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rear-ended in Fort MyersBeing involved in a rear-end collision can be a jarring and disorienting experience. As a Fort Myers personal injury attorney, I understand the confusion and stress you may be feeling right now. Our team at Garvin Injury Law will always take the time to guide clients through the initial process, explain your legal rights, and formulate a smart strategy for financial compensation.

Understanding Liability in Rear-End Collisions

In Florida, there exists what we call a “rebuttable presumption of negligence” in rear-end collisions. What this means is that the driver who rear-ends another vehicle is generally presumed to be at fault for the accident. This presumption is based on the principle that drivers should maintain a safe following distance and be prepared to stop when the vehicle ahead slows or stops.

However, as established in cases like Cevallos v. Rideout (107 So.3d 348, Fla. 2012), this presumption can be rebutted under certain circumstances. The rear driver may overcome this presumption by providing evidence that:

  1. The lead vehicle made a sudden and unexpected stop.
  2. The lead vehicle suddenly changed lanes in front of the following vehicle.
  3. The lead vehicle had inoperable brake lights.
  4. The accident was caused by a mechanical failure in the following vehicle that could not have been anticipated.

That said, even with these potential defenses, the rear driver still bears a significant burden of proof to overcome the presumption of fault.

Common Causes of Rear-End Collisions in Fort Myers

Our bustling Southwest Florida roads see numerous rear-end collisions every year. Many of these can be traced back to:

  • Distracted driving (texting, phone use, adjusting GPS)
  • Tailgating or following too closely
  • Excessive speed, especially during our frequent afternoon thunderstorms
  • Driver fatigue, particularly common among tourists unfamiliar with our roads
  • Impaired driving
  • Weather conditions affecting visibility or road traction

The Critical Importance of Immediate Medical Attention

Even if you feel fine immediately after being rear-ended in Fort Myers, seeking prompt medical attention is absolutely crucial.

Some injuries, particularly those involving soft tissue damage or whiplash, may not manifest symptoms for hours or even days after the accident. The adrenaline rush following a collision can mask pain temporarily.

Under Florida Statute §627.736, you have only 14 days to seek initial medical treatment following an auto accident to qualify for Personal Injury Protection (PIP) benefits. Waiting longer than two weeks can result in the denial of your PIP coverage, which could leave you personally responsible for thousands in medical bills.

Furthermore, immediate medical documentation creates an essential record connecting your injuries to the accident—a crucial element if your case later requires litigation.

Understanding Florida’s No-Fault Insurance Systemrear-ended in Fort Myers

Florida operates under a no-fault insurance system, which means your own Personal Injury Protection (PIP) coverage is your primary source of compensation regardless of who caused the accident. Under F.S. §627.736, PIP covers:

  • 80% of necessary medical expenses
  • 60% of lost wages
  • Up to $10,000 in total benefits

However, this $10,000 limit can be quickly exhausted with today’s medical costs. This is where understanding when you can step outside the no-fault system becomes vital.

When You Can Pursue a Claim Against the At-Fault Driver

Florida law allows you to pursue a claim against the at-fault driver when your injuries meet the “serious injury threshold” as defined in F.S. §627.737. This includes:

  • Significant and permanent loss of an important bodily function
  • Permanent injury within a reasonable degree of medical probability
  • Significant and permanent scarring or disfigurement
  • Death

If your injuries after being rear-ended in Fort Myers meet this threshold, you may file a claim against the at-fault driver’s bodily injury liability coverage for damages exceeding your PIP benefits, including full medical expenses, full lost wages, and pain and suffering.

Critical Steps to Take After Being Rear-Ended in Fort Myers

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hurt on Naples charter boatFlorida’s beautiful coastlines and waterways make boating one of our most cherished activities. From fishing charters in the Gulf to jet ski rentals on our inland waters, these experiences should create lasting memories—not lasting injuries. Unfortunately, accidents on charter boats and rental watercraft occur with alarming frequency in the Fort Myers area.

If you’ve been injured while enjoying Florida’s waters, understanding your legal rights is crucial. An experienced Naples personal injury attorney can help guide you through the complex legal landscape of maritime injuries.

Understanding Maritime Liability in Florida

Charter boat operators and rental companies have a legal duty to provide reasonably safe vessels and equipment. When they fail to meet this standard, they may be liable for resulting injuries. Under Florida law and federal maritime statutes, several parties could potentially bear responsibility:

  • Charter boat operators and rental companies may be liable for negligent maintenance, inadequate safety equipment, or failure to warn of known hazards.
  • Boat captains or operators could face liability for negligent navigation, operating under the influence, or disregarding weather warnings.
  • Manufacturers may be responsible if equipment defects contributed to your injury.
  • Other boaters whose negligence caused your accident may also bear liability.

