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Rear-End Collisions

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Unfortunately, rear-end collisions commonly take place on Florida roads. Many of these car 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 car accident attorney who can assess your options.

At Lusk, Drasites, & Tolisano, our experienced car accident lawyers work diligently for victims. We can vigorously seek the compensation that you deserve for the harm that you have suffered.

Causes of Rear-End Collisions

The National Highway Traffic Safety Administration estimates that 40% 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.

Proving Negligence

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 rear-end 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.

Wrongful Death Claim

If a rear-end 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.

Statute of Limitations

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 4 years from the date of an accident. Wrongful death claims have a shorter statute of limitations and must be filed within 2 years.

Our Legal Team

Our Florida car accident attorneys can advocate for residents near Cape Coral, Fort Myers, and Naples 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. Feel free to call us at (800) 283-7442.

Client Reviews
“We were stressed out enough after the accident that cut our vacation short. I did not want to deal with insurance and doctor bills. LD&T took care of everything. We were able to focus on just getting better. THANK YOU!” - Kim K.
"Lusk, Drasites and Tolisano have been so helpful with one of the hardest times of my life after a car accident. Mark Drasites and his assistant Rebecca have kept me informed the entire way and put me at ease. They truly care for their clients and put your best interest first. They have helped me to get the best ending result possible and I would highly recommend them to anyone looking for someone to represent them." - Jennifer H.
"I will highly recommend this firm to anyone. I went to Bruce l Schiner and to morgan and morgan, both of them turned me away, and would not take my case. I got Mark Drasites card from my doctor and not only did they take my case, I got $20,000 when my case was done. Mr. Mark and Rebecca took very good care of me and were always on top of everything. I would use this firm again if anything happens and I will recommend them to everyone I know." - TL K
"Best law firm in town! Attentive and professional staff always there to answer any questions or concerns." - Limenita C.
"Very professional staff. They treat you like family." - Karen R.