Florida Personal Injury Lawyer Blog

Published on: August 29, 2023

How Speeding Can Diminish Your Cape Coral Car Accident Claim

Cape Coral car accident attorney on speeding dangers Excessive speed is a factor in approximately one-third of all fatal crashes, according to the NHTSA. As Cape Coral car accident lawyers, we’ve seen far too many cases where rushed drivers recklessly put others’ lives at risk just so they could get to where they’re going a bit sooner.

Most drivers recognize speeding as risky, according to a recent AAA survey, and yet more than 50 percent admit driving 15 mph or more over the designated limit on the freeway at least once in the last 30 days.

What many people don’t realize is that even if they’re careful and attentive while sneaking past that speed limit, such violations have the potential to significantly curb the amount of financial compensation they can collect if they’re injured in a Cape Coral car accident – even if they weren’t the primary cause of it. This is especially true given the recently-passed state legislation introducing modified comparative negligence rules, limiting the right to any compensation whatsoever to drivers deemed more than 50 percent at-fault for a crash. (It used to be that a driver who was 99 percent liable could still collect on the other 1 percent in damages from the other at-fault driver, though obviously such a disparity wouldn’t be a desirable outcome.) Speeding can be considered in determining comparative fault behind the wheel.

What is Comparative Fault?

Comparative fault is defined in Florida Statute 768.81. It’s the recognition that there can be multiple factors that contribute to an injurious accident, and that each party should only have to pay their fair share.

As our Cape Coral car accident lawyers can explain, it’s the contributory fault of the plaintiff in a negligence action that proportionately diminishes the amount of money (economic and non-economic damages) one can collect for an injury. While it proportionately reduces the amount a person can collect, contributory fault won’t entirely bar recovery of damages – so long as their share doesn’t exceed half.

Every state has their own rules about contributory fault standards. Some hold that if you are even 1 percent responsible for the crash, you walk home with $0. Others set the cutoff bar at somewhere between 49 and 50 percent. Florida was one of the few pure comparative fault states that had no bar for recovery. That changed this spring with a slew of state tort reform measures.

Comparative fault is sometimes referred to as “the claim killer” because if proven, it can erode the monetary value of your case. An experienced personal injury lawyer can work to push back against comparative fault claims – but clear evidence of speeding is unquestionably going to count against any plaintiff in such an analysis. You may not have made the wrong left turn, but if you were going 15mph over the speed limit, the severity of the crash was likely amplified – and that factors into the comparative fault analysis. Continue reading

Published on: August 15, 2023

Who is Responsible for Fort Myers Teen Car Accidents?

by Leland Garvin

For a teenager, that first set of car keys feels like freedom – at last! Parents, of course, usually have a different perspective. There’s often a great deal of apprehension around those first few driving years. Unfortunately, those concerns are well-founded, as the risk of Fort Myers teen car accidents is especially high for new drivers.

According to the U.S. Centers for Disease Control and Prevention, car crashes are a leading cause of death for teens. In a single recent year, 3,058 teens ages 13 to 19 were killed in car accidents and another 227,000 were injured. Not all of those involved teen drivers of course, but the risk of fatal Fort Myers teen car accidents is three times higher for those 16 to 19 than in any other driving age group (per miles driven). Drivers aged 16 and 17 were at higher risk than those 18 and 19.

The good news is that since the mid-1990s and early 2000s, more states started adopting graduated licensing systems for young motorists. The purpose is to phase in driving privileges, rather than simply hand over the keys and hope for the best.

In Florida, graduated driver licensing laws outline limits and restrictions for drivers 15 to 17. For instance, teens with a learner’s permit (which they hold for at least 12 months or until they turn 18, whichever comes first) are only permitted to operate a car during daylight hours for the first three months. They’re restricted from driving after 10 p.m. They must always be accompanied by a licensed driver over the age of 21, and they need at least 50 hours of supervised driving – including 10 nighttime hours. Once they earn their driver’s license, 16-year-olds aren’t permitted to drive between 11 p.m. and 6 a.m., and must always be accompanied by an over-21 licensed driver – unless they’re driving to or from work. Once they turn 17, they are given a bit more freedom with nighttime driving, but still can’t be on the road between 1 a.m. and 5 a.m. They also must be accompanied by an over-21 licensed driver unless they’re driving to and from work.

