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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and keep in place deeply slashed development “impact fees” which have left our roadway and pedestrian infrastructure outdated and massively underfunded.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.

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On October 15, 2018, the Florida Supreme Court, settled the long-running debate about the appropriate admissibility standard for expert opinions thought Florida state courts.  In a case that began with a plaintiff who developed mesothelioma after years of exposure to asbestos, the Florida Supreme Court held that Frye, not Daubert, is the appropriate test.

Florida-supreme-court-1-300x157A sharply divided Florida Supreme Court on Monday said a controversial 2013 law about expert-witness testimony was an unconstitutional infringement on the court’s authority.

Florida Justices, in a 4-3 decision, overturned a ruling by the 4th District Court of Appeal and ordered the reinstatement of an $8 million verdict for Richard DeLisle, who argued that he suffered mesothelioma because of exposure to asbestos found in cigarette filters. In the underlying case, DeLisle argued that filtered Kent cigarettes he smoked in the 1950s contained asbestos which leads to mesothelioma.

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The following are new laws that are in effect in Florida as of October 1, 2018; please click the bill number for a link to the actual bill to learn more about the specific law going into effect today.https://www.garvinlegal.com/blog/wp-content/uploads/2017/07/Screen-Shot-2017-07-20-at-5.52.53-PM-1-300x300.png

CS/CS/SB 376: Workers’ Compensation Benefits for First Responders

Workers’ Compensation Benefits for First Responders; Providing that, under certain circumstances, posttraumatic stress disorder suffered by a first responder is an occupational disease compensable by workers’ compensation benefits; specifying that benefits do not require a physical injury and are not subject to certain apportionment or limitations, etc.

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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.”

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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.

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As a general rule, bicycle helmets are a smart safety investment in safety all cyclists, regardless of age or skill – especially in Florida, which has the unfortunate, long-running reputation as the most dangerous 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 that will – and won’t – affect your claims and/ or litigation.

What is Florida’s Bicycle Helmet Law?

bicycle accidentLegally, there is no universal bike helmet law in Florida. 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 security 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, defendant shouldn’t be responsible for the full extent of your injuries.

Florida law expressly prohibits this defense tactic. Continue reading

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Year around sunshine in Southwest Florida means motorists are often wearing shorts, tank tops, flip-flops and other light summer garb.

Click Orlando reports Florida is among the states where driving in flip-flops or barefoot is not illegal. And that’s a good thing or most of us would be violating the law on a regular basis. Is it illegal to drive barefoot or in flip-flops in Florida

Our Fort Myers injury lawyers know limbs, including hands and feet, are always vulnerable in serious traffic collisions. Leg compartments of modern vehicles extend to the front axle in many vehicles. Hands and arms are often caught between your body and the steering column. Crush injuries and degloving injuries can result

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While May was Motorcycle Safety Month, watching for riders is a year-around job in Southwest Florida.

Motorcycles are incredibly popular in Southwest Florida, probably because we enjoy what is easily one of the best riding landscapes in the country – long stretches of flat roads, ideal weather year-round and captivating scenery. motorcycle injury lawyer

But our injury lawyers in Fort Myers also know Florida is also one of the most dangerous places to ride a motorcycle. The National Highway Traffic Safety Administration(NHTSA) tallied 577 Florida motorcyclists killed in a recent year – by far more than any other state (even California and Texas, which trump Florida in both size and population).

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Just last week, the U.S. National Transportation Safety Board released statistics showing in 2016 fatal crashes on privately owned aircrafts was at its lowest level in 50 years.

According to the NTSB, the fatal-accident rate was 1 per 100,000 flight hours recorded which is the lowest in decades. 386 people were killed in private-aviation in 2016 compared to 631 in 1997. Although, the total number of fatalities were up slightly from the year prior, the overall rate was down due to the increase in private plane hours in flight.

At the Garvin Law Firm, we were happy to learn about the new statistics from the NTSB given the fact that Attorney Jeff Garvin, has a passion for flying and often flies for law firm business.  Jeff has been flying since 1975 and has logged more than 2,000 hours of time on his Cessna 210 traveling for both work and pleasure.  In Jeff’s spare time, he continues to flight-train and takes lessons regularly to stay up to date with skills and technological advances that help him be safer in the sky.

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Best Personal Injury Lawyers Fort Myers

Attorneys Leland and Jeff Garvin

The Garvin Law Firm is proud to have been listed in the 2018 U.S. News & World Report Best LawyersBest Law Firms” list. In addition, Founding Partner Jeffrey R. Garvin has been recognized as the 2018 Fort Myers Lawyer of the Year in the practice area of Personal Injury Litigation – Plaintiffs.

Inclusion in Best Lawyers is based on a rigorous peer-review survey process. No fee or payment to participate is allowed. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence.

Justia Lawyer Rating for Jeffrey R. Garvin
Florida Legal Elite 2016
Super Lawyers
Million Dollar Advocates Forum
The Best Lawyers in America
Martindale-Hubbell
American Association for Justice
Florida Justice Association
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