Cape Coral Lawyers Helping Parties Hurt in Collisions
It is common for motorists who are eager to get to their destination to become irritated or frustrated when dealing with traffic or other drivers. Unfortunately, some people find contending with other people on the road to be more than a minor irritation and become angry and irrational, and ultimately cause road rage accidents. Collisions brought about by aggressive driving often cause significant physical and emotional injuries, and people hurt in such crashes can often recover damages. If you were injured in an accident caused by a driver with road rage, you should speak with an attorney about your right to pursue compensation. The skilled Cape Coral car accident lawyers of Lusk, Drasites & Tolisano, P.A. possess the resources and knowledge needed to hold reckless drivers responsible for the harm they cause, and if we represent you, we will zealously seek the best legal outcome possible under the facts of your case. We regularly represent people hurt in car accidents in lawsuits in Cape Coral and in Fort Myers and Naples.
Florida Laws Pertaining to Road Rage
The Florida courts and legislature have not expressly defined road rage, but the phrase is generally used to describe operating a vehicle in an angry and antagonistic manner. While there is no statute expressly prohibiting road rage, multiple laws bar driving in an uncontrolled and irate way. Specifically, the Florida Statutes state that it is unlawful to drive aggressively. Aggressive driving is defined as committing two or more specified acts in a row, like driving over the speed limit, refusing to yield, following too closely behind another vehicle, changing lanes improperly, and ignoring traffic devices. Additionally, the Florida Statutes forbid reckless driving, which is described as operating a vehicle in a wanton or willful way with no regard for the safety of others.
Proving Liability for Road Rage Accidents
When people ignore the Florida Statutes pertaining to the safe operation of vehicles and cause road rage accidents by driving in an enraged and unsafe manner, they may not only be cited for violating the law but they may also be held civilly liable for any damages they cause. In most instances, a plaintiff in a lawsuit arising out of a car crash will assert a negligence claim against the defendant.
Under Florida law, a plaintiff alleging negligence must first show that the defendant owed the plaintiff a duty. The duty may be an obligation imposed by law or the general requirement to act with reasonable care under the circumstances. The plaintiff then has to show that the defendant breached the duty. Finally, the plaintiff has to show that the defendant’s actions caused the collision and that the plaintiff suffered actual harm as a result. For example, if the accident occurred because the defendant was speeding and cut the plaintiff off, the defendant may be deemed negligent.
A plaintiff that demonstrates a defendant’s fault for a collision may be awarded the cost of any medical treatment needed for injuries sustained in the accident or that will be required in the future. If the plaintiff could not work following the accident, they may be able to recover lost wages as well. Additionally, a jury will often grant a plaintiff compensation for the intangible losses caused by a crash, such as mental and emotional distress, suffering, and pain. If the jury finds that a defendant’s actions constitute gross negligence or intentional misconduct, it may impose punitive damages as well.
Consult a Trusted Florida Lawyer
Angry drivers often become aggressive and cause collisions that harm innocent people. If you were hurt in a road rage accident, you might be able to recover compensation from the driver that caused the crash, and you should consult an attorney as soon as possible. At Lusk, Drasites & Tolisano, P.A., our trusted Cape Coral lawyers are adept at proving liability in lawsuits arising out of collisions, and if you hire us, we will gather the evidence needed to provide you with a strong chance of a favorable outcome. We frequently aid people in car crash cases from our offices in Cape Coral, Fort Myers, and Naples.
You can contact us through our online form or by calling us at (239) 908-4930 to set up a free and confidential consultation.
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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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