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Click To Call: 239-537-0439
Click To Call: 239-537-0439
A Cape Coral car accident lawyer can help you if you have been injured in a crash involving distracted drivers, speeding, driving under the influence, and other careless or reckless behavior. A motor vehicle collision can result in medical bills, lost wages, and a lot of questions about what to do next.
To effectively protect your interests, it can be extremely beneficial to have a clear understanding of your legal rights after an incident. The Caldarone Law Group, P.A., represents injured individuals in Southwest Florida and helps clients navigate the legal issues that can arise after a serious crash.
The Caldarone Law Group, P.A., represents injury victims throughout Southwest Florida. Founder Justin P. Caldarone is a former insurance defense attorney who understands how insurance companies evaluate and defend claims.
Our firm handles a wide range of personal injury matters, including motor vehicle accident cases and Criminal Defense matters, and pursues compensation for clients harmed by another party’s negligence. Attorney Caldarone is licensed to practice law in Florida and is admitted to practice in various federal courts.
Liability is typically based on a failure to drive with reasonable care under the circumstances. Common forms of conduct that support a negligence claim include distracted driving, texting while driving, speeding, following too closely, unsafe lane changes, red light running, and driving while under the influence of alcohol or drugs.
Drivers can also be held liable for crashes that occur after they fail to yield, disobey traffic signs, or operate a motor vehicle while they are fatigued. Evidence that a motorist violated a traffic law can often be used to help support a claim that the driver’s conduct contributed to a collision and the resulting injuries.
Determining fault is often accomplished through a careful review of the facts that contributed to the collision. Photographs, property damage, witness statements, surveillance video, and the electronic data contained within each vehicle can all be examined by insurance companies, attorneys, law enforcement officers, and, if necessary, accident reconstruction specialists. Although a police report may contain useful information, it will not, by itself, determine legal responsibility.
Fault is determined based on the evidence available, as well as each driver’s actions leading up to the accident. In 2024, 381,210 traffic crashes were reported statewide, according to the Florida Department of Highway Safety and Motor Vehicles, illustrating how frequently these incidents occur across Florida.
Florida is a no-fault insurance state, which means that injured motorists generally must first claim benefits under their own Personal Injury Protection coverage. Florida Statutes § 627.736 governs Personal Injury Protection coverage, which generally provides benefits for certain medical expenses and lost wages regardless of fault.
Nevertheless, Florida law generally requires a qualifying injury before an injured person may pursue certain damages against an at-fault driver outside the no-fault system.
Serious and permanent injuries, serious scarring or disfigurement, or the permanent loss of a bodily function that is important to the injured person are all factors that may allow a person to make an additional claim. In most cases, medical evidence and the facts of the accident will determine whether the injured party may file a claim outside of the no-fault system.
Car accident victims often suffer financial and personal losses that continue long after the accident itself. In the right case, victims may be able to recover compensation for their medical treatment and rehabilitation costs, prescription drug costs, lost income and wages, diminished earning capacity, and property damage to their car or truck.
Injured victims may also pursue compensation for pain and suffering, emotional distress, disability, loss of enjoyment of life, and other non-economic losses. The kinds and amounts of compensation available to car accident victims will vary widely depending on the circumstances and available evidence. Damages are typically calculated after a review of medical records, employment information, professional opinions, and other evidence of accident-related losses.
Insurers often conduct their own investigation into a case before they accept, deny, or settle a claim. Adjusters might look at the accident report, inspect vehicle damage, request medical records, interview witnesses, or ask the at-fault driver or the victim to provide a recorded statement. Information they uncover can then play a role in how liability and damages are determined.
Insurance companies may contest the seriousness of injuries, argue that a pre-existing medical condition contributed to the symptoms, or claim that some other factor played a role in causing the crash. Since statements and documentation you provide during an investigation can become important evidence, the way you handle communications with insurers could have a major impact on the progress and value of a claim.
Medical records, photographs, witness statements, and other forms of evidence often are important in proving liability and damages. Medical records may help link injuries to the accident, while photographs may show damage to vehicles and property, road conditions, or visible injuries. Witness statements may be able to explain how the accident happened. Surveillance video may provide additional evidence regarding how the collision occurred.
Cell phone records, vehicle event data recorders, repair estimates, and work records may also be relevant. Collisions in Cape Coral that occur on heavily traveled roadways like Del Prado Boulevard, Pine Island Road, or Cape Coral Parkway may have other evidence that can help explain what happened. It is important to preserve evidence early because records are not always kept indefinitely.
Police reports may also include information on parties involved, roadway conditions, and observations noted by the officer at the scene. In some cases, the testimony of professional witnesses such as accident reconstruction specialists or medical professionals may be used to resolve any disputed issues. The value of a claim may rest on the existence and quality of available evidence to support it.
Florida operates under a modified comparative negligence system as established by Florida Statutes § 768.81. Under that statute, the court or insurance company can consider the degree of fault apportioned to all parties involved in a collision. When an injured person is found partially responsible for a car crash, for example, the percentage of fault assigned to them might reduce the amount of recovery they receive.
Conversely, under Florida’s modified comparative negligence system, a plaintiff who is found more than 50% responsible for an accident generally may be barred from recovering damages from another negligent party. For these reasons, issues surrounding speeding, distracted driving, right-of-way violations, and other conduct can significantly impact a car accident claim.
Click To Call: 239-537-0439
Florida statutes impose time limits on many car accident claims. Florida Statutes § 95.11 sets a two-year deadline for filing a negligence claim based on a motor vehicle accident, subject to certain exceptions in specific cases.
In general, a person’s right to compensation may be jeopardized if a claim is not filed before the deadline. As the applicable statute of limitations often shifts depending on the case’s specifics, it’s generally beneficial to have a potential claim assessed without delay.
A crash might lead to injuries that aggravate a condition someone already had. People who had an existing injury or diagnosis prior to an accident are not necessarily precluded from compensation. Instead, the critical point is usually whether the impact exacerbated, hastened, or worsened the pre-existing condition. Medical documentation, physician assessments, and past treatment details are crucial when determining how an accident influenced the injuries claimed.
Car accident passengers in Florida can have legal rights, even if they were not the driver who caused the crash. In some cases, the passenger may be able to seek benefits through applicable insurance. The passenger may also have a claim against the at-fault party, depending on the facts and available insurance coverage involved.
Motor vehicle accidents are a major problem across Southwest Florida. Public crash records show there were 123 traffic-related deaths in Lee County in 2024. High traffic volume, population growth, tourism, and road congestion are all factors that may lead to crashes. These statistics highlight the continuing impact of motor vehicle accidents on drivers and families throughout the Fort Myers-Cape Coral region.
A car accident can cause many issues beyond vehicle damage. Questions of fault, insurance, medical care, and lost wages are common in the weeks and months after a crash. Knowing how Florida law applies to your case can help you decide what to do next.
The Caldarone Law Group, P.A., serves injury victims across Southwest Florida and guides clients through the legal process. Reviewing the details of the crash, collecting evidence, and knowing your legal options can all be important in a car accident claim. Schedule a consultation today to hire a car accident lawyer.
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