Florida Statute §327.54 specifically addresses livery (rental) vessel requirements, mandating that companies ensure their vessels are seaworthy and equipped with proper safety gear. Additionally, they must provide basic safety instruction to renters.

“But I Signed a Waiver”—Do You Still Have a Case?

Many clients come to us believing they have no recourse because they signed a liability waiver. This is often not true.

While Florida courts do recognize liability waivers (also called exculpatory clauses), these agreements have significant limitations:

  1. They cannot absolve a party from gross negligence or intentional misconduct under Florida law.
  2. They must be clear and unambiguous to be enforceable, as established in Sanislo v. Give Kids the World, Inc. (2015).
  3. Federal maritime law may preempt certain liability waivers in boating accidents.

Florida courts have also ruled that boat operators’ liability waivers don’t protect against claims of gross negligence. This is a severe form of negligence that involves reckless disregard for the safety and well-being of others. An example would be failure to do a proper headcount resulting in a passenger being inadvertently left at sea.

Recoverable Damages if You’re Hurt on a Naples Charter Boat or Rental WatercraftNaples boating accident lawyer

If you’ve been hurt on a Naples charter boat or in a rental watercraft accident, you may be entitled to various forms of compensation:

  • Medical expenses: Both current and future medical costs related to your injury
  • Lost wages: Compensation for time missed from work and diminished earning capacity
  • Pain and suffering: Compensation for physical pain and emotional distress
  • Loss of enjoyment: Damages for inability to enjoy previously possible activities
  • Property damage: Reimbursement for personal property damaged in the accident

In severe cases involving wrongful death, families may pursue additional damages under Florida’s Wrongful Death Act.

Critical Steps to Take After a Southwest Florida Boating Accident

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hit by an uninsured driver in Cape CoralBeing involved in a serious car accident is stressful enough. Finding out the other driver doesn’t have insurance can make a difficult situation even worse. If you’re hit by an uninsured driver in Cape Coral, the personal injury lawyers at Garvin Injury Law can help you explore all possible avenues for monetary compensation.

Florida’s Insurance Requirements vs. Reality

Florida law is clear: all drivers must carry auto insurance. Under Florida Statute §324.022, non-commercial drivers with a clean driving record must maintain Property Damage Liability (PDL) coverage of at least $10,000 and Personal Injury Protection (PIP) coverage of at least $10,000. These limits are actually quite low compared to the national average. What’s more, bodily injury liability insurance (which covers losses to others if the policyholder is at-fault in a crash) is optional. If a driver doesn’t carry bodily injury liability coverage, they must agree to be personally responsible for up to $20,000 in damages if they cause a crash.

Yet despite these requirements, Florida consistently ranks among states with the highest percentage of uninsured motorists—approximately 20 percent of Florida drivers are operating vehicles without proper insurance. That means 1 in 5 drivers in Florida is uninsured — higher than the national average of 1 in 7 drivers being uninsured.

It’s worth noting too that even if a driver carries the minimum mandatory level of auto insurance, there’s a strong chance it won’t be enough to compensate victims of serious crashes to the full extent of their losses.

Understanding Florida’s No-Fault Insurance System

Florida operates under a no-fault insurance system, which means your own PIP coverage is your first resource after an accident – regardless of who caused it. That coverage pays for 80 percent of your medical expenses and 60 percent of lost wages, up to the $10,000 limit. Health insurance may help bridge the gap for the other 20 percent of medical expenses, and disability insurance could help bridge the 40 percent gap for lost wages.

But what happens when your injuries exceed that $10,000 threshold? Or when the at-fault driver has no insurance to cover your vehicle damage or personal injury costs? Being hit by an uninsured driver in Cape Coral can put crash victims in a precarious situation. This is where uninsured/underinsured (UM/UIM) motorist coverage often becomes the primary form of financial recovery.

Why UM/UIM Coverage Is Essential in Florida

UM/UIM coverage comes standard in many auto insurance plans, but it is technically optional in Florida. That said, our personal injury lawyers cannot stress enough how crucial this protection is, especially considering how many uninsured and underinsured drivers there are. This coverage steps in when the at-fault driver either has no insurance or insufficient insurance to cover your damages.

