According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there were 403,626 car accidents in Florida in 2018, averaging to about 1,106 collisions per day. In Collier County, where Naples is located, there were 5,471 crashes in 2018, which resulted in 3,211 injuries and 44 deaths.
In a matter of seconds, a car accident can change your life. You could sustain a traumatic injury that might force you to miss time from work or require lifelong medical care. The costs associated with a car accident can be overwhelming.
If you or a loved one was involved in a car crash in Naples that led to a personal injury, you might be eligible to receive compensation for your damages. If the collision resulted in the death of a loved one, you might also be able to receive compensation through a wrongful death claim.
The Naples car accident lawyers from the Law Offices of Anidjar & Levine can help you recover the compensation for which you may be entitled. Our legal team can pursue financial recovery for your medical bills, lost wages, and pain and suffering.
Our law firm will help you gather supporting evidence that demonstrates the role that negligence played in your car crash. Call us today at 1-800-747-3733 for a free consultation. When you reach out to our team, we can discuss how one of our Naples personal injury lawyers may be able to help your case.
For a free legal consultation with a car accidents lawyer serving Naples, call (800) 747-3733
Our Law Firm’s Accident Attorneys Can Help You Determine Liability and Negligence
Determining liability in an auto accident is not always cut and dry. Sometimes, you could have multiple parties be responsible for your losses. Your attorney will need to have evidence to support your personal injury case. Our legal team can help retrieve medical records and other important documents that show the damages you incurred from the collision. We have helped many car accident victims in Naples win compensation for their injuries and associated damages; we want to do the same for you.
If you choose to work with the Law Offices of Anidjar & Levine, we can discuss what elements contributed to your car accident in Naples.
This could involve determining:
- Who was involved in the accident
- The cause of the collision
- If there were any witnesses who can support your claim
- The types and severity of your personal injuries
If there were multiple parties involved, you may be able to pursue compensation from each at-fault party, depending on how they contributed to the collision.
Some liable parties in your accident could include:
- A negligent motorist
- The employer of a commercial driver
- A parts manufacturer
- A government department or municipality
There might be other parties responsible for your accident than those we have listed here. Our law firm can conduct an investigation into the details of the collision to determine who could be held financially accountable for your losses. We encourage you to reach out to our team today for a free consultation.
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Proving Negligence Is a Key Aspect of Building Your Naples Car Accident Claim
For your car accident case to be successful, you must prove how another party’s negligence caused the collision. Negligent driving behaviors can manifest themselves in a variety of ways, with some of the top negligent behaviors listed by the Insurance Information Institute (III).
Some examples of negligent driving include the following:
- Driving under the influence of drugs or alcohol
- Distracted driving, such as texting while driving or eating and drinking
- Failure to yield right of way or obey a traffic control device
- Drag racing on public roads
- Reckless driving
- Merging without signaling
- Driving on the wrong side of the road or in “Do Not Enter” zones
- Driving while fatigued
- Failure to take proper precautions in inclement weather, such as rain, snow, or fog
- Making an illegal turn
To make their list, the III referenced a 2018 survey by the National Highway Traffic Safety Administration, which found that speeding and driving while under the influence of alcohol or drugs were the known leading causes of fatal car accidents. In 2018, speeding caused 8,596 fatal collisions in the United States (about 16.7% of all car crashes in the country) while driving while intoxicated caused 5,175 fatal collisions (10.1% of all collisions nationwide).
If a loved one passed away due to an auto accident in Naples, our law firm’s accident lawyers want to help you seek compensation for your losses. While not every collision results in a fatality, they can cause severe injuries to innocent parties. If we can show that another party neglected their duty to exercise a reasonable standard of care, a lawyer can begin building your case.
The Four Elements of Negligence
If another driver’s negligence caused your accident, our law firm’s accident lawyers must be able to prove the four elements of negligence to recover damages. These elements are a key aspect of personal injury cases. Being able to prove negligence will allow your lawyer to determine fault and liability, while also pursuing a fair settlement for your losses.
According to the Legal Information Institute (LII), the four elements of negligence are:
- Duty of care. This element focuses on how all motorists have an automatic duty of care to not cause harm to others while driving.
- Breach of duty of care. This element emphasizes how the at-fault party breached their duty of care, whether through negligence or failure to act in a reasonable manner.
- This element builds the argument that because the other party breached their duty of care, they caused the accident that harmed you.
- This element illustrates the damages you incurred from the accident, such as medical bills, lost income, and reduced earning capacity. The extent of your damages may emphasize how severe the accident was.
Proving these elements require evidence. When you call our law firm today for a free consultation, we can give more insight into what pieces of information could support your case.
Your Lawyer Will Use Evidence to Demonstrate Negligence
Providing supporting evidence will promote your case’s success. After your car accident in Naples occurred, you should check with your local law enforcement office to see if a police report got filed. Make sure the details of the report are accurate to your side of events. If not, you can ask for additional notes to be added to the police report.
