Unfortunately, rear-end collisions commonly take place on Florida roads. Many of these accidents happen at intersections or in heavy traffic, but they may occur in a number of other situations as well. If you have been injured in a rear-end collision, you should speak to a knowledgeable attorney who can assess your options. At Lusk, Drasites & Tolisano, our experienced car accident lawyers work diligently for victims in Fort Myers and the surrounding cities. We can vigorously seek the compensation that you deserve for the harm that you have suffered.Bringing a Negligence Claim against a Careless Driver
The National Highway Traffic Safety Administration (NHTSA) estimates that 40 percent of crashes in the United States are rear-end collisions. There are many causes and contributing factors in these accidents, including texting and driving, tailgating, failing to take hazardous weather conditions into account, excessive speeding, or getting behind the wheel while impaired by alcohol or drugs.
A victim of a Florida rear-end collision may be able to recover compensation under the theory of negligence. This arises when a driver fails to use the level of care that a reasonable individual would exercise in operating a motor vehicle under the same or similar circumstances. In order to prevail on a negligence claim, a plaintiff must establish four elements. In addition to showing the duty to exercise reasonable care, the plaintiff must identify a specific action by the defendant that fell below this standard, known as a breach. Moreover, the breach must be the direct cause of the accident leading to the injuries, and quantifiable damages must have resulted. Each of these elements must be more likely than not to be true.
Compensable damages for plaintiffs who succeed in negligence claims may include medical bills, rehabilitation expenses, therapy costs, lost income and benefits, property damage, pain and suffering, and more. As these examples show, they may extend to both objective and relatively subjective forms of harm. If an accident was tragically fatal, certain surviving relatives may be able to obtain damages through a wrongful death claim. They typically include medical bills, funeral expenses, and damages based on their relationship to the victim, such as loss of companionship, support, and consortium.
It is important to note that accident victims in Florida only have a restricted time to take legal action. This time period is known as the statute of limitations. Under state law, a victim must file a personal injury claim within four years from the date of an accident. Wrongful death claims have a shorter statute of limitations and must be filed within two years.Explore Your Options with a Fort Myers Lawyer after a Motor Vehicle Collision
At Lusk, Drasites and Tolisano, our motor vehicle collision attorneys can advocate for residents of Fort Myers, Naples, and other cities who have been involved in a rear-end collision. We understand the physical, emotional, and financial toll that car accidents can take on victims and families. We also represent injured individuals from Port Charlotte, Lehigh Acres, and Sarasota. Feel free to call us at (800) 283-7442 or contact us through our online form to set up a free consultation.