So, Who Pays For Fort Myers Teen Car Accidents?

Published on: August 4, 2023

Fort Myers Crash Lawyer Tips: What to Do If Your Car Catches Fire

by Leland Garvin

Car fires aren’t anywhere near as common as they used to be a few decades ago. However, as a Fort Myers crash lawyer, I’ve seen more than a few lead to serious injuries.

Thousands of vehicles have caught fire over the last decade – including at least a half a dozen electric vehicles that went up in flames in Southwest Florida following Hurricane Ian-related flooding. (Similar issues were also reported with golf carts and scooters post-storm – especially dangerous because unlike car fires caused by engine combustion, those involving compromised batteries can keep reigniting.)

Are Florida Vehicle Fires Truly That Big of a Problem?

Overall occurrences of vehicle fires have dropped by 60 percent since the 1980s, according to the National Fire Protection Association (NFPA). But whether the car is powered by gasoline, lithium-ion batteries, hybrid powertrains, or electricity – car fires are always a possibility after a crash. In a single recent year, the NFPA estimates there were more than 212,000 vehicle fires in the U.S., resulting in 1,500 injuries, 560 deaths, and nearly $2 billion in property damage. It breaks down to about 400 vehicle fires daily. Vehicle fires resulted in 4.5 times the number of deaths as non-residential structure fires and 1.6 times the number of apartment fire deaths. Fires involving vehicles account for 16 percent of the 1.3 million fires that get reported to fire departments annually, as well as 15 percent of fire-related deaths and 10 percent of fire-related injuries.

The vast majority of these are highway vehicle fires, the most common causes are:

Mechanical failures & malfunctions
Electrical failures & malfunctions
Misuse of certain products or materials, such as spilling caustic liquids too close to the car

Older vehicles are especially prone to issues with flammability. When larger trucks are involved in a crash-related fire, the potential injury or death rate soars.

In some cases, vehicle manufacturers may be responsible for vehicle fires. For example, more than 7 million Kia and Hyundai vehicles have been recalled for vehicle fire risk, with more than 3,100 such fires (and 103 deaths) reported since 2010, according to the National Highway Traffic Safety Administration (NHTSA). It’s thought that perhaps these fires are related to the type of engine used by both car makers (they use many of the same parts suppliers), but it’s also possible faulty brake systems, wiring, and battery issues may be to blame. Where manufacturers haven’t been able to fix the fire risk right away, they’ve urged drivers to park the vehicles both outside and away from structures to minimize the odds of property damage if the vehicles do catch fire.

What Should I Do if My Car Catches Fire?

Published on: July 18, 2023

Legal Liability for Florida Swimming Pool Accidents

by Leland Garvin

Fort Myers Florida swimming pool accidents Here in South Florida, swimming pools are a way of life. Unfortunately, they can also be the cause of death and serious injury. Florida swimming pool accidents result in hundreds of drownings each year – many of them children.

While pools can be a ton of fun, understanding the inherent dangers can go a long way toward keeping pool-goers alert, particularly when kids or other vulnerable populations are in close proximity.

Residential pools – of which there are well over 1.1 million in Florida – are the site of 60 percent of all drownings in the Sunshine State. Still, resorts, water parks, hotels, apartment complexes, and condo associations are common sites as well. Individuals and entities can be held legally liable for drownings or other injuries if there is evidence they failed to provide proper maintenance, signage, security/fencing, or supervision.

Kids under 5 are at the highest risk of drowning deaths. It doesn’t take more than a minute or two. The vast majority of young kids who drown in Florida are out of sight for no more than 5 minutes – and 70 percent of those weren’t expected to be anywhere near a pool at the time it happened.

In addition to drowning, other types of Florida swimming pool accidents include: Continue reading

Published on: June 27, 2023

Southwest Florida Injury Lawyers Warn of South Florida Summertime Driving Dangers

by Leland Garvin

Cape Coral injury lawyers summer driving risks

Cape Coral injury lawyers talk summer driving risks

People tend to think of winter as the most dangerous time for drivers. To be sure, there are unique, cold-weather road hazards like ice, snow, and an increased likelihood of engine trouble. That’s not so much of an issue here in Lee, Collier, and Charlotte Counties Florida. But summertime driving dangers actually lead to more crashes – and Cape Coral injury lawyers know South Florida isn’t immune to those like we are those wintry road risks.

A number of highway hazards are heightened from late May to early September.

According to the National Highway Traffic Safety Administration (NHTSA), August is one of the deadliest months for Florida drivers. Cape Coral injury lawyers know it’s not a coincidence this is also around the same time there’s an uptick in heavy rains/flooding, increased traffic, higher temperatures (causing heat-impacted vehicle damage), holiday parties/vacations, and no school.

The “Summer Scaries” on SWFL Roads

Maintaining safety on the roads means anticipating what hazards you are likely to encounter. For South Florida in the summertime, those include: Continue reading

Published on: June 13, 2023

“Can I Still Win a Florida Injury Lawsuit if I Signed a Waiver?”

by Leland Garvin

Florida injury lawsuit waiver of liability Florida is a vacation destination, and many find opportunities here to engage in activities for which businesses require you to sign a waiver, releasing them from liability if you get hurt. Such excursions include things like parasailing, boating, go-kart racing, trampoline park jumping, golf cart driving, and Jet Ski riding. But while waivers and releases are generally enforceable in Florida, your hope of winning a Florida injury lawsuit may not be entirely lost. If you or a loved one is seriously injured in an activity for which you signed a waiver, it’s important to avoid any presumption that you don’t have a case until you’ve had a chance to talk to a skilled personal injury lawyer.

The enforceability of a waiver often comes down to the precise language it contains compared to the exact details of what happened to cause your injuries.

A prime example of this was the 2014 non-precedential opinion of Florida’s 5th District Court of Appeal in Gillette v. All Pro Sports, LLC. Here, a woman was injured in a go-kart accident at a facility operated by the defendant. The injured woman alleged an employee of the facility increased the speed of the go-karts during the race, resulting in her loss of control of the vehicle and subsequent crash into a railing that resulted in injuries. She sued for her injuries under the legal concept of negligence.

In its defense, the facility cited a waiver of liability that the woman had signed prior to getting on the go-kart. The trial court granted summary judgment favoring the defendant. The appellate court reversed meaning that she was allowed to sue and have her case move forward.

Firstly, any clause of a contract that aims to deny an injured party the right to recover damages from the party that negligently caused the injury is to be strictly construed against the party seeking to avoid liability. Secondly, if such clauses are to be enforceable, they must be blatantly clear and understandable so that any ordinary person would know exactly the rights they’re foregoing by signing.

Here, the waiver indicated the user would: Continue reading

Published on: June 2, 2023

Florida Yellow Light Car Accidents: Who’s At Fault?

by Leland Garvin

We all know red-lighting running is unequivocally illegal – not to mention incredibly dangerous. But what about Florida yellow light car accidents?

Determining fault in a yellow light crash can be more complicated than identifying negligence in a red light crash. That’s because with yellow lights, the law allows room for driver discretion. When a traffic light is red, we all know that means stop. When it’s green, we know that means go. But yellow is that brief in-between window where drivers have to decide whether they have enough time to safely proceed through the intersection before the light turns red or if they need to stop. Not all drivers are going to make the same call. And whether the call was reasonable may factor into the question of fault if someone is injured in a yellow light crash.

There are two basic approaches to traffic law on yellow light signals: Permissive yellow light law and restrictive yellow light law. It depends what state you’re in. Permissive yellow light law allows a driver to enter the intersection at any point during the entire yellow light interval and be in the intersection/proceed through it when the light turns red, so long as they entered the intersection while the light was still yellow. A restrictive yellow light law is one wherein a vehicle can’t enter the intersection if the light is yellow, unless the vehicle is able to clear the intersection before it turns red OR the vehicle can’t enter an intersection with the light is yellow unless it’s impossible or unsafe to stop.

As our Fort Myers car accident lawyers can explain, Florida has a permissive yellow light law.

All Florida traffic signal devices must use a yellow “caution” light between the green and red lights. F.S. 316.075 explains that with respect to a steady yellow light (as opposed to a flashing one):

Vehicle traffic facing the yellow light is considered warned that the green light is being terminated and the red indication – when vehicles should not enter the intersection – will be displayed immediately after.
Pedestrians facing a yellow light are advised there isn’t enough time to cross the road before a red light is shown and no pedestrian should start to cross the road at that point.

With respect to flashing yellow lights at Florida intersections, these warn approaching drivers to proceed through the intersection