Auto Accidents

Published on: October 17, 2019

Florida’s Choice of Law Doctrine in Car Accident Lawsuits

It’s imperative when you take a personal injury case to court that you are not only doing so in the appropriate jurisdiction, but that you are applying the correct laws. Although it comes as a surprise to some, just because a case is litigated in Florida doesn’t necessarily mean Florida law should be applied. car accident lawyer

Generally, Florida law is applied to cases litigated in Florida. However, if an argument can be raised under the Choice of Law doctrine, the court can decide to choose to conduct a choice of law analysis.

As our Fort Myers car accident lawyers can explain, this can have a major impact on the proof burden or the remedies to which one is entitled. Some state standards are more relaxed, others more stringent. Sometimes, it’s federal law that must be applied. It’s necessary early on in each case to ascertain the appropriate jurisdiction – and choice of law – applied to all or any aspect of the case. Continue reading

Published on: September 30, 2019

Legal Options for Cape Coral DUI Wrongful Death

by Leland Garvin

Cape Coral drunk driving injury lawyer An alleged drunk driver who fled from the scene of a deadly crash in Sarasota this spring was arrested on charges related to the crash, including DUI manslaughter and leaving the scene of crash with death and serious bodily injury, as well as unrelated drug trafficking charges.

Authorities believe alcohol was a key factor in the crash, which killed a 70-year-old woman and critically injured her infant grandson. The driver suspected of DUI, as well as another motorist, sustained minor injuries.

As our Cape Coral DUI wrongful death lawyers can explain, criminal charges aren’t the only course of legal action available to victims of DUI accidents.

Published on: September 23, 2019

The Heavy Price of Florida Truck Accidents

by Leland Garvin

A spate of serious and fatal Florida truck accidents has drawn attention to the fact that such collisions are on the rise – here and across the country, prompting safety officials and trucking carriers to weigh possible solutions.

State and federal crash data show that large semi-trucks are a substantial part of the reason Florida drivers face so much danger on thoroughfares like I-75.

In a single recent year, there were more than 4,300 large truck accidents just in Florida alone – more than 70 percent of those being the occupants of other vehicles, thanks to the size disparity between semis and passenger cars. In 2017, there were nearly 32,000 large truck crashes in the U.S.

As our Fort Myers truck accident lawyers can explain, part of making our roads safer in the face of increasing commercial truck presence is holding accountable the drivers, trucking carriers, shippers and other parties responsible when their negligence causes or contributes to the seriousness of a crash.

Sometimes, that accountability happens in criminal court. That’s the case in North Fort Myers, where a commercial truck driver ran a red light and killed another motorist, age 61, in June. Now, the 31-year-old trucker has been charged with reckless driving and vehicular homicide.

However, change can also come about from civil damage awards. Although civil cases, in general, are intended to be compensatory and not punitive, the damage awards in these cases are a proven incentive for trucking companies to adhere to federal regulations – in some cases, taking initiative to take additional safety precautions in the future. Continue reading

Published on: September 9, 2019

Amazon Delivery Accidents – Florida Injury Lawyers Fight for Accountability

by Leland Garvin

In its dogged push for e-commerce dominance, tech firm Amazon.com, Inc. has spent years building a massive logistics empire, all on the promise of getting your stuff to your door in as little time as possible. It’s fast, reliable – and all-too-often deadly. Amazon delivery accidents are increasingly common not only because the company is ubiquitous, but its drivers are rushed and under intense pressure.

Fort Myers Amazon delivery accidents Amazon is a $1 trillion company, the founder’s net worth climbing by some $260 million daily, but according to a recent co-report by The New York Times and ProPublica, the company has been less-than-generous in covering the human costs associated with Amazon delivery accidents.

Part of what makes establishing liability so difficult is the fact that Amazon, in an effort to reduce any dependence on long-time carriers like UPS, has forged a vast network of independent contractors, each supplying their own vehicles and drivers. On the one hand, this does allow the firm to shrink and expand its delivery forces as necessary, with the added bonus of avoiding payment of benefits and workers’ compensation when injuries occur.

Published on: August 26, 2019

Cape Coral Car Accident Lawyers: Tort Reform Doesn’t Slash Insurance Costs

by Leland Garvin

Tort reform advocates are once again beating the same old drum, insisting that if Florida would only lower its litigation costs, auto insurers could lower their rates for the rest of us.

personal injury lawyer

Cape Coral car accident lawyers know the main problem with this line of reasoning is it doesn’t hold up under scrutiny.

As one auto insurance lobbyist testified not long ago, “It’s a misnomer to ever really believe that your rates are going to go down. There are so many pressures for it to go up: Medical costs continue to go up, the cost of the vehicle continues to go up, the amount of wages that you have to compensate for continues to go up. So maybe what you do is slow the rate of rise.”

Even that is a pretty big “maybe.” More than likely, what happens is insurance firms and other large corporations benefit, while those most seriously injured receive less compensation. Continue reading

Published on: August 20, 2019

Florida Bicycle Accident Risk Doesn’t Spare Children

by Leland Garvin

It was the young family’s ritual every weeknight evening to go for a bicycle ride after dinner, strapping their baby girl in an approved safety seat before riding through their Central Florida neighborhood sidewalks. It helped lull the 18-month-old to sleep and gave mom and dad the chance to connect and stay active. But the last time they headed out for a ride three months ago would be the last time they would all be together. childbicycle-200x300

A horrific Florida bicycle accident, allegedly caused by an uninsured, impaired driver who jumped the curb, resulted in the girl’s death. Her father remains in a coma with severe brain trauma. The girl’s mother suffered a broken back and leg and struggles to walk.

Florida is among the most dangerous places in the U.S. to ride a bicycle – and our Cape Coral bicycle accident attorneys know it’s been that way for years. Most roadways were built with maximum speed and motor vehicle traffic in mind. Few are equipped with bicycle lanes. Drivers are distracted (increasingly by smartphones), impaired or fatigued, and we have a densely-packed population. And bicyclists are among the most vulnerable road users. When they collide with cars – no matter who was at fault – it’s the person on a bicycle who is always injured worst. Continue reading

Published on: May 31, 2019

Florida Lawmakers Target Distracted Drivers

by Leland Garvin

Florida motorists can soon be stopped and ticketed for using their cell phones while driving. At least when it comes to text messaging.

Gov. Ron DeSantis signed a measure this month that will make texting while driving a primary offense, meaning a police officer can stop and ticket a distracted driver caught texting, web surfing or using social media while behind the wheel. Florida’s existing law was a secondary offense, meaning drivers had to be stopped for another traffic violation before a distracted-driving citation could be issued. image of couple driving in vehicle; driver has his phone out

Our car accident lawyers in Fort Myers and Cape Coral continue to see far too many traffic collisions caused by distracted drivers. The National Highway Traffic Safety Administration reports more than 3,000 motorists are killed each year in collisions involving distraction; but by some estimates, one-third of all traffic collisions involve driver distraction, resulting in more than 10,000 road deaths each year.

Published on: May 15, 2019

Summer Motorcycle Safety Awareness in SWFL

by Leland Garvin

Florida is the most popular state in the nation for motorcycle riders.

It is also the most dangerous. ridersafety-300x261

May is Motorcycle Safety Awareness Month. Our motorcycle injury attorneys in Fort Myers encourage motorists to take seriously safety messages like “Look Twice, Save a Life.” Do not assume motorcycle safety is a rider’s responsibility. Most riders do whatever they can to stay safe. The reality is that the vast majority of motorcycle accidents involving passenger vehicles are the fault of the vehicle’s driver.

Published on: May 2, 2019

Florida Car Accident Lawsuit Alleges Rideshare App Distracted Driver

by Leland Garvin

A South Florida car accident lawsuit alleges rideshare technology used by Lyft Inc. is unreasonably dangerous as designed, contributing to driver distraction and increasing the risk of serious crashes. Lyft, like the other ride-share technology platforms, doesn’t own a fleet of vehicles nor does it technically employ the drivers. The app connects people looking for rides with vetted drivers, insured by Lyft’s liability policy when the app is in use, despite the drivers’ independent contractor status. car accident lawyer

Fort Myers injury lawyers know Lyft, Uber and other rideshare services have paid a fair number of Florida car accident lawsuit claims, alleging the drivers were negligent in causing crashes that resulted in injury. Rideshare drivers have been accused of distraction before, but not, to our knowledge, specifically in relation to use of the app itself.

This complaint, filed in the 15th Judicial Circuit Court in Palm Beach County, states that the crash occurred in January on State Road A1A as plaintiff was exiting local resort where she worked on foot. The lawsuit alleges that the plaintiff has suffered extensive injuries, including brain trauma as a result of a driver who was distracted by the required Lyft app. Continue reading

Published on: March 15, 2019

Teen Drivers at High Risk of SWFL Traffic Accidents

by Leland Garvin

The National Safety Council has launched “DriveitHome,” a nationwide campaign urging parents to play an active role in their child’s driving education.

Here in Southwest Florida, our car accident lawyers in Fort Myers and Cape Coral know teenagers and young adults are involved in a disproportionately high number of serious and fatal motor vehicle collisions. Most parents believe they understand the risks and are doing enough to help educate their young drivers; however, traffic collisions remain the leading cause of death for children. Put another way, your child is more likely to die in a traffic collision than by any other means. ambulance-300x201

Drivers under the age of 19 are three times more likely to be involved in a fatal traffic collision than drivers over the age of 65, the second-most-dangerous age group. The DriveitHome campaign reports more than 2 million young drivers take to the roads each year and are involved in nearly 1 million reported crashes. Nearly half of all crashes occur at night, despite far fewer drivers on the roads.