Articles Posted in Auto Accidents

Published on:

South Florida car accident lawyerAnnual road trips are a summer tradition for many families, with much flocking south to Florida for our world-renowned beaches, boating, sunshine, and theme parks. Last year alone, Florida welcomed approximately 122 million visitors – and that’s not including residents who traveled from one corner of the state to another on a “staycation.” It’s our sincere hope that every tourist and traveler enjoys a safe, fun-filled visit to the Sunshine State. However, for many reasons, summer is inextricably linked to increased odds of involvement in a Florida car accident.

The Insurance Institute of Highway Safety reports a higher accident risk throughout the country from June through August. Traffic deaths are 30 times more likely in the summer than during other seasons.

Given that summer road trips – and particularly Florida roads in the summertime – have some unique dangers, our Florida car accident attorneys are offering some insight on what those are, and tips for avoiding them.

Road Risks Specific to Summer

When it comes to summertime travel, there are a few risk factors that increase the likelihood of a crash.

Those include:

  • More teen drivers on the road. This isn’t Florida-specific. With more teens out of school for the summer, more are on the roads – driving to their part-time jobs, helping their families run errands, and visiting friends. AAA reports teen drivers 16-17 are three times more likely to be involved in a deadly crash compared to older drivers, and the 100 days between Memorial Day and Labor Day are among the deadliest. Teen drivers are not only inexperienced, they tend to be more easily distracted and risk-prone when it comes to speeding, racing, and other aggressive driving maneuvers. They’re also less likely to buckle up. (Check out our recent blog on the Seat Belt Defense and how it can impact your South Florida car accident case.)
  • Holiday binge drinking. In general, more people are out and about during the summer months. Memorial Day, Juneteenth, Father’s Day, the 4th of July, Labor Day – all of these tend to be associated with backyard cookouts, beach days, boating – and booze. Alcohol can impair judgment and increase risk-taking behaviors. The four deadliest holidays on the road are all during the summer: Memorial Day, Labor Day, Independence Day, and Father’s Day.

Road Risks Specific to Florida

In addition to the typical risks of summertime driving, there are a few areas of concern specific to drivers in Florida. Among these: Continue reading

Published on:

Naples car accident lawyerIf you are considering filing a Naples car accident claim for injury damages, it’s important to understand Florida’s permanent injury threshold.

Essentially, because Florida (for the foreseeable future) is a no-fault state when it comes to car accident injury claims, most registered vehicles must be covered by personal injury protection (PIP) insurance. This pays the insured up to $10,000 for medical bills and lost wages – regardless of who caused the crash. The only way most people injured in a crash can step outside of that no-fault system and successfully sue a negligent driver for non-economic damages like pain, suffering, mental anguish, and inconvenience is to establish injury in accordance with Florida’s serious injury threshold.

As our Southwest Florida car accident lawyers can explain, the serious injury threshold is set forth in F.S. 627.737(2) and requires proof that the crash caused:

  • 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.

These injuries must be directly related to the crash caused by the defendant.

The kinds of injuries that generally meet the criteria will be things like broken bones, traumatic brain injuries, internal organ damage, significant facial fractures and scarring, spinal cord injuries, and death. However, this is not an exhaustive list, and the insurance company does not have the final word on what is “significant” or “permanent.” Their goal is always going to be to minimize your damages and mitigate their own liability. You should always consult with an experienced injury attorney before agreeing to any insurance adjuster payout. Continue reading

Published on:

Fort Myers bike injury lawyerMay is National Bike Month, promoted by the League of American Bicyclists to showcase the many health and environmental benefits of biking – and encourage more people to give it a try. Here in Florida, though, bicycling is not without risk. As a Fort Myers bike injury lawyer, I’ve worked with many cyclists (and sometimes their surviving family members) in the pursuit of compensation from careless, at-fault drivers.

Although Florida bicycle law recognizes the right of bicyclists to share the road like any other vehicle, motorists often fail to give them the same courtesy and respect as other road users. They fail to watch out for them, slow down for them, or give them the required three-foot distance when passing. Whereas bicyclists account for about 2 percent of the nation’s traffic deaths, the rate is more than double that in Florida.

Florida consistently ranks as the deadliest state in the country for bicyclists. Nearly 50,000 were injured and more than 780 were killed nationally in a single, recent year. That same year, Florida reported 125 bicycle deaths – 16 percent of the nation’s total. The Cape Coral-Fort Myers metro region has repeatedly ranked No. 1 most dangerous for cyclists.

Although coastal communities like Sanibel-Captiva are extremely popular for cyclists in South Florida, it tends to be areas in Fort Myers, Lehigh Acres, and Cape Coral – with lagging bicycle infrastructure – that see the highest bike accident and injury rates.

The most serious bicycle accidents are almost always those that involve motor vehicles. Bicyclists, like pedestrians, are vulnerable road users who face the greatest harm in these collisions – regardless of fault – simply by virtue of the size disparity and lack of protection between the person and the pavement.

