Naples Car Accident Lawyer 

Fighting For Car Accident Victims in Florida

At Lusk, Drasites & Tolisano, we understand the physical, emotional, and financial turmoil that follows a car accident. Whether you've been injured in a minor fender bender or a catastrophic collision, our team of experienced car accident lawyers in Naples is here to guide you through the complex legal process. We are dedicated to fighting for your rights, ensuring you receive the compensation you deserve, and helping you on the road to recovery. 

Call (239) 908-4930 or contact us online to discuss your case with our car accident attorney in Naples today.

Florida Car Accident Laws

Drivers involved in accidents in Florida are required to report the accident to law enforcement if it involves injury, death, or property damage exceeding $500.

Florida follows a no-fault insurance system. This means that after an accident, each driver's own insurance typically covers their medical expenses and property damage, regardless of who was at fault.

Drivers in the state are required to carry Personal Injury Protection (PIP) insurance with a minimum coverage amount. The minimum requirements are $10,000 in PIP coverage and $10,000 in Property Damage Liability (PDL) coverage.

However, there are exceptions to this rule, and one of the key exceptions is the "serious injury threshold" or "tort threshold." This threshold allows you to step outside the no-fault system and pursue a liability claim against the at-fault driver for additional compensation if your injuries meet certain criteria.

In Florida, these criteria typically include:

• Significant and Permanent Loss of an Important Bodily Function: You may qualify to file a liability claim if the accident resulted in a significant and permanent loss of an important bodily function. This could include the loss of a limb, permanent disfigurement, or a debilitating injury that affects your ability to perform daily tasks.
• Permanent Injury Other Than Scarring or Disfigurement: If you suffer a permanent injury that is not related to scarring or disfigurement, you may be eligible to pursue a liability claim. This means an injury that will affect you for the rest of your life, such as a severe spinal cord injury or traumatic brain injury.
• Significant and Permanent Scarring or Disfigurement: If the accident caused significant and permanent scarring or disfigurement, you may also be able to step outside the no-fault system and pursue a liability claim.
• Death: In cases where a car accident results in a fatality, the surviving family members may pursue a wrongful death claim against the at-fault driver.

However, if the at-fault party believes you are partially to blame for causing the collision, Florida follows a pure comparative fault system. This means that if multiple parties are at fault for an accident, each party may be held responsible for their percentage of fault. For example, if you're found to be 20% at fault for an accident, your compensation may be reduced by 20%.

Common Causes of Car Accidents

Some common causes of car accidents in Florida include:

• Distracted Driving: With the proliferation of smartphones and other electronic devices, distracted driving has become a leading cause of accidents. Texting, talking on the phone, or using apps while driving diverts attention from the road.
• Speeding: Driving at excessive speeds reduces reaction time and makes accidents more severe. Speeding is a common factor in many car accidents.
• Drunk or Impaired Driving: Alcohol and drugs impair judgment and coordination, making impaired drivers a danger to themselves and others on the road.
• Reckless Driving: Aggressive behaviors such as tailgating, changing lanes abruptly, and road rage can lead to accidents.
• Weather Conditions: Texas weather can be unpredictable. Rain, fog, ice, and other adverse conditions can make driving hazardous.
• Running Red Lights and Stop Signs: Failing to obey traffic signals is a significant cause of intersection accidents.
• Fatigue: Drowsy driving can be as dangerous as drunk driving. Fatigued drivers are less alert and have slower reaction times.

Local Dangers on Naples Roads

As a popular destination for tourists and locals alike, Naples often experiences significant traffic, especially during peak seasons. Several factors contribute to the unique driving challenges in this area. Firstly, the influx of vacationers unfamiliar with local roads can lead to increased traffic and unexpected driving behavior. Additionally, the prevalence of bicyclists and pedestrians near Naples's scenic spots requires drivers to be exceptionally vigilant.

