Motor vehicle collisions can happen on any road, but they are perhaps most dangerous when they happen on a highway. Some of the country’s busiest interstates pass through Florida. Highway accidents may occur because people are driving too fast for the conditions or are engaging in distracted driving activities like using their cell phones or operating the radio. These crashes often result in devastating injuries, such as spinal cord injuries, paralysis, and brain damage. At the Law Offices of Adam Baron, our experienced Naples car accident attorneys have handled many complex collision cases and understand what it takes to assert a victim’s rights.Holding a Negligent Driver Accountable for a Highway Accident
If you have been hurt in a highway accident, you likely can bring a claim against the driver who was responsible for your injuries. In a personal injury action, you must show that the defendant acted negligently at the time of the collision. Negligence is a legal standard that governs the level of care that we all must exercise on a daily basis. In the context of driving on the freeway, we have a duty to use the same care that a prudent and reasonable driver would use in a similar circumstance.
This includes not only driving at a speed that is legal and safe for the existing conditions but also taking precautions such as traveling at a safe distance from other vehicles, paying attention to the roadway, using signals when changing lanes, and obeying any traffic rules and regulations that may apply. For example, situations in which motorists must exercise particular caution include severe weather and rush hour traffic. If the plaintiff can show that the defendant did not act according to this duty, the plaintiff has established that the defendant was negligent.
Once the plaintiff has shown the defendant’s negligence, he or she must prove that this negligence was the direct cause of his or her injuries. In other words, the plaintiff would not have been hurt if the defendant had met the applicable standard of care. Under Florida law, if the plaintiff’s own negligence contributed to the accident, the jury can assign a percent of fault to the plaintiff. While a damages award would be reduced as a result, it would not be completely eliminated unless the plaintiff was entirely responsible for the accident. This is known as the pure comparative negligence rule.
Damages that may be available to victims of highway accidents often include hospital bills, the costs of future treatment, missed paychecks, loss of earning capacity, property damage, pain and suffering, and scarring and disfigurement, among other forms of economic and non-economic harm.Consult a Naples Attorney after a Car Accident
If you or someone you love has been hurt as the result of a highway accident, you should consider pursuing compensation. At the Law Offices of Adam Baron, we understand how traumatic and stressful this situation can be. Our Naples car accident lawyers can provide you with the personalized and dedicated legal counsel that you deserve. We also represent people in Coral Springs, Fort Myers, North Miami Beach, Tamarac, and other cities in Broward and Miami-Dade Counties. Contact us online or call us at one of our regional locations to set up a free consultation with a motor vehicle collision attorney. We can be reached in Broward County at (954) 247-4878, Miami-Dade County at (305) 770-2131, or Naples/Fort Myers at (239) 352-5511.