Your insurance company may request a statement from you about the collision as part of their investigation. If you decide to work with a lawyer from the Law Offices of Anidjar & Levine, a team member can advise you on how to approach a call with your insurance company in a manner that could strengthen your case.
Our law firm’s accident lawyers can also help you gather evidence that demonstrates the other party’s negligence, such as:
- Witness testimonies
- Photographs and surveillance footage of the accident
- Expert testimony from an accident reconstruction specialist or medical professional
Beyond collecting documentation of how the accident occurred, our team will also focus on gathering evidence that supports the personal injury (or injuries) you sustained.
This may involve collecting:
- Photographs of your injuries at the time of the accident, at the hospital, or when they developed
- Ambulance and hospital records
- Medical records, including prospective treatment plans
- Pharmaceutical receipts for prescriptions
- Receipts for medical equipment required for recovery, such as crutches, a neck brace, or a wheelchair
- Journal entries describing the recovery period of your injury or injuries
Our law firm might be able to use different forms of evidence than those we have listed above. We encourage you to call the Law Offices of Anidjar & Levine for a free consultation.
Manufacturer Liability Focuses on Vehicle Defects and Malfunctions in Car Accidents
The National Highway Traffic Safety Administration (NHTSA) released a report in 2015 that discussed the primary causes of motor vehicle crashes in the United States. While 94% of collisions surveyed in the report were caused by driver error, about two percent of surveyed collisions were caused by vehicle error, malfunction, or defect.
The on-scene accident investigation might only have revealed exterior issues with the vehicle, such as with the vehicle’s tires, brakes, or steering column. However, with contemporary cars featuring more technological advances, it may be revealed with further investigation that a system error might have occurred. In other cases, an engine failure that led to an abrupt stop may be found upon a later inspection.
If a defect in your or the other party’s vehicle contributed to the collision or to your personal injury, our law firm’s accident attorneys may pursue damages from the vehicle’s manufacturer.
Common examples of vehicular defects include:
- Broken seat belts
- Faulty airbags
- Stuck accelerators
- Malfunctioning brakes
- Faulty tires
- Engine problems
- Computer system problems
- Steering, suspension, or transmission errors
Proving manufacturer liability involves establishing that the defect caused the accident that harmed you. To demonstrate this element, your lawyer might work with engineering consultants who can provide further insight into the roadworthiness of the vehicle. This information might shed light on how the car’s defect not only contributed to the accident but also worsened your injuries.
For example, if the airbags in your car did not deploy, resulting in your injuries, your lawyer might be able to hold the vehicle’s manufacturer responsible for your damages.
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Local and State Municipalities May Be Liable for Improperly Maintained Roads
Florida Statute § 316.006 assigns jurisdiction of state roads to the state of Florida, county roads to their appropriate county, and all other roads and highways to chartered municipalities (in this case, Naples, Florida). By law, local and state governments must adhere to traffic regulations and maintain the safety of their roads according to standards set by the Florida Department of Transportation.
Depending on where your auto accident took place in Naples, you may be able to hold the city of Naples, the county, or the state liable for your losses. Naples roads and highways must include certain safety features to minimize the risk of accidents.
Your personal injury lawyer might be able to recover damages for your Naples accident if the road you were injured on lacked one or more of these features:
- Traffic control devices.A missing, misplaced, or hard-to-see stop sign, yield sign, or other traffic control device can significantly increase the chances of an accident. Traffic lights that malfunction must also be addressed as soon as possible to avoid collisions at intersections.
- Guard rails or other barriers.Roads built near embankments or steep drops must feature physical barriers to protect drivers. If these barriers are missing or damaged, the entity responsible for the road’s upkeep could be liable for any accidents.
- Road surfaces. An unsafe or poorly maintained road surface can be a contributing factor in an accident. This also includes potholes and unevenly paved streets. If unsafe road conditions were reported to the appropriate entity, and no action was taken to fix them, a municipality may be held liable for negligence.
Private roads in Naples may be under the jurisdiction of a homeowners’ association, which can also be held liable if the organization neglected the upkeep of their roads. Otherwise, private roads may still be under the jurisdiction of county departments.
Your Naples attorney can determine which party could be held liable if your injuries were caused by road design errors or a lack of traffic safety controls.
If you were injured or lost a loved one due to a car accident in Naples, FL, you might be eligible for compensation to recover your damages. Speak with a team member at the Law Offices of Anidjar & Levine to learn more about your legal options, including proactive steps you can take to start building your case. Call us at 1-800-747-3733 today for a free consultation.
You Could Recover Multiple Types of Damages Following a Car Accident
Car crash victims may incur significant costs during their recovery period. In severe cases, victims might sustain permanent damages that require ongoing medical care for the rest of their lives. Some auto accident injuries—particularly those to the head and spine—can reduce people’s earning capacity by limiting the type of work they can do.
