COVID-19 Update: How We Are Serving and Protecting Our Clients

Articles Posted in Auto Accidents

Published on:

side impact crashesChild car seat manufacturer Evenflo, maker of the “Big Kid booster seat,” promised parents on its website that the side impact tests the company had conducted to ensure safety were “rigorous,” and simulated realistic side-impact crashes. This may have been a key selling point for many parents, given that side-impact crashes are responsible for one-fourth of all deaths of children under age fifteen (15) in crashes. As our South Florida car accident lawyers have seen, side-impact crashes are more likely to cause severe injuries because the only thing separating the child from the intruding vehicle is the door.

For years, these booster seats were marketed as safe. In reality, according to a new ProPublica investigation, the side-impact crash testing fell far below what one might consider rigorous.

Internal video records show that Evenflo’s tests of child-sized crash test dummies in the Big Kid boosters in a T-bone crash scenario were thrown far out of their shoulder belts. One of the company’s top booster seat engineers conceded in a deposition that if an actual child had been sitting in that same seat, that type of movement could cause potentially catastrophic spinal, head and neck injuries. They would also be at high risk of death.

Despite this, Evenflo gave the booster seats a “passing grade” for safety in side-impact crashes. As ProPublica put it, “The company’s test bar was so low, the only way to fail was if the child-seized dummy ended up on the floor or the booster itself broke into pieces.” Continue reading

Published on:

Florida driveway accidentsPeople often consider their driveway as part of their “safe zone.” It is an extension of their home, and the only traffic – if any – is typically slow-moving, either pulling in or backing out. That is why driveways are fairly popular outdoor spaces for children to play – drawing with sidewalk chalk, shooting hoops or playing with water hoses.

The unfortunate truth is driveway accidents are far too common. According to KidsandCars.org, approximately 2,400 children in the U.S. are injured every year in driveway accidents. That is 50 every week, 2 of those dying from their injuries. Small children are at the highest risk of serious injury and death in driveway accidents, accounting for 64 percent of all non-traffic related auto fatalities.

In November of 2019, The News-Press reported the death of a 5-year-old girl in a Fort Myers driveway accident on Cypress Drive. She was playing in a driveway when the homeowner returned and made a left turn into his parking spot. His view of the girl was reportedly obstructed by a sport utility vehicle parked on the right side of the driveway. The girl was rushed to Lee Memorial Hospital, where she was later pronounced dead – the 79th road fatality in Lee County as of the end of November. Continue reading

Published on:

Cape Coral bicycle accident lawyersDrunk driving has long been a serious problem on Florida roads, but increasingly, so is drunk bicycling. The National Highway Traffic Safety Administration reports alcohol intoxication was a factor in 37 percent of all deadly bicycle crashes in 2017. That includes both motorists and cyclists.

As our Cape Coral bicycle accident lawyers can explain, not only can bicyclists be arrested for DUI just like drivers, the fact of a bicyclist’s intoxication can hurt the chances of securing a favorable verdict or settlement in the event of a crash with a car.

That is not to say it is impossible for a cyclist to win a bicycle accident lawsuit if he or she consumed alcohol prior to a crash. Frankly, it can make for a tougher case resulting in a reduced damage award. It is a fact that can alter your attorney’s strategy during settlement negotiations and at trial, so it is important to be forthright with your lawyer early on when discussing your legal options. Continue reading

Published on:

Florida car accident lawsuitThe crash itself, into a palm tree after the driver lost control, should not have killed him. He had not even suffered any broken bones. But according to the South Florida car incident lawsuit, an alleged malfunction of the Model S Tesla’s doors meant there was no escaping the electric vehicle after the lithium battery ignited. First responders, finding no other way to extricate him, watched on helplessly. The anesthesiologist’s widow says he died from smoke inhalation. Now, she’s suing Tesla, on behalf of herself and their five children.

The retractable door handles are supposed to auto-present when a key fob is detected nearby, the lawsuit said. But this time, it did not. The door handles could not be accessed, rendering the car a “death trap.”

This is far from the first time a Tesla has caught fire. Our Fort Myers car accident attorneys anticipate that unfortunately, this will probably be far from the last wrongful death lawsuit with a similar fact pattern.

Published on:

If you suffer car accident injuries in a crash caused by another driver’s sudden health emergency – such as a seizure or heart attack – the claim can be impeded by a defense known as the “sudden emergency doctrine.”car accident injuries

As our Cape Coral car accident injuries lawyers can explain, the law expects drivers to conduct themselves with a certain degree of reasonable care. Failure to do so is negligence.