UM/UIM coverage can pay for:

  • Medical expenses beyond your PIP limits
  • Long-term care and rehabilitation
  • Lost wages and diminished earning capacity
  • Pain and suffering and other non-economic damages
  • Future medical needs related to your injuries

The Florida Supreme Court has consistently upheld the importance of UM/UIM coverage, noting in Progressive American Insurance Co. v. Grossi (2005) that this coverage serves a vital public policy purpose of protecting innocent motorists from financial hardship if they’re hit by an uninsured or underinsured driver.

When You Need Legal Representation for a UM/UIM ClaimCape Coral car accident uninsured driver

Many people are surprised to learn they may need legal representation even when filing a claim against their own insurance company. After all, you’ve faithfully paid your premiums—shouldn’t your insurer eagerly help you in your time of need?

Unfortunately, the reality is often quite different. Insurance companies—even your own—are for-profit businesses with a vested interest in minimizing payouts. At Garvin Injury Law, we’ve represented many clients who were shocked when their own insurance company:

  1. Disputed the severity of their injuries.
  2. Argued that treatment was unnecessary or unrelated to the accident.
  3. Delayed processing the claim, hoping the victim would settle for less.
  4. Offered a settlement far below what was deserved.

Insurance companies have a legal duty of good faith to their policyholders. While the hope is that they will meet that standard, crash victims can’t assume that will be the case. That’s why if you’re hit by an uninsured driver in Cape Coral, it’s smart to have a legal advocate in your corner at the very start.

Proving Your UM/UIM Claim

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pedestrian accident lawyer Fort MyersHere in the Sunshine State, outdoor exercise is a year-round privilege enjoyed by many. As an experienced Fort Myers pedestrian accident lawyer serving Southwest Florida, I’ve seen firsthand how quickly a morning run can turn into a life-altering tragedy when motorists fail to exercise proper caution around joggers and runners. Our skilled team at Garvin Injury Law works to assist injured pedestrians recover fair compensation from negligent drivers.

The Rising Popularity of Running in South Florida

The running community in South Florida continues to flourish, with Lee County alone seeing a significant uptick in running events and participation the last few years. According to the Sports & Fitness Industry Association, running and jogging participation nationwide has increased by over 15 percent since 2020, with warm-weather states like Florida experiencing even higher growth rates.

Fort Myers, with its scenic waterfront paths and beautiful neighborhoods, has become a haven for fitness enthusiasts. Local running clubs report membership increases of nearly 25 percent over the past three years, and the annual Fort Myers Marathon and River Run events regularly attract thousands of participants.

Florida’s Troubling Pedestrian Accident Statistics

Unfortunately, this rise in outdoor exercise coincides with Florida’s dubious distinction as one of the most dangerous states for pedestrians. According to the Florida Department of Highway Safety and Motor Vehicles (FHSMV), there were over 9,500 pedestrian crashes reported in 2023, resulting in more than 700 fatalities and thousands of injuries.

Lee County alone recorded over 200 pedestrian accidents last year, with a disproportionate number occurring during peak running hours (early morning and evening). What’s particularly concerning is that these figures likely underrepresent the true scope of the problem for several reasons:

  • Many minor pedestrian incidents go unreported.
  • Some drivers flee the scene, leaving victims with limited information.
  • Hospital data and police reports don’t always align in classification.
  • Near-misses aren’t captured in official statistics.

Why Joggers Face Elevated Risks

Runners face unique vulnerability on Florida roads for several compelling reasons:pedestrian accident lawyer Fort Myers

  1. Distracted drivers: With smartphones and in-car entertainment systems, driver attention continues to decline.
  2. Limited visibility: Early morning and evening runs often coincide with challenging lighting conditions.
  3. Shared road use: Many Fort Myers neighborhoods lack dedicated sidewalks or running paths.
  4. Speed differentials: A jogger moving at 6-8 mph may misjudge a vehicle’s approach speed.
  5. Hit-and-run incidents: Sadly, Florida ranks among the worst states for hit-and-run accidents. The FHSMV reported over 108,000 hit-and-run crashes in 2023 alone. Joggers are particularly vulnerable as they often run alone, in low-light conditions, and in areas with fewer witnesses.