The National Safety Council (NSC) reported average economic costs of car accidents, ranging from collisions where no injury occurred to fatal accidents. These cost estimates are based on a per person or per death basis and factor in wage and productivity losses, property damage, medical expenses, and other financial considerations. The NSC estimates that a car crash involving a disabling injury can average to about $96,200 worth of economic costs while a fatal accident may rack up $1,659,000 worth of damages.
These estimates only factor in economic costs and do not consider noneconomic damages, like pain and suffering. Economic costs refer to measurable expenses, such as medical bills, lost wages, and vehicle repair. Noneconomic costs refer to damages that may not have a set monetary value and are usually factored into the total amount of damages. These damages may include emotional distress, grief, psychological trauma, and loss of enjoyment of life.
Your Naples, FL, car accident lawyer can examine the details of your case and pursue multiple damages on your behalf.
You may be able to recover compensation for:
- Medical bills, including the cost of the ambulance and hospitalization
- Physical therapy and rehabilitation
- Mental health counseling
- Lost wages from time spent away from work
- Reduced earning capacity, including lost future earnings
- Vehicle repair or replacement
- Home modifications to accommodate a disability, such as a wheelchair ramp
- Pain and suffering
- Funeral and burial costs
- Loss of consortium
- Loss of enjoyment of life
Our team at the Law Offices of Anidjar & Levine will fight to get you the compensation you need to recover your losses. Our law firm’s accident attorneys may work with medical professionals, physical and occupational therapists, and expert witnesses to determine the extent of your injuries and how they might impact your life going forward.
If you lost a loved one in an accident, we can pursue a wrongful death claim on top of any other applicable damages. Call us today to discuss the details of your case.
Recoverable Damages in a Wrongful Death Claim
Our team understands the hardships that come along with a sudden, unexpected death caused by negligence. A car crash can be a tragic event for family members to cope with, especially if it could have been avoided. If you lost a loved one due to negligence in an auto accident in Naples, your family may be eligible to pursue a wrongful death claim on your loved one’s behalf.
According to Florida Statute § 768.21, direct surviving members of the decedent “may recover the value of lost support and services from the date of the decedent’s injury to her or his death, with interest, and future loss of support and services from the date of death and reduced to present value.”
When calculating the cost of “lost support and services,” your lawyer might take into consideration:
- The relationship between the decedent and the party filing the wrongful death action
- The decedent’s probable net income
- Loss of companionship and protection
- Loss of parental companionship, instruction, and guidance
- Loss of earnings, based on the potential life expectancy of the decedent
Not every family member may be eligible to file a wrongful death claim on the decedent’s behalf. For example, siblings and non-lineal family members may not be able to file a wrongful death claim.
Family members who could be eligible to file this type of legal action include:
- The spouse of the decedent
- Minor children of the decedent, or all children if there is no surviving spouse
- Parents of the decedent, if the decedent was a minor child or if there are no other survivors
- A personal representative of the decedent for purposes of collecting their estate
One of our personal injury lawyers can determine whether you are eligible to pursue legal action for the death of your loved one. They can also take the time to review the facts of your case and determine what damages you might be able to recover.
You Must File a Lawsuit Within the State’s Statute of Limitations
Florida Statute § 95.11 generally allows four years for people to file a personal injury lawsuit based on negligence. Failure to file within the state’s statute of limitations may forfeit your ability to collect compensation for your accident-related damages.
Keep in mind that while four years may seem like a large window of opportunity, some evidence in your case will not last that long. Witnesses’ memories might fade over time, or security camera footage could be automatically deleted after a certain period. You reasonably want to take measures that work to promote your case’s success.
However, per Florida Statute § 95.051, some exceptions might grant you additional time to act. For example, if the party who caused the collision fled the state or purposefully concealed their identity, you could be granted extra time to file a lawsuit. Additionally, if you were injured as a minor, you might be given more time from the date of your eighteenth birthday to recover damages.
Regardless, do not hesitate to take action. During your free consultation, a member of our team can listen to the details of your case and determine how long you have to act.
Call the Law Offices of Anidjar & Levine Today
After being injured in a car accident, pursuing compensation on your own can quickly become challenging. An attorney can give you the support you need when pursuing a personal injury claim or lawsuit. At the Law Offices of Anidjar & Levine, we have years of experience fighting on behalf of Naples car crash victims. We can apply our resources and knowledge toward getting you a fair outcome.
If you or a loved one suffered an injury in a car accident in Naples, FL, call the Law Offices of Anidjar & Levine today to discuss the facts of your case. Our legal team can examine the details of your situation and advise you on your legal options. We are ready to help you get the compensation for which you may be entitled. Call 1-800-747-3733 today for a free consultation.