Naples Car Accidents
Naples is a city located in Collier County, Florida with a population of approximately 20,000 residents. The area is a popular spot for tourists, due to its beaches, resorts, and attractions. In 2005, the Travel Channel designated Naples as America’s Best All-Around Beach. Other attractions in the area include the Historical Palm Cottage, the Golisano Children Museum, and the Bird Gardens. Just as in any other city in the U.S., it is not uncommon for people in Naples to be involved in car accidents. If you or someone in your family has been injured in a crash, it is important to consult a Naples car accident lawyer who can advise you on your options. At Lusk, Drasites & Tolisano, we can protect your rights and guide you through the process of bringing a claim.Bringing a Car Accident Claim for Compensation
Unfortunately, car accidents tend to be a leading cause of death and serious injuries each year in the state of Florida. These crashes happen for a number of reasons. Some common causes include drunk driving, distracted driving such as texting behind the wheel, speeding, driver fatigue, and aggressive driving behaviors like tailgating.
If you were hurt in a car accident that was not your fault, you will likely be able to hold the at-fault party responsible through a negligence claim. Negligence takes place when a driver fails to exercise the appropriate degree of care behind the wheel. In most ordinary situations, this is defined as how a reasonable person would act. For example, a reasonable person probably would not violate traffic laws, speed during a thunderstorm, get behind the wheel while drunk, or endanger the safety of others through road rage.
In order to prevail in a negligence claim, the plaintiff must prove the following elements by a preponderance of the evidence. The defendant must have owed the plaintiff an obligation to exercise reasonable care, the defendant must have failed to adhere to this obligation, and the plaintiff must have been hurt as a direct result of the defendant’s failure to use reasonable care. Quantifiable damages also must have arisen from the car accident.
Once negligence is established, a plaintiff may pursue many forms of damages based on the harm that they suffered. Typical examples of damages include medical expenses, rehabilitation costs, pain and suffering, lost income, and property damage. It is important to note that Florida is a pure comparative fault state. While your damages may be reduced if you were partially at fault for the accident, you still may receive some compensation that is proportionate to the defendant’s degree of responsibility.Discuss Your Case with a Car Accident Lawyer in Naples
If you have been injured or have lost a family member in a car accident, we can help. At Lusk, Drasites & Tolisano, our Naples car accident attorneys can work diligently to pursue full and fair compensation for your harm. We also assist victims in Port Charlotte, Lehigh Acres, and Sarasota, among other cities. Call us toll-free at (800) 283-7442 or contact us through our online form for a free consultation with a motor vehicle collision lawyer.