How Pedestrian Accident Claims Differ

If you’ve been struck by a vehicle while jogging in Fort Myers, your legal case differs significantly from typical auto accidents in several key ways: Continue reading

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Florida work injuryThe gig economy is thriving, and Florida is no exception. Independent contractors, from rideshare drivers to freelance professionals, make up a significant portion of the workforce. According to a 2023 report by the U.S. Bureau of Labor Statistics, approximately 16% of American workers are classified as independent contractors. Here in South Florida, this number is even higher due to the state’s reliance on tourism, construction, and seasonal industries. While independence offers flexibility, it also comes with significant risks — chief among them the lack of protections under Florida’s workers’ compensation laws. If you’re an independent contractor and sustain Florida work injury, such as a construction accident or car accident, navigating the path to fair compensation can be challenging. Here’s what you need to know and how a Cape Coral personal injury lawyer can help.

Understanding Workers’ Compensation Rights in Florida

Under Florida’s Workers’ Compensation Law (F.S. 440.01-440.60), employees injured on the job are entitled to medical benefits and partial wage replacement. This no-fault system ensures that employees receive compensation regardless of who caused the injury, so long as it occurred within the scope of employment.

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Fort Myers personal injury lawyer free consultationIf you’ve been injured in an accident and are considering pursuing a personal injury claim, you might be wondering what happens during a free consultation with a Fort Myers personal injury lawyer.

This initial meeting is your opportunity to share the details of your case, learn about the attorney’s approach, and decide whether they are the right fit for you. It’s also a chance for the attorney to evaluate the strength of your claim and outline the potential next steps.

It’s a big step forward for a lot of our clients, and we find it helps when they have a better sense of what to expect.

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Naples personal injury lawyer Florida statute of limitations blue clock dissolvingWhen it comes to Naples personal injury claims, acting swiftly can make all the difference between securing rightful compensation and losing your opportunity to file a claim.

In Florida, the statute of limitations — essentially, the legal time frame you have to file a lawsuit — has undergone significant changes in recent years. As of March 2023, Florida law reduced the statute of limitations for most personal injury claims from four years to two years. For those who have been injured as a result of someone else’s carelessness or wrongdoing, that means it’s critically important to hire an experienced Naples personal injury attorney as soon as possible.

Understanding how the statute of limitations works and its potential impacts on your case can  help you avoid costly mistakes.

Florida’s Personal Injury Statute of Limitations

The statute of limitations sets a deadline for filing a lawsuit. Under Florida Statutes § 95.11(3)(a), most personal injury cases—such as car accidents, slip-and-falls, and other incidents stemming from negligence—must now be filed within two years of the date of the injury.

This recent change was part of a broader tort reform package aimed at addressing insurance-related concerns. The shorter time frame applies to incidents occurring on or after March 24, 2023, while claims for injuries that occurred before this date remain subject to the four-year limit.

Failing to file within the statute of limitations results in an automatic dismissal of your case. It doesn’t matter how strong your evidence may be. Courts are strict about these deadlines, and exceptions are rare.

Why Acting Fast is Essential

While two years might seem like plenty of time, it’s often not. Preparing a personal injury case involves many critical steps that require time and effort. Here’s why moving quickly to hire an attorney is essential:

  • Evidence Gathering

    • Key evidence, such as surveillance footage, eyewitness statements, and physical evidence from the scene, can quickly deteriorate or disappear. The sooner your attorney begins investigating, the better chance you have of preserving crucial evidence to support your claim.

  • Damage Assessment

    • Personal injury cases often involve complex calculations of damages, including medical bills, lost wages, future care needs, and pain and suffering. Your personal injury lawyer will need time to consult with medical experts, financial analysts, and other professionals to determine the full value of your claim.

  • Negotiating With Insurance Companies

    • Before filing a lawsuit, your Naples personal injury attorney will attempt to negotiate with the at-fault party’s insurance company. Insurance adjusters often delay or deny valid claims, making it necessary to build a strong case backed by clear evidence. These negotiations take time, and a shorter statute of limitations compresses the timeline.

  • Complaint Filing

    • If a fair settlement cannot be reached, your Naples personal injury attorney must draft and file a formal complaint in court. This document must adhere to strict legal standards and include detailed information about the accident, the at-fault party’s negligence, and the damages you are seeking.

Consequences of Waiting Naples personal injury lawyer

Delaying action can jeopardize your case in a number of ways. Key evidence (documents, eyewitness memories, surveillance footage, physical evidence) can become lost or degraded over time. In cases that are complex, it may take more time to gather medical records, accident reports, or other evidence — which leaves less time for negotiation or filing. Also the later an attorney gets involved, the weaker of a position we may be when it comes to negotiations. If you fail to meet the statute of limitations deadline, it can leave you with no legal recourse at all.

