AGGRESSIVE DRIVING ACCIDENTS
UNINSURED / UNDERINSURED MOTORIST CLAIMS
MEET OUR ATTORNEYS
Adam Baros, Esq
Jason Weisenberg, Esq.
Car Accident Attorney in the Coral Springs Area
Getting behind the wheel is one of the most important responsibilities that someone can undertake in our society. Even if we think we are in control, simple distractions or decisions can result in severe injuries and costs to other people on the road. One of the most severe types of car accidents that occur on a regular basis is a head-on collision. These crashes may result in extensive physical injuries, property damage, and even death. Experienced car accident lawyer Adam Baron can advise victims in Naples and the surrounding cities on seeking the compensation that they and their families deserve after falling victim to another driver’s carelessness on the road.
Seeking Compensation from a Negligent Driver for a Head-on Crash
A head-on collision usually happens when someone was driving negligently. The theory of negligence examines the care and skill that the defendant exhibited at the time of the collision, compared to how a reasonably prudent driver would have acted in the same situation. If the defendant failed to drive with as much care as a reasonably prudent motorist would use, he or she has breached the standard of care. When a head-on collision happens because a driver failed to adhere to traffic laws and regulations, the defendant has committed a per se breach of the standard of care, since a reasonably prudent driver would obey all traffic laws and regulations. Many head-on collisions occur as a result of a driver’s failure to yield at a red light or stop sign before entering an intersection, or as the result of crossing over the center yellow line on a two-lane road.
After showing that the defendant failed to operate his or her vehicle according to the standard of care, the plaintiff needs to prove that this failure was the direct cause of his or her injuries. The defendant may suggest that some other factor besides his or her breach of the standard of care caused the accident to occur, like severe weather, poor road conditions, or a roadway hazard. An accident reconstructionist can help the victim show that he or she would not have suffered injuries but for the defendant’s lack of care.
After proving duty, breach, and causation, the plaintiff must also provide support for the amount of compensation that he or she is seeking in the lawsuit, including medical bills, physical therapy costs, and any wages lost as a consequence of the harm that the victim sustained. In severe cases, the plaintiff’s injuries may result in permanent and lasting symptoms that prevent the plaintiff from returning to work entirely. In this case, the defendant may be required to compensate the plaintiff for the loss of his or her future earning capacity.