Florida Personal Injury Lawyer Blog

Published on: August 20, 2019

Florida Bicycle Accident Risk Doesn’t Spare Children

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: July 20, 2019

Miami Herald: Florida Ranks Top 10 in Country For Railroad Accidents

by Leland Garvin

“Every week it seems there’s a report of an accident between pedestrians and trains,” noted the Miami Herald in a recent story.

Fort Myers injury lawyer Fort Myers personal injury lawyers know that “trains” aren’t typically the first thing that comes to mind when we talk “crashes.” However, a recent four-year review of data from the Federal Railroad Administration revealed that Florida is No. 6 among states with the most railroad crossing deaths in the nation.

From 2014 to 2018, more than 460 railroad accidents. Of those:

Published on: July 2, 2019

Sudden Return to Daubert Standard for Evidence by Florida Supreme Court

by Leland Garvin

The standard for expert evidence admissibility in Florida court cases – civil and criminal – has once again taken a sudden turn, eschewing longtime adherence to the “general acceptance” Frye standard for vetting scientific evidence in favor of the more stringent Daubert standard.

Fort Myers injury law firm In plain English: It just got harder for injured plaintiffs in Florida to win their cases. That makes having an experienced, skilled personal injury lawyer all the more essential.

After several years of fraught back-and-forth and lengthy debates centering on constitutional concerns, it appears with this decision, In re: Amendments to the Florida Evidence Code, No. SC19-107 (Fla. May 23, 2019), the Florida Supreme Court has settled the issue, reversing its own prior (sharply-divided) ruling from last year and joining the standard used in many other states and the federal government (the latter with Rule 702 of the Federal Rules of Evidence). Continue reading

Published on: June 11, 2019

Drowning Lawsuits in Southwest Florida

by Leland Garvin

More than 3 classrooms of children drown every year in Florida.

It’s a sobering reminder of the dangers posed by the water around us, particularly when it comes to small children. Whether visiting the ocean, a local water park or a backyard swimming pool, South Florida is one of the nation’s most dangerous locations for drowning. With more than 1 million swimming pools, Florida has a long history of litigation when it comes to claims involving drowning or near-drowning incidents. swimming-pool-1224450-300x225

Fort Myers injury attorneys know small children face the highest risks. Drowning is the leading cause of accidental death for children younger than 4. Hundreds of others suffer near-drowning injuries each summer, which can result in permanent disability, including memory problems and learning disabilities.

While residents and guests face year around risks in Florida, the period between Memorial Day and Labor Day offers the warmest waters and therefore sees the most boating and drowning accidents.

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: April 15, 2019

$1M Florida Personal Injury Lawsuit Damage Cap Proposed by Lawmakers

by Leland Garvin

Florida lawmakers are seeking to limit the amount of non-economic damages that can be recovered by plaintiffs in personal injury lawsuits. Fort Myers personal injury lawyer

Specifically, HB 17 would impose a $1 million cap on payments made to injury claimants for intangible losses like pain and suffering, emotional anguish and loss of life enjoyment. While it’s true these losses are more subjective than things like medical bills or lost income, they are no less worthy of compensation.

As long-time Fort Myers personal injury lawyers, we know tort reform efforts like this are nothing new in Florida. Insurers and big corporations have lobbied intensely for them for decades. Proponents argue reform is necessary to keep consumers’ insurance rates in check and prevent frivolous claims and outrageous damage awards.

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.

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