Exceptions to the Statute of Limitations in Naples Personal Injury Cases

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Naples injury lawyers case valuationKnowing your worth is important in life. As it turns out, it’s important in personal injury cases too. Accurately estimating the monetary value of a personal injury case is one of the first orders of business for newly-hired Naples injury lawyers. It’s not that we see clients as dollar signs or that high-value cases are the only ones worth pursuing. (Far from it, actually). Rather, an accurate case valuation is what allows us to both formulate effective legal strategies and set realistic expectations.

One of the first steps Naples injury lawyers take when filing a claim for damages is to send a demand letter. In that letter, we’ll outline the dispute and then explicitly request a specific action the other party can take to resolve the issue. That request usually includes payment of a specific dollar figure as compensation for certain losses. By the time we send that letter, we’ve got to know what fair compensation looks like for our client – and be ready to make a strong case to justify why we’re asking for that amount.

Beyond that, having a well-supported estimate of the case value is vital for:

  • Informed decision-making. It allows us to make educated choices about settlement offers versus proceeding to trial. This is important because if we reject a reasonable settlement offer from the defendant, it could have big consequences. Even if we win, our client might have to pay the other side’s attorney’s fees if the final dollar amount awarded is within a certain range of a previously rejected settlement offer.
  • Strategic planning. Naples injury lawyers can develop tailored legal strategies that align with the case’s potential value. The estimated value of certain damages can play a role in whether we agree to certain compromises or insist on holding the line.
  • Expectation management. Accurate financial valuations help clients know what to expect. We can never guarantee a specific outcome when we accept a case. But we can often give clients a fairly good idea of what’s likely to happen. We never want to disappoint, and clients have a right to know what results are realistic. A meticulous case valuation allows us to give a clearer outline of our goals and what’s within the reasonable range of possibilities.

Types of Damages in Naples Personal Injury CasesNaples injury lawyers case valuation

To accurately estimate the value of a Collier County personal injury case, we have to start by knowing what types of damages a plaintiff can legally pursue. Florida law recognizes several categories of recoverable damages in personal injury cases. These include:

  • Economic damages. These are tangible, quantifiable losses the victim incurred as a result of the injury. Examples include medical expenses (past and future), lost wages, loss of earning capacity, property damage, etc.
  • Non-economic damages. These are the subjective, non-tangible losses that don’t have an exact price tag, but for which courts will work to affix a monetary value. These include things like pain and suffering, emotional distress, loss of life enjoyment, and loss of companionship.
  • Punitive damages. Punitive damages are intended to punish a defendant for particularly egregious actions or gross negligence. They are also used to send a strong message that would deter others from engaging in similar misconduct. Per F.S. 768.72, Naples injury lawyers must indicate at the very beginning of a case whether they intend to ask for punitive damages. It’s up to the court to allow this request, which is typically only granted in cases of clear intentional misconduct and/or gross negligence. Punitive damages aren’t typically awarded in personal injury cases. However, because they can result in a damage award that is three times the amount of compensatory damages or up to $500,000 (whichever is higher), they can significantly impact case value.

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catastrophic injury Cape Coral injury lawyerWhen an accident results in a severe, life-altering injury, it may be classified as a “catastrophic injury” under Florida law. Our Cape Coral injury attorneys don’t simply use the term as hyperbole. It’s a term reserved for the type of injuries that will have profound physical, emotional, and financial consequences, often requiring long-term medical care, rehabilitation, and permanent lifestyle changes. The distinction matters because it can have an impact the amount of compensation that may be available in a personal injury case as well as how various parties proceed in handling it.

Defining Catastrophic Injury Under Florida Law

Although Florida doesn’t have a single, universal definition for catastrophic injury, it’s generally accepted to mean a permanent, debilitating injury that will require extensive medical treatment. Courts and insurance companies often consider an injury catastrophic when it prevents a person from working, performing daily activities, or living independently.

Per F.S. 766.118, catastrophic injuries in medical malpractice cases are recognized for purposes of non-economic damage caps. In general, non-economic damages (compensation for non-tangible impacts like pain and suffering) are capped at $500,000 per plaintiff for practitioner defendants (nurses, doctors, etc.) and $750,000 for non-practitioner defendants (hospitals, healthcare companies, etc.). The exception is if an individual’s injuries are deemed catastrophic.

