Naples Distracted Driving Accidents
One of the wealthiest cities in the U.S., Naples is home to over 20,000 residents. According to its 2011 Comprehensive Annual Financial Report, the top employers in the area include the District School Board of Collier County, the Home Depot, and the Waldorf Astoria. Just as in other cities across the nation, many people there are seriously hurt when they are struck by distracted drivers. If you have been hurt in this type of crash, it is important to reach out to a skilled Naples distracted driving accident attorney at Lusk, Drasites & Tolisano, who can provide you with guidance and representation.Bringing a Personal Injury Claim Based on a Distracted Driving Accident
Distracted driving is any activity that takes a person’s attention away from the primary task of driving. Some common examples of distractions include texting, using a cell phone, talking to passengers, grooming, reading maps or a navigation system, watching a video, adjusting a radio or music device, or eating or drinking. The Florida Department of Highway Safety and Motor Vehicles reports that there were more than 45,000 crashes caused by distracted drivers last year in Florida.
Like most other types of car accident cases, lawsuits based on distracted driving crashes rest on a theory of negligence. In this situation, negligence consists of a failure to use reasonable care behind the wheel. Reasonable care is how a prudent driver would act under the same or similar circumstances. In order to establish negligence, the plaintiff must show:
Duty: the defendant owed the plaintiff a duty of care;
Breach: the defendant breached the duty of care owed to the plaintiff, such as by texting and driving or engaging in other distractions;
Causation: the defendant’s breach was a direct and proximate cause of the accident; and
Damages: the plaintiff suffered injuries that can be quantified monetarily.
If negligence is established, a plaintiff may pursue compensation for items of costs and losses such as medical bills, rehabilitation costs, pain and suffering, property damage, disability, and reduced quality of life. The specific amount of compensation that a victim will be entitled to receive will depend on the nature and extent of their injuries.
Under Florida law, a personal injury claim must be brought within four years from the date of an accident. Failing to file within this statute of limitations could mean losing your right to be heard by a court altogether. As a result, you should work with an experienced attorney who will carefully gather the appropriate evidence and bring a claim promptly to avoid any potential procedural obstacles.Discuss Your Distracted Driving Accident Case with a Naples Attorney
People who have been hurt in a collision caused by a distracted driver should consult a car accident attorney who can help them assert their rights. At Lusk, Drasites & Tolisano, our Naples distracted driving accident lawyers are committed to pursuing the compensation that victims deserve for their harm. We are here to answer your questions and address your concerns at every step of the way. For more information, call us toll-free at (800) 283-7442 or contact us through our online form to set up a free consultation.