Auto Accidents

Published on: May 15, 2019

Summer Motorcycle Safety Awareness in SWFL

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.

Published on: February 28, 2019

Spring Break Dangerous Time for Tourist Injuries in Southwest Florida

by Leland Garvin

The Minnesota Twins and Boston Red Sox have rolled into town for Spring Training and Spring Breakers are right behind them.

The next two months will be the most exhilarating of the year in Southwest Florida; and the most dangerous. tourbus-300x185

Over the next two months, nearly 1.5 million people will visit Lee County, about twice the county’s residential population, adding more than $1 billion to the local economy. Our injury lawyers in Fort Myers know traffic accidents are a primary threat, but far from the only risk facing visitors and residents through the height of tourist season.

Published on: November 21, 2018

Recovering Damages After Hit-and-Run Accident in SWFL

by Leland Garvin

Police are looking for the driver who struck a group of people in a Fort Myers parking lot before speeding away. Lehigh Acres car accident lawyer

WINK News reports a woman driving a red four-door car drove into the group of pedestrians just off Marsh Avenue in Fort Myers. Police were trying to determine whether the driver did so intentionally before driving away. One adult and two children were taken to the hospital.

Unfortunately, hit-and-run collisions are a common occurrence in Southwest Florida.

Consulting an experienced car accident lawyer in Fort Myers can determine the best course of action following any traffic collision.

Published on: October 31, 2018

SWFL Explosive Growth Increases Road Risks

by Leland Garvin

Fort Myers has again been named the fastest growing city in America. Fort Myers car accident attorney

Fox4 News reports Lehigh Acres has ranked the seventh fastest growing city in America with Cape Coral ranked 24th. The annual Wallet Hub report looked at the economic growth in 515 cities over the last seven years to come up with the list.

With the accolades come the accidents. The end of Daylight Savings Time on November 4th will bring early darkness to the afternoon commute. Snowbird and seasonal traffic will soon follow, making it a great time to emphasize the need for improved road safety as we head into the year-end holidays.

The reality is that decades of explosive growth have made the roads of Southwest Florida increasingly dangerous; meanwhile, the Lee County Commission has continued to pander to developers and keep in place deeply slashed development “impact fees” which have left our roadway and pedestrian infrastructure outdated and massively underfunded.

Our growth has been staggering by any measure. Lee County’s population was barely 100,000 in 1970. By the year 2000, we had grown to 440,000 and today we are nearing 800,000.

Published on: September 15, 2018

Drunk Drivers an Autumn Risk in SWFL

by Leland Garvin

Labor Day weekend was marred by several drunk driving accidents in Southwest Florida.

The Florida Highway Patrol provided extra enforcement as part of the national Drive Sober or Get Pulled Over campaign, beginning August 15th and lasting through Labor Day weekend. It will be one of a series of enforcement blitzes as we head into the fall holiday season. While Labor Day is one of the deadliest in the nation, Thanksgiving, Christmas and New Years typically prove deadlier. The start of fall football season also results in a measurable uptick when it comes to drunk driving crashes. Whether high school football under the Friday night lights, or cheering for your favorite college or pro football team, fans are encouraged to be responsible party hosts, and to make a commitment to never drink and drive. beer-taps-1-300x225

“If you are under the influence of alcohol or any substance, be responsible and have a designated driver to get you to your destination safely,” said Colonel Gene S. Spaulding. “There is never an excuse for impaired driving.”

Published on: September 10, 2018

Three Vehicles strike Lehigh Acres Pedestrian in Fatal Hit-and-Run

by Leland Garvin

A 50-year-old woman was killed in a Lehigh Acres pedestrian accident after being struck by three vehicles, two of which fled the scene, according to FOX4 News.

Florida Highway says the incident happened Tuesday, September 4th just before 9:30 p.m. on Homestead Road North, near Plaza Drive. FHP reports the woman was attempting to cross the northbound lanes of Homestead Road from the McDonald’s when she was hit by three northbound vehicles. intersection1-1-300x225

This unfortunate tragedy highlights the growing risk of walking in Southwest Florida. Burgeoning population growth has led to rapid development, often with little forethought or planning when it comes to the safety of cyclists and pedestrians. In fact, Smart Growth America’s landmark study, Dangerous by Design, found the Fort Myers-Cape Coral area is the most dangerous metro area in the nation for walkers. Eight of the nations top 10 most dangerous cities are located in Florida. Orlando-Kissimmee-Sanford ranked third, followed by Jacksonville, Deltona-Daytona Beach, Lakeland-Winter Haven, and Tampa-St. Petersburg-Clearwater. North Port-Sarasota-Bradenton followed closely, ranked the tenth most dangerous.