Similarly, F.S. 627.737 sets a serious injury threshold for injuries in car accident cases. When a crash victim’s injuries meet the criteria for being “serious,” as outlined in statute, they can step outside of Florida’s no-fault auto insurance system and pursue damages over and above that. “Serious” in these cases means a significant and permanent loss of an important bodily function, permanent injury within a reasonable degree of medical probability, significant and permanent scarring or disfigurement, or death. Catastrophic injuries will pretty much always meet or exceed this threshold. That allows the injured person to pursue more monetary compensation for medical expenses, lost wages and reduced earning capacity, pain and suffering, loss of life enjoyment, and emotional distress (among other damages).

What Injuries are Considered Catastrophic in a Cape Coral Injury Case?catastrophic injury Cape Coral injury lawyer

F.S. 766.118 details some specific kinds of injuries that are automatically considered catastrophic in Florida medical malpractice cases, but it’s not necessarily limited to that list in other types of cases. Among the conditions cited:

  • Spinal cord injuries resulting in severe paralysis of an arm, leg, or trunk
  • Amputation of an arm, hand, foot or leg
  • Severe brain injury or closed-head injury, as characterized by severe sensory motor disturbances, communication disturbances, cerebral function impairment, episodic neurological disorders, etc.
  • Second-degree or third-degree burns on 25 percent or more of the total body surface or third-degree burns on 5 percent or more to the hands and face
  • Blindness
  • Loss of reproductive organs resulting in inability to procreate

Those who have suffered catastrophic injuries may need wheelchairs, therapy, ongoing medical support, home modifications, and lifelong medical care. Many face significant emotional trauma in addition to their physical challenges. Life will never be the same, and thus they can no longer enjoy their lives, their work, and their relationships as they once did. They may suffer chronic pain, and lose their ability to live independently. Continue reading

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Fort Myers injury lawyer hit and runHit-and-run accidents are both incredibly problematic and far too pervasive in Florida. On average, the state clocks 103,000 hit-and-run crashes annually, an incident rate that has climbed 40 percent in the last decade, according to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). Every year, more than 1,000 people suffer serious bodily injury in these crashes and hundreds lose their lives. Pedestrians and bicyclists tend to be disproportionately affected.

As Fort Myers injury lawyers can explain, hit-and-run crashes also pose significant hurdles for victims seeking compensation. Understanding the legal avenues that may be available in these situations is an imperative.

Factors Contributing to High Hit-and-Run Accident Rates in Florida

Florida isn’t the only state to have issues with hit-and-runs, but it consistently ranks among the highest in the country.

Some of the most common contributing factors in Fort Myers hit-and-run cases include:

  • At-risk drivers. Studies have shown that a disproportionate number of at-fault drivers in hit-and-run crashes are young males with prior arrests for driving under the influence. Alcohol impairment at the time of the accident is also common. (It’s also worth noting that males make up 70 percent of hit-and -run victims in single car/single pedestrian crashes.)
  • Socioeconomic factors. Drivers who flee accident scenes frequently operate older vehicles that are not insured. A driver whose finances are precarious may be more motivated to avoid the legal and/or financial repercussions of a crash.
  • Environmental conditions. Reduced visibility due to dawn, dusk, nighttime, brush fires, rain, fog, etc. — all of that can contribute to the likelihood of accidents in general, but especially hit-and-run crashes. It may also embolden some drivers to flee, believing they’re less likely to be identified.
  • Urban environment. Cities tend to have higher rates of hit-and-run crashes than rural areas, likely thanks to higher population density and the fact that there are more pedestrians in urban areas.
Historically, drivers in Florida may have been motivated to flee because the penalties for fleeing the scene of a crash were far less severe than a serious or fatal drunk driving crash. That has since changed, with changes to F.S. 316.027, which makes it a third-degree felony to commit a hit-and-run. If the crash involved serious injury or death, it’s elevated to a second-degree felony.

Whatever happens in the criminal case, civil claims are handled separately.

Challenges in Seeking Compensation in a Hit-and-Run Crash

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Contact Information
Main Office
4280 S Cleveland Ave
Fort Myers, FL 33901
Phone: 239.277.0005 Fax: 239.277.0004 Toll Free: 800.977.7017
Naples Office
2671 Airport Pulling Rd S
#302
Naples, FL 34112
Phone: 239.267.5657 Fax: 239.277.0004
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Key West, FL 33040
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Sarasota, FL 34240
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Steamboat Springs, CO 80487
Phone: 800.977.7017
We serve clients throughout Southwest Florida including those in the following localities: Lee County including Bonita Springs, Cape Coral, Estero, Fort Myers, Fort Myers Beach, Lehigh Acres, and North Fort Myers; Collier County including Golden Gate, Immokalee, Marco Island, and Naples; and Monroe County including Key Largo, Key West, and Marathon.

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