car accident attorney

Published on: August 15, 2023

Who is Responsible for Fort Myers Teen Car Accidents?

For a teenager, that first set of car keys feels like freedom – at last! Parents, of course, usually have a different perspective. There’s often a great deal of apprehension around those first few driving years. Unfortunately, those concerns are well-founded, as the risk of Fort Myers teen car accidents is especially high for new drivers.

According to the U.S. Centers for Disease Control and Prevention, car crashes are a leading cause of death for teens. In a single recent year, 3,058 teens ages 13 to 19 were killed in car accidents and another 227,000 were injured. Not all of those involved teen drivers of course, but the risk of fatal Fort Myers teen car accidents is three times higher for those 16 to 19 than in any other driving age group (per miles driven). Drivers aged 16 and 17 were at higher risk than those 18 and 19.

The good news is that since the mid-1990s and early 2000s, more states started adopting graduated licensing systems for young motorists. The purpose is to phase in driving privileges, rather than simply hand over the keys and hope for the best.

In Florida, graduated driver licensing laws outline limits and restrictions for drivers 15 to 17. For instance, teens with a learner’s permit (which they hold for at least 12 months or until they turn 18, whichever comes first) are only permitted to operate a car during daylight hours for the first three months. They’re restricted from driving after 10 p.m. They must always be accompanied by a licensed driver over the age of 21, and they need at least 50 hours of supervised driving – including 10 nighttime hours. Once they earn their driver’s license, 16-year-olds aren’t permitted to drive between 11 p.m. and 6 a.m., and must always be accompanied by an over-21 licensed driver – unless they’re driving to or from work. Once they turn 17, they are given a bit more freedom with nighttime driving, but still can’t be on the road between 1 a.m. and 5 a.m. They also must be accompanied by an over-21 licensed driver unless they’re driving to and from work.

So, Who Pays For Fort Myers Teen Car Accidents?

Published on: January 13, 2022

Understanding Florida’s Careless Driving Statute

by Leland Garvin

Florida's careless driving statute Drivers who cause South Florida car accidents rarely intend to hurt anyone. However, Florida’s careless driving statute does not consider a driver’s intention. What matters is whether the driver was using reasonable regard for the laws and current road conditions. Failure to use reasonable care, the basic allegation in a careless driving traffic case, is also what injury lawyers assert when alleging negligence in many Florida crash cases. As our Fort Myers car accident lawyers can explain, a driver who is negligent failed to use reasonable care. They can be held legally liable to cover some – or all – of the resulting damages (assuming the injuries were serious enough to exceed the criteria set forth in F.S. 627.737).

The National Highway Traffic Safety Administration (NHTSA) estimates some 95 percent of crashes are caused by human error. Florida’s careless driving statute is outlined in F.S. 316.1925. It states anyone operating a vehicle on any street or highway in Florida, “shall drive … in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic and all other attendant circumstances, so as to not endanger the life, limb, or property of any person.” Failure to do so is careless driving.

Careless driving is frequently cited in cases like rear-end car accidents and failure-to-yield crashes. It’s also sometimes cited by officers in distraction cases, though if they can specifically prove it, they may assert a violation of F.S. 316.305, Florida’s distracted driving law. This provision bans not only texting while driving, but also emailing, instant messaging, and other forms of nonvoice interpersonal communication behind the wheel.

Allegations of careless driving may cross the threshold into “aggressive careless driving,” as defined in F.S. 316.1923, if two or more traffic violations occur at the same time or one right after the other.

Some examples of applicable violations: Continue reading

Published on: June 17, 2021

When Dangerous Vehicle Design Causes Florida Crash Injuries

by Leland Garvin

When Florida crash injuries are significant and lasting, it is necessary to analyze all potential avenues of financial recovery. In some cases, that may include claims against car manufacturers for dangerous vehicle design. These types of tort claims are referred to as product liability lawsuits.

Allegations in car accident product liability lawsuits often assert that one’s injuries were exacerbated by design or manufacturing flaws that put occupants at unreasonable risk of serious injury or death.

Recently, a Florida family filed a product liability lawsuit against Honda alleging dangerous design flaws that resulted in severe injuries to a young girl who was riding in the third row of her family’s van. The girl’s mother was traveling with her three children one afternoon in August 2019 when they were rear-ended by a Jeep. According to local news reports, the girl, then 7, suffered a traumatic brain injury and broken bones. She has endured numerous hospital stays, surgeries and daily physical, and occupational therapies.

Although the family is pursuing a claim against the driver of the Jeep for negligence operation, claims against the vehicle manufacturer allege strict liability and negligence for alleged dangerous design flaws that reportedly left third row passengers vulnerable to serious injury. Continue reading

Published on: June 9, 2021

Southwest Florida Car Accident Risk Rises With Road Construction

by Leland Garvin

Southwest Florida car accident The recent emergency closure of a major national east-west thoroughfare (the I-40 Mississippi River Bridge in Tennessee) due to a critical crack in a bridge beam has drawn attention to the $2.3 trillion infrastructure package proposed by the White House for road renovations nationally. Florida, which was given a C grade for overall infrastructure, has more than 400 bridges and 3,560 miles of highway considered to be in “poor condition.” Although strengthening of infrastructure makes us safer in the long-haul, road construction could well increase Southwest Florida car accident risk in the short-term.

Florida Road Construction Projects

Florida has seen exponential growth in recent years, placing increased burdens on our roadways and traffic infrastructure. The Cape Coral-Fort Myers metro area in Lee County has been among the fastest-growing regions in the country.