Why is Florida So Dangerous for Bicyclists?

Continue reading

Published on:

Florida golf cart accident lawsuitIn a somewhat recently-filed South Florida golf cart accident lawsuit, plaintiffs allege an elderly gentleman died because a reckless driver failed to use reasonable care.

As our Florida golf cart accident lawyers can explain, per F.S. 316.212, golf carts incapable of traveling more than 20 mph aren’t typically allowed to be operated on public roads – unless the roadway has a posted speed limit of 30 mph or less and is specifically designated for golf cart use. Golf carts are allowed to cross portions of a county road intersecting with a road approved for golf carts or a road that intersects a golf course or mobile home park. In any case, the roadway should have posted signs clearly indicating golf cart crossings. Operators of golf carts need not be licensed, but if they’re going to operate on a designated public roadway, they must be at least 14-years-old.

The recent case out of Delray Beach involved an 83-year-old grandfather who died in June after his golf cart was reportedly struck by a car at a crossing near a golf course. The decedent was reportedly crossing South Ocean Boulevard at an intersection with golf cart crossing signs. The Florida golf course accident lawsuit alleges the car driver was speeding, disregarded golf cart warning signs, and improperly passed another vehicle on the road before striking the cart.

 

According to Palm Beach Daily News, the decedent and his friend had just finished half of their first round of golf and were on their way to the other side of the course – by way of a designated crossing – when they were struck. The posted speed limit on the road is 35 mph. The police reported the defendant driver was traveling somewhere between 45-70-mph at the time of the collision. He reportedly didn’t see the golf cart before it was too late. The cart spun and then flipped. The passenger was pinned underneath, while the decedent was ejected, struck the passenger side of the car and ultimately landed on the road. He later died at the hospital, and is survived by his wife, adult children, and grandchildren.

While the Florida golf cart accident lawsuit is pending in civil court, a state prosecutor declined to press criminal charges. The assistant state attorney said that while the driver was careless behind the wheel, his actions didn’t rise to the level of a criminal offense. Police had initially sought a warrant in the case for vehicular homicide, but the state attorney has prosecutorial discretion. This, of course, underlines a key point in civil litigation, which is that the goals and proof burdens are very different than in criminal court. It isn’t necessary for someone to be charged or convicted in criminal court to prevail in a civil lawsuit. Instead, what is needed is to establish failure to use reasonable care, which is defined as the degree of caution a reasonable person would use in the same or similar circumstances. Continue reading

Published on:

Fort Myers car accident lawyerAnother rainy season is just around the corner here for us in Southwest Florida, where an average of 56 inches of rain falls annually. Just as safely navigating snow and ice are critical skills for drivers up north, careful driving in severe thunderstorms is imperative for motorists in South Florida. As a longtime Fort Myers car accident lawyer, over the years I’ve seen too many preventable crashes caused by drivers who failed to use adequate caution during heavy rain.

Although turbulent weather can be cited as a factor in a collision, it doesn’t negate the fault of drivers who operate their vehicles with less care than they should during a downpour.

If you drive in Florida, you owe certain reasonable duties of care to your passengers, other motorists, pedestrians, construction workers, bicyclists and anyone else sharing the road. Drivers are expected to take any and all precautions to drive safely at all times. Reasonable care is expected with regard to every vehicle or person in the foreseeable zone of danger. That means mostly driving at a speed that is reasonable for the amount of traffic on the road, but it also means adjusting one’s speed and driving behavior in accordance with weather conditions.

For example, a driver caught in a sudden rainstorm may be moving at the speed limit but still deemed to be negligently operating their vehicle because of the significantly reduced visibility and increased potential to skid and slide. Continue reading

Published on:

South Florida injury lawyerAs a longtime Florida car accident lawyer, I’ve come across many individuals who were tricked into believing that if they were involved in a crash, they had nothing to worry about because “I have full coverage.”

Unfortunately, in the auto insurance world, “full coverage” doesn’t go half as far as most people think. And even in situations with decent insurance, it can be a tooth-and-nail battle to compel the insurance company to pay their fair share.

In Florida, people have an especially warped view of how much might be covered because of the fact that we are a no-fault auto insurance state. The (erroneous) presumption is that insurance is going to cover damages, no matter who is at-fault. Although it is true that Florida requires personal injury protection (PIP) coverage of every vehicle owner, some (like motorcyclists) are expressly excluded. Plus, it only covers up to $10,000 in damages – and sometimes even getting them to pay that requires negotiation.

What Exactly Does it Mean to Have “Full Coverage” in Florida?

If you’re involved in a crash with another driver who assures you, “Don’t worry – I’m fully covered,” you shouldn’t assume that everything will be covered and that it’s ok to relax. For one thing, Florida is a no-fault state, meaning you can’t collect damages from the other motorist at all unless your injuries meet the serious injury threshold criteria, outlined in F.S. 627.737. You’d also have to prove the fault of the other driver. Over the years we have learned that insurance companies often don’t do the right thing and fairly pay claims; if they did our law firm would have little purpose and would likely be out of a job.

