Determining liability for car accidents in Fort Myers, Florida, depends on the specifics of each case. To learn more about Fort Myers car accident liability, including who may be liable in your case and whether you have the right to sue, keep reading.
Fort Myers Car Accident Liability
Car accidents can happen in many ways. Sometimes, there is only one definitive cause, but multiple factors often combine to cause a crash. A U.S. Department of Transportation (DOT) study places the most common car accident causes into the following three categories:
Getting behind the wheel is a serious responsibility. Unfortunately, not all drivers understand that. They may:
- Ignore traffic lights or signs
- Drive too fast
- Fail to signal properly before changing lanes
- Not get enough sleep
- Be paying attention to something other than the road
When you buy a car, you assume the companies who manufactured and assembled it were diligent in their work, only used safe auto parts, and so on. Likewise, when you bring your car to a maintenance company, you expect them to spot any problems and fix them in a timely fashion.
If an auto part manufacturer or a maintenance crew failed to notice something they should have, they might be liable for your accident.
This scenario can refer to two different factors:
- Bad weather, which can decrease visibility or create slick spots where it is easy to lose control
- Problems with the roadway (e.g., unfilled potholes) that may increase the risk of a collision
In the latter case, the liable party may be the contractor responsible for maintaining the road.
The Liable Party May Owe You Compensation
How do you know who is liable for your crash? You may have figured that out while still at the accident scene (e.g., the driver admitted they were at fault, or there was an obvious problem with the road).
In other cases, however, you may have to wait for the police report or hire an attorney to conduct an independent investigation.
Once you know who to sue, you can notify them about your lawsuit and state what types of damages you are seeking. Those damages may include:
- Pain and suffering: Physical and emotional trauma stemming from the crash had negatively impacted your life.
- Loss of consortium: Your relationship with your spouse has suffered or even ended because of the accident.
- Diminished quality of life: Because of your injuries, you need help with everyday activities, such as cooking, cleaning, or getting dressed.
- Medical expenses: Your injuries needed any form of treatment, from an emergency check-up immediately after the accident to lifelong care.
- Lost wages: You lost money when you stayed home from work to recover from the accident.
If you are filing a wrongful death lawsuit on behalf of a deceased loved one, you may qualify for additional damages such as:
- Loss of companionship: The accident has prematurely deprived you of your loved one’s affection, support, and company.
- Funeral expenses: You paid for your loved one’s funeral, burial, estate settlement, or other end-of-life expenses.
- Loss of financial support: You must figure out how to support yourself and your family without the income from your deceased loved one’s job.
A Lawyer Can Guide You Through the Legal Process
You do not have to file a lawsuit by yourself if you are not feeling up to it. Instead, you can take advantage of your right to legal representation and hire an attorney. With a lawyer on the job, you can let them deal with:
- The liable parties: Your lawsuit does not officially begin until you (or your attorney) send written notification to the party you are suing.
- The witnesses: Eyewitness accounts can be invaluable in proving that you qualify for compensation. A lawyer can track down those who saw your accident and get statements, photos, and video footage from them.
- The insurance company: Assuming the liable party was properly insured, you will be receiving your compensation from their insurer. Your attorney will meet with them and fight hard for every dollar you are entitled to receive.
- The courts: Your case may or may not go to court. If it does, you can depend on your lawyer to prepare your case and represent you at the trial.
If you are looking for a Fort Myers car accident lawyer, please call the Law Offices of Wolf & Pravato. Based in Fort Lauderdale, we will spend as much time as you need explaining Fort Myers car accident liability, your right to compensation, and all other aspects of your case.
To learn more about our prompt communication, attentiveness, and how we treat our clients like family, consider checking out our glowing reviews.
Contact us today at (954) 633-8270 to get started.