Published on: August 14, 2018

Does Florida Law Require Bicycle Helmets? Will it Hurt My Injury Case If I Wasn’t Wearing One?

by Leland Garvin

As a general rule, bicycle helmets are a smart investment in safety for all cyclists, regardless of age or skill – especially in Florida, which has the unfortunate, long-running reputation as the most dangerous state in the U.S. for riding. The Insurance Institute for Highway Safety reported of the thousands treated in hospital emergency rooms nationally for bicycling injuries, traumatic brain injuries account for 60 percent of deaths, 67 percent of hospital admissions and 33 percent of injuries. Only 17 percent of all cyclists killed in crashes were wearing helmets.

If you weren’t wearing a helmet at the time of your bicycle accident, it’s important to understand how Florida helmet law will – or won’t – affect your claims and/ or litigation.

What is Florida’s Bicycle Helmet Law?

bicycle accident Legally, there is no universal Florida helmet law or even bike helmet law in Florida for that matter. If you’re 16 or older, you don’t have to wear one. However, if you’re younger than that, the law says you must wear one that meets federal safety standards, fastened to your head securely with a strap.

However, a defendant in a Fort Myers bicycle accident cannot use your decision to wear a bike helmet – or to ensure your child is wearing one – as a means to gain the upper hand in the case. The defense strategy, existing in some states that don’t expressly forbid it, involves asserting that a cyclist’s decision to forego the known protection of a helmet, is an act of contributory negligence resulting in exacerbated trauma that otherwise would not have been sustained, and therefore, the defendant shouldn’t be responsible for the full extent of your injuries.

While a rider’s lack of wearing a helmet will likely be mentioned at trial, Florida law expressly prohibits the jury from reducing monies for damages due to your lack of wearing a helmet. Continue reading

Published on: November 14, 2017

Will the Florida Legislature finally protect Florida Drivers and their Wallet?

by Leland Garvin

Last legislative session, the Florida legislature failed to pass a bill that would have required mandatory bodily injury insurance for drivers in Florida. The bill would have replaced laws enacted in 1971 as part of a no fault automobile insurance plan. This change in law aims to replace the current no fault system under which Florida drivers are forced to purchase only Personal Injury Protection (PIP) coverage, which is costly, and requires Floridians to purchase additional health insurance that is only in place when they are in a vehicle. According to a State-commissioned actuarial study, the proposed reforms would have saved drivers an average of $81 per car. Thankfully, last week a second and similar bill cleared it’s only committee in the Florida House and is heading to the floor for a vote. As always, we continue to recommend that Florida drivers purchase Uninsured Motorist insurance coverage as there is currently no requirement that Florida drivers purchase bodily injury insurance to cover the damage they cause unfortunate event of an automobile accident.

Florida’s Current No Fault Automobile Insurance Laws

In 1971, Florida adopted a no fault automobile insurance plan. “No fault” and “PIP coverage” are used interchangeably to describe an automobile insurance plan that allows policyholders to recover money for certain financial losses from their own insurers. The system was designed to provide injured drivers with up to $10,000 to cover medical bills and certain other costs, regardless of who was at fault for the accident that resulted in their injuries. Currently, owners of automobiles in Florida are required to purchase only $10,000 in PIP coverage and $10,000 in Property Damage Liability (PD coverage).

This current system is not working out very well. PIP coverage with a $10,000 limit does not cover much, insofar as it covers only 80% of medical expenses and 60% of lost income, leaving claimants responsible for 20% of medical expenses and 40% of lost income; and that’s only up to $10,000.00. Drivers with healthcare insurance are paying for PIP insurance that may overlap, thus double paying; this is especially costly for veterans, and the elderly who are already covered under federal health plans. A bigger problem is that, according to information provided to a panel of the Florida Senate, Florida drivers are paying insurance premiums that are among the country’s five highest for some of the lowest required coverage amounts. The vast majority of states do not have Florida’s no fault system that continues to riddled with fraud and leaves many victims responsible for their medical bills caused by the negligence of another driver.