Each year, speeding causes many accidents in Florida and throughout the United States. This reckless behavior can endanger everyone on the road, including passengers in the speeding driver’s car. If you or someone close to you has been hurt due to a speeding driver, you may want to enlist a car accident lawyer to help you seek compensation for your injuries. At Lusk, Drasites & Tolisano, our knowledgeable Fort Myers speeding accident attorneys can aggressively pursue the damages that you deserve. We gain personal satisfaction from fighting for the rights of victims in settlement negotiations and in the courtroom.Holding a Driver Accountable for a Speeding Accident
Speeding is a contributing factor in many crashes. The National Highway Traffic Safety Administration (NHTSA) considers a crash speeding-related if the driver was charged with a speeding-related offense, or if an officer indicated that racing, driving too fast for conditions, or driving above the posted speed limit was a contributing factor. The NHTSA also reported that speeding was a contributing factor in 30 percent of all fatal crashes nationwide in 2012. The Insurance Institute for Highway Safety stated that 28 percent of deaths caused by motor vehicle collisions in 2014 in the United States involved speeding.
Someone who has been struck by a speeding driver has a legal right to file a negligence claim as a way to seek compensation for his or her harm. To prevail in a negligence lawsuit, a plaintiff must show that the speeding driver owed a duty of care to the plaintiff, the speeding driver breached this duty, and the driver’s actions were a direct cause of the victim’s injuries. Also, quantifiable damages must have resulted from the accident.
All Florida drivers owe a duty of care to other people who could be affected by their conduct, which requires them to take reasonable precautions. In other words, they must obey traffic laws and behave as a reasonable person would behave behind the wheel. Speeding well over the posted limit generally will be deemed to breach this duty of care, since a reasonable person would obey the law and refrain from taking unnecessary risks.
Typically, a victim in a motor vehicle collision case will be able to pursue damages for past, present, and future medical expenses, lost income and benefits, pain and suffering, property damage, and any other costs arising from the accident. Like other states, however, Florida imposes a time limit on when someone can file a personal injury claim. Under state law, a plaintiff has four years from the date of the accident to take legal action. Thus, acting promptly after a crash and working with an attorney who is vigilant about timelines is critical.Discuss Your Speeding Accident Case with a Fort Myers Attorney
Speeding accidents can have devastating consequences for drivers, passengers, bicycle and motorcycle riders, pedestrians, and others on the road. You can rest assured that our Fort Myers speeding accident lawyers will handle your case with the utmost care and diligence. At Lusk, Drasites & Tolisano, we are committed to pursing the maximum amount of compensation that is appropriate for each victim whom we represent. We also can assist people who need a motor vehicle collision attorney in Naples, Port Charlotte, Lehigh Acres, and Sarasota, among other Florida cities. Call us toll-free at (800) 283-7442 or contact us through our online form for a free consultation.