Improper road maintenance further complicates the driving experience. Potholes and worn signage can increase the risk of accidents. Naples's rapid urban development has led to construction zones, continuously altering traffic patterns and posing additional dangers to drivers. Lastly, given the city's proximity to coastal areas, drivers must often contend with inclement weather conditions such as sudden rainstorms, which can decrease visibility and create slippery roads. Understanding these local dangers is vital for residents and visitors to navigate Naples safely.

FAQs About Car Accidents 

What Should I Do Immediately After a Car Accident?

The first step following a car accident is ensuring everyone's safety. If possible, move vehicles out of traffic and call emergency services, even if injuries aren't immediately apparent. This allows for a formal accident report and swift medical assistance if necessary. Documenting the scene is crucial—take photos and gather contact information from all parties involved, including witnesses. Once safety is ensured, contacting a legal professional can help you understand your rights and begin processing any claims. At Lusk, Drasites & Tolisano, we offer guidance through every step of this challenging process, prioritizing your well-being and legal interests.

How Does the Claims Process Work in Florida?

In Florida, the claims process begins with notifying your insurance provider of the accident. Because Florida is a no-fault state, your insurance covers medical expenses first, typically up to the limits of your PIP policy. If your injuries exceed these limits and meet the serious injury threshold, you may pursue additional compensation from the at-fault driver. This step often involves litigation and can be complicated, but our experienced team at Lusk, Drasites & Tolisano can navigate these complexities to help secure the best possible outcome.

What Are Common Injuries Sustained in Car Accidents?

Injuries from car accidents vary greatly, from minor cuts and bruises to severe injuries such as traumatic brain injuries or spinal cord damage. Whiplash, a typical result of rear-end collisions, can cause neck pain and reduced mobility. Internal injuries, often not immediately visible, require prompt medical attention. Understanding the spectrum of potential injuries can help you seek a timely medical evaluation, which is crucial for both health and potential legal proceedings. Our team assists in connecting clients with medical experts to ensure thorough assessment and documentation of all injuries sustained.

Can I Recover Compensation for Non-Physical Damages?

In addition to covering medical expenses and property damage, Florida law allows for the recovery of non-physical damages such as pain and suffering or emotional distress, particularly when stepping outside the no-fault system. These damages can be substantial, especially if they severely impact your quality of life. Documenting these impacts thoroughly and accurately is crucial. Our attorneys work with you to establish comprehensive claims that reflect all aspects of your suffering, advocating for the full extent of compensation you deserve.

How Our Car Accident Lawyer in Naples Can Help You

Car accidents can be life-changing events, and their aftermath is often uncertain. Insurance companies may try to minimize your claim, and the responsible party might deny liability. In such challenging times, having a Naples car accident lawyer on your side can make all the difference.

Here's why:

• Legal Expertise: Our attorneys specialize in car accident cases, and we have a deep understanding of Texas traffic laws, insurance regulations, and the complexities of personal injury litigation. We put this knowledge to work for you.
• Maximizing Your Compensation: We are committed to securing the maximum compensation possible for your injuries. This includes medical expenses, lost wages, and pain and suffering. We leave no stone unturned in the pursuit of justice.
• Dealing with Insurance Companies: Insurance companies are notorious for offering low settlements. We know their tactics and can negotiate to ensure you're not exploited.
• Investigation and Evidence Gathering: We have a team of experts who can investigate your accident, gather evidence, and reconstruct the events leading up to it. This is crucial in establishing liability.
• Legal Advocacy: We will take your case to court if negotiations fail. Our seasoned trial lawyers have a track record of success in the courtroom, and we will fight tirelessly for your rights.

Every car accident is unique. We develop a personalized legal strategy tailored to your specific circumstances and needs. 

If you or a loved one has been injured in a car accident in Naples, don't hesitate to contact Lusk, Drasites & Tolisano. Our Naples car accident attorneys are dedicated to helping you get back on your feet and securing the compensation you deserve.