But beyond that, “full coverage” simply means that one has the bare minimum coverage legally required by Florida law – and that ain’t much. Specifically: Continue reading

Published on:

Florida distracted driving crashesFood delivery services, such as Uber Eats, Grubhub, and DoorDash, have been doing booming business in recent years. The online food delivery industry is now generating more than $26 million annually, and nearly one-third of Americans say they used food delivery services twice a week. But as their popularity has risen, so too have reported Florida distracted driving crashes attributed to their drivers.

Last year, there was the tragic case of an Uber Eats driver allegedly slamming into the back of a motorcycle in Tampa, killing a 19-year-old University of Tampa student on the rear of the bike and permanently injuring her brother, the operator. The 33-year-old food delivery service driver was reportedly on her phone making a delivery near campus when the crash occurred. According to The Tampa Bay Times, the police cited the driver for failure-to-yield, but the citation was tossed when the traffic officer failed to appear in court – a ruling the police department is appealing. No criminal charges have been filed, but the victim’s family has filed a wrongful death lawsuit. They allege Uber, its subsidiary, and the driver are all liable for their daughter’s untimely death. Specifically, they say the driver was rushed and inattentive/on her phone, and that Uber is negligent in failing to train her and for encouraging driver distraction with a feature that prompts workers to communicate with customers while they’re driving. Plaintiffs also say the company hired the driver despite a poor driving record that included citations for speeding, carelessness, and a crash.

Similar cases have been reported from Boston to San Francisco. There are currently numerous, ongoing personal injury and wrongful death lawsuits against the drivers, vehicle owners, and delivery app companies.

Factors in Food Delivery Driver Crashes

The reality is food delivery drivers have always been slightly more prone to crashes, even before smartphones were everywhere. In fact, they have one of the highest occupational fatalities rates in the U.S. Primary factors driving up crashes for food delivery drivers: Continue reading

Published on:

large truck crashesLarge truck crashes are on the rise throughout the U.S., according to a new report by federal safety regulators. This news comes just as trucking industry lobbyists have begun pushing hard for relaxed safety rules on things like hours of service and CDL age requirements to combat supply chain snags and driver shortages.

Fort Myers, Florida truck accident lawyers at Garvin Injury Law were troubled to learn that fatal accidents involving large trucks (those with a gross vehicle weight of 10,000+ pounds) reached nearly 4,500 in a single recent year. That’s the highest it’s been since 2005 when overall crash rates were at record highs. Factor in buses, and that figure shoots up to 5,230. About 1 percent of the total 550,000 large truck accidents reported each year are deadly, per the Federal Motor Carrier Safety Administration (FMCSA). However, the number of fatal crashes has gone up, even as the overall number of accidents has slightly fallen.

We also can’t overlook the fact that even when truck crashes aren’t deadly, people are frequently suffering injuries that are extremely serious if not catastrophic. There were 160,000 large truck crash injuries reported in 2019. Data shows us time and again that when someone is hurt or killed in a large truck accident, it’s the occupants of other vehicles – not the trucker –  bearing the brunt Pedestrians, bicyclists, and motorcyclists are also at high risk.

As for when/where large truck crashes are most likely to occur, the FMCSA gives the following breakdown:

  • 57 percent of all fatal large truck crashes occur in rural areas.
  • 25 percent occur on interstate highways, like I-75.
  • 13 percent fell in both categories, occurring on rural interstate highways.
  • 36 percent of all fatal truck accidents and 22 percent of all injury crashes occurred between the hours of 6 p.m. and 6 a.m.
  • 83 percent of fatal trucking accidents happened on weekdays.

The largest percentage of drivers involved in fatal truck accidents are between the ages of 46 and 55. Continue reading

Published on:

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:

Florida car accident injury riskA new analysis from the Insurance Institute for Highway Safety indicates that car accident injury risks are higher for women than men, though the reason appears to have little to do with physical differences. Rather, it comes down to the types of vehicles women tend to drive compared to men.

As our Fort Myers car accident injury lawyers know, men have long been known to be overrepresented in fatal crashes. Research suggests this is because men on average drive more miles and often engage in riskier driving behaviors (speeding, impaired driving and foregoing seat belts, etc.). But once IIHS researchers controlled for speed and other factors, they found women on a per-crash basis were nearly 30 percent more likely to be killed and 37-73 percent more likely to suffer serious injuries.

They concluded this had to do largely with the types of motor vehicles women tend to drive. Once study authors limited comparison to similar crashes and vehicle types, the gender discrepancies mostly disappeared. Women are more likely to drive cars that are smaller and lighter. They’re also more likely than men to be driving the vehicle that is struck in front-to-rear and side-impact crashes. These types of crashes can result in more severe injuries.

Curiously, they did discover an unexplained phenomenon of women being especially prone to serious leg injuries compared to men, something researchers said “will require more investigation.” 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