Being 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:
- The lead vehicle made a sudden and unexpected stop.
- The lead vehicle suddenly changed lanes in front of the following vehicle.
- The lead vehicle had inoperable brake lights.
- 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 System
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
- Ensure safety and call 911 to report the accident
- Exchange information with the other driver
- Document the scene with photos if possible
- Seek medical attention within 14 days (preferably immediately)
- Notify your insurance company
- Consult with a personal injury attorney before giving statements to any insurance companies
Why Consulting an Experienced Personal Injury Attorney Is Essential
Having represented numerous rear-end collision victims in Fort Myers, Lee County, and throughout South Florida, I’ve seen how insurance companies often attempt to minimize claims or deny them entirely. An experienced SWFL personal injury attorney can:
- Preserve critical evidence before it disappears
- Handle all communications with insurance companies
- Ensure you receive proper medical treatment
- Accurately calculate the full extent of your damages
- Determine if your case qualifies to step outside the no-fault system
- Negotiate skillfully for a fair settlement
- Prepare your case for trial if necessary
Moving Forward After Your Accident
Being rear-ended can disrupt your life in ways both expected and unexpected. From physical pain to financial strain to emotional distress, the impacts can be far-reaching. As someone who has guided many Fort Myers residents through this process, I encourage you to focus on your recovery while allowing experienced legal counsel to advocate for your rights.
Remember: the decisions you make in the days immediately following your accident can significantly impact your physical recovery and financial future. Don’t navigate this challenging time alone.
If you are injured in a car accident in Fort Myers, Naples or Key West, contact Garvin Injury Law at 800.977.7017 for a free initial consultation.
Additional Resources:
NHTSA Finalizes Key Safety Rule to Reduce Crashes and Save Lives, April 29, 2024, NHTSA
More Blog Entries:
Fort Myers Injury Lawyers Discuss Compensation in Florida Hit-and-Run Cases, March 17, 2025, Fort Myers Car Accident Lawyer Blog