But the law also recognizes that emergencies can arise. The sudden emergency doctrine is a defense that can be raised for people who are confronted with some unexpected danger. If established, it can mean the defendant isn’t held to the same standard of care as they might otherwise be for their actions. Continue reading

Published on:

It’s imperative when you take a personal injury case to court that you are not only doing so in the appropriate jurisdiction, but that you are applying the correct laws. Although it comes as a surprise to some, just because a case is litigated in Florida doesn’t necessarily mean Florida law should be applied.car accident lawyer

Generally, Florida law is applied to cases litigated in Florida. However, if an argument can be raised under the Choice of Law doctrine, the court can decide to choose to conduct a choice of law analysis.

As our Fort Myers car accident lawyers can explain, this can have a major impact on the proof burden or the remedies to which one is entitled. Some state standards are more relaxed, others more stringent. Sometimes, it’s federal law that must be applied. It’s necessary early on in each case to ascertain the appropriate jurisdiction – and choice of law – applied to all or any aspect of the case. Continue reading

Published on:

Cape Coral drunk driving injury lawyerAn alleged drunk driver who fled from the scene of a deadly crash in Sarasota this spring was arrested on charges related to the crash, including DUI manslaughter and leaving the scene of crash with death and serious bodily injury, as well as unrelated drug trafficking charges.

Authorities believe alcohol was a key factor in the crash, which killed a 70-year-old woman and critically injured her infant grandson. The driver suspected of DUI, as well as another motorist, sustained minor injuries.

As our Cape Coral DUI wrongful death lawyers can explain, criminal charges aren’t the only course of legal action available to victims of DUI accidents.
Published on:

Florida truck accidentsA spate of serious and fatal Florida truck accidents has drawn attention to the fact that such collisions are on the rise – here and across the country, prompting safety officials and trucking carriers to weigh possible solutions.

State and federal crash data show that large semi-trucks are a substantial part of the reason Florida drivers face so much danger on thoroughfares like I-75.

In a single recent year, there were more than 4,300 large truck accidents just in Florida alone – more than 70 percent of those being the occupants of other vehicles, thanks to the size disparity between semis and passenger cars. In 2017, there were nearly 32,000 large truck crashes in the U.S.

As our Fort Myers truck accident lawyers can explain, part of making our roads safer in the face of increasing commercial truck presence is holding accountable the drivers, trucking carriers, shippers and other parties responsible when their negligence causes or contributes to the seriousness of a crash.

Sometimes, that accountability happens in criminal court. That’s the case in North Fort Myers, where a commercial truck driver ran a red light and killed another motorist, age 61, in June. Now, the 31-year-old trucker has been charged with reckless driving and vehicular homicide.

However, change can also come about from civil damage awards. Although civil cases, in general, are intended to be compensatory and not punitive, the damage awards in these cases are a proven incentive for trucking companies to adhere to federal regulations – in some cases, taking initiative to take additional safety precautions in the future. Continue reading

Published on:

In its dogged push for e-commerce dominance, tech firm Amazon.com, Inc. has spent years building a massive logistics empire, all on the promise of getting your stuff to your door in as little time as possible. It’s fast, reliable – and all-too-often deadly. Amazon delivery accidents are increasingly common not only because the company is ubiquitous, but its drivers are rushed and under intense pressure.

Fort Myers Amazon delivery accidentsAmazon is a $1 trillion company, the founder’s net worth climbing by some $260 million daily, but according to a recent co-report by The New York Times and ProPublica, the company has been less-than-generous in covering the human costs associated with Amazon delivery accidents.

Part of what makes establishing liability so difficult is the fact that Amazon, in an effort to reduce any dependence on long-time carriers like UPS, has forged a vast network of independent contractors, each supplying their own vehicles and drivers. On the one hand, this does allow the firm to shrink and expand its delivery forces as necessary, with the added bonus of avoiding payment of benefits and workers’ compensation when injuries occur.

Published on:

Tort reform advocates are once again beating the same old drum, insisting that if Florida would only lower its litigation costs, auto insurers could lower their rates for the rest of us.

personal injury lawyer

Cape Coral car accident lawyers know the main problem with this line of reasoning is it doesn’t hold up under scrutiny.

As one auto insurance lobbyist testified not long ago, “It’s a misnomer to ever really believe that your rates are going to go down. There are so many pressures for it to go up: Medical costs continue to go up, the cost of the vehicle continues to go up, the amount of wages that you have to compensate for continues to go up. So maybe what you do is slow the rate of rise.”

Even that is a pretty big “maybe.” More than likely, what happens is insurance firms and other large corporations benefit, while those most seriously injured receive less compensation. Continue reading

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
Contact Information