Attorneys Representing Those Injured in Cape Coral
People throughout Florida move at a faster pace than in previous times, and many drivers are rushed and in a hurry. Some motorists demonstrate more than impatience, though, and their behavior crosses over into recklessness that causes aggressive driving accidents. Operating a vehicle in such an unsafe manner is reckless and intimidating and often leads to devastating injuries. If you were hurt in a collision caused by an aggressive driver, you could be owed substantial damages, and it is prudent to meet with an attorney as soon as possible. The skilled Cape Coral car accident lawyers of Lusk, Drasites & Tolisano, P.A. are committed to helping injured parties in the pursuit of damages. If we represent you, we will diligently pursue the best legal outcome available under the circumstances surrounding your harm. We regularly represent parties in car accident lawsuits in Cape Coral and other cities throughout Florida.
Florida Laws Addressing Aggressive Driving
Florida’s traffic laws explicitly prohibit aggressive driving. If a driver makes two or more of the listed maneuvers, it is considered aggressive driving and is punishable by more significant penalties than violating a single traffic law. These acts include exceeding the speed limit, unsafe or improper lane changes, following another vehicle too closely, and passing improperly. Failing to obey traffic signals or to yield the right of way are acts that may indicate aggressive driving as well.
Usually, aggressive driving is used as a means to intimidate and involves some degree of anger. As such, it can lead to high-speed impacts or an aggressive driver striking another motorist’s vehicle or running it off the road. Aggressive driving accidents can cause substantial injuries, such fractures, internal bleeding, spinal cord injuries, and lacerations.
Proving an Aggressive Driver Should be Deemed Liable for an Accident
In Florida, a person injured in a collision usually must establish that another individual is responsible for the crash to recover damages. Typically, this is established via a negligence claim in a personal injury lawsuit. A plaintiff alleging negligence has to demonstrate a duty owed by the defendant, a subsequent breach of the duty, and harm proximately caused by the breach. In other words, the plaintiff must show that the defendant’s driving directly contributed to bringing about the accident and that the accident would not have happened absent the defendant’s aggressive behavior.
In most instances, the duty owed is the duty to drive reasonably under the circumstances. Thus, if a defendant drove aggressively, it arguably constitutes a breach of the duty owed. If the police cited the defendant for aggressive or reckless driving, it could be introduced as evidence of negligence. As aggressive driving is arguably an intentional act, a plaintiff harmed in an aggressive driving accident may be able to assert claims against the defendant in addition to negligence.
Damages Recoverable for Aggressive Driving
People harmed in collisions often recover the cost of any past and future medical treatment required due to their injuries and out of pocket expenses incurred due to their injuries. If they cannot work, they may be awarded lost wages as well. In most cases, they are also awarded substantial compensation for the pain, mental trauma, and suffering endured because of the accident.
In cases arising out of aggressive driving accidents, injured parties may also be able to recover punitive damages, which are designed to punish those who engage in intentional misconduct or grossly negligent behavior and harm others as a result. Punitive damages will only be granted in cases where a plaintiff produces clear and convincing evidence they are warranted.
Speak to a Capable Attorney in Cape Coral
Aggressive driving is one of the leading causes of collisions in Florida, and people injured in such crashes often suffer substantial physical and financial losses. If you were harmed in an accident caused by reckless driving designed to intimidate you, it is advisable to seek legal counsel regarding your rights. The lawyers of Lusk, Drasites & Tolisano, P.A. are adept at proving liability in car accident cases, and we will zealously pursue any compensation recoverable under the law. We regularly represent injured parties in lawsuits in Cape Coral and Fort Myers and Naples.
You can contact us to set up a meeting at our offices in Cape Coral, Naples, and Fort Myers, at (239) 908-4930 or via our form online.
No Fees Until We WinWe offer Free Consultations, and work on Contingency Fees for Personal Injury cases. This means we ask for nothing from you until your injury case is concluded.
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In Practice Since 1982We at Lusk, Drasites & Tolisano have been in practice for 40 years, which means you can count on our skill, experience, and community value to help you through your case.
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