Estero Car Accident Lawyer
Ships sink, trains derail, and planes crash, but in the minds of many, car wrecks are “accidents.” The A-word implies that a vehicle collision was an inevitable and unavoidable event that no one must take responsibility for. The misuse of “accident” began in the early 1900s. Back then, to draw attention away from their dangerous factories and blame workers for on-the-job injuries, employers described plant explosions and other disasters as “industrial accidents.”
The struggle to obtain fair compensation in court begins by dispelling the accident/wreck myth. Once the Estero car accident lawyer at Cardinal Law accomplishes this task, the floodgates usually open. Our legal team has dispelled this myth many times in the past. So, when insurance companies see our name, they know the victim means business, and they know they must agree to a favorable out-of-court settlement to avoid a disaster at trial.
What Causes Car Crashes?
Driver impairment, aggressive driving, or some combination of the two causes over 98 percent of the car crashes in Florida.
Under the duty of care, which applies to all Florida motorists, drivers must be at their best, mentally, physically, or otherwise. Driver impairment breaches (violates) the duty of care. Example of driver impairment include:
- Drugs/Alcohol: About half the tortfeasors (negligent drivers) who cause fatal crashes were under the influence of drugs and/or alcohol. Substance impairment, which includes poor judgment and slow reflexes, begins with the first puff, pill, or sip. Additionally, under Florida law, a commercial establishment that provided the drugs or alcohol could be financially responsible for damages in these cases.
- Medical Condition: Colds and flus cause irritating symptoms like sneezing, coughing, and watery eyes. These physical symptoms drastically reduce driving ability by as much as 50 percent. A more serious medical condition, like diabetes or heart disease, could cause a tortfeasor (negligent driver) to suddenly lose consciousness behind the wheel and cause a dangerous out-of-control collision.
- Extreme Fatigue: The major kinds of driver impairment often overlap, and fatigue is a good example. Drowsiness and alcohol both affect motor skills and judgment ability. In fact, driving after eighteen consecutive awake hours is like driving with a .05 BAC level. Furthermore, many drivers, especially commercial drivers, use amphetamines and other drugs to stay awake. These drugs usually do much more harm than good.
If driver impairment caused a crash, an Estero car accident lawyer can often obtain additional compensation. Arguably, these drivers ignored a known risk when they got behind the wheel while sick, fatigued, drunk, or stoned.
Speeding, which increases the risk of a wreck and the force of a wreck, may be the most common, and most dangerous, kind of aggressive driving. Speeding drivers have less time to react to a changed situation. Furthermore, according to Newton’s Second Law of Motion, speed multiplies the force in a collision between two objects.
Other kinds of aggressive driving that often cause wrecks include turning unsafely and ignoring a traffic control device.
Liability Issues for an Estero Car Accident Lawyer
Right off the bat, we should clarify the difference between fault, which is like a football game’s halftime score, and liability, which is like a final score. The final score, like legal liability, is all that matters. So, even if an investigator said you were at fault for a car crash, maximum compensation (a come-from-behind win) is still possible.
Common liability theories in car crash cases include ordinary negligence, or a lack of ordinary care, and negligence per se,, or the violation of a safety law. In both cases, compensation includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
A bare-bones case isn’t enough. Various insurance company defenses could apply, and a lawyer must be ready to refute these defenses.
Work With a Tough-Minded Lee County Lawyer
Injury victims are entitled to substantial compensation. For a free consultation with an experienced Estero car accident lawyer, contact Cardinal Law, P.A. We do not charge upfront legal fees in these matters.