, property damage, and any other costs or losses arising from the accident.

Compensation often may be obtained through settlement negotiations, although some cases go to trial. It is important to enlist a Cape Coral car accident lawyer who has experience in every phase of the process, from the initial investigation through any litigation that proves necessary.

What to Look for in a Cape Coral Car Accident Attorney

Accidents occur every day. According to the National Center for Biotechnology Information, driving fatigue leads to around 30% of commercial truck accidents. After involvement in an accident, you may need to work with an auto accident lawyer to file your claim. Choosing the right lawyer to represent you may be one of the most important decisions you will make, so it pays to do your research. Let's explore four things to look for in an auto accident lawyer.

1. Will They Be Easy to Work With?

A personal consultation is crucial when searching for an auto accident lawyer. After meeting with them for the first time, you do not want to regret your choice. Take time and find an auto accident lawyer who makes sense for you. That means asking questions about experience, detailed service contracts, communication skills, and availability.

2. What Are Their Fees?

It will help to know how your auto accident lawyer structures their fees so you can identify a reasonable budget. Every case is different. Attorney costs can come at various expenses associated with out-of-pocket costs and advance payments. The most common actual cost types are contingent fees and hourly rates. There are other types of payment arrangements out there. It is best to determine the prices before settling for a particular auto accident lawyer.

3. Will They Provide a Detailed Service Contract?

Understanding how often your auto accident lawyer will discuss updates and priorities is key. The attorney you intend to work with should provide a service contract to show you what they expect from you as the client. The lawyer should explain these details in your consultation session and in a detailed service contract. Before letting the legal professional handle your case, you must know what to expect from each other.

4. Are Their Communication Skills Up to Par?

An auto accident lawyer should be able to explain the legal process clearly and concisely. They should also be responsive, efficient, respectful, and friendly. Your attorney must be consistently clear about the options available in certain situations. Above all, they should always be available to address your questions and concerns.

There is so much to consider in connection with an auto accident case. Going the cheap or wrong route in your search for a Cape Coral car accident attorney can cost twice as much as researching out-of-pocket costs, upfront fees, and other options. With the tips above, you can get a reliable legal professional. 

Frequently Asked Questions

How Do Weather Conditions Impact Car Accidents in Cape Coral?

Weather conditions significantly contribute to car accidents in Cape Coral, with heavy rains and occasional tropical storms leading to reduced visibility and hazardous road conditions. Drivers may find the combination of wet roads and unexpected weather changes to be challenging, thereby increasing the risk of accidents. These conditions necessitate heightened focus and cautious driving.

In such events, it's important to drive at reduced speeds, maintain a safe distance from other vehicles, and ensure your headlights are turned on to improve visibility. If an accident occurs under adverse weather conditions, documenting road conditions with photos can significantly support your legal claim. 

What Happens If I Was Partially at Fault for the Accident?

In Florida, the comparative negligence rule applies, meaning that your compensation can be reduced by your percentage of fault in the accident. For example, if you are found to be 20% at fault, your compensation would be reduced by that percentage. This rule allows you to recover damages even if you are partially responsible, which is different from many other states that might bar recovery if you share any portion of fault.

Lusk, Drasites & Tolisano employs strategic methods to ensure the percentage of fault attributed is fair and reasonable, working tirelessly to minimize your liability and maximize your compensatory recovery. Understanding your role and the dynamics of the accident is crucial, and our team is equipped to comprehensively analyze every facet of your case to ensure justice is served accurately in your favor.

What Are the Common Pitfalls in Handling Auto Accident Claims?

Handling auto accident claims involves several challenges that can affect the outcome of your case. One of the most common pitfalls is delaying medical treatment, which can not only affect your health but also weaken your claim by providing room for insurers to argue the injury is unrelated or exaggerated. Seeking prompt medical attention ensures proper diagnosis and documentation, which are essential for your case.

Another mistake is communicating directly with insurance companies without the assistance of a lawyer. Insurers may use recorded statements against you, which can negatively impact your settlement. At Lusk, Drasites & Tolisano, we recommend that our clients direct all communications through our law firm to protect their interests and maximize the outcome of their claims. 

Contact Our Car Accident Lawyer in Cape Coral Today

If you or a loved one has been injured in a car accident, don’t face the aftermath alone. Our Cape Coral car accident attorneys are here to protect your rights and fight for the settlement you rightfully deserve. We understand how overwhelming this time can be, and we’re ready to guide you every step of the way. Contact us today to schedule a consultation and let us assist you in pursuing justice and recovery.

If you are looking for a skilled Cape Coral car accident lawyer, we're the firm for you. Contact Lusk Drasites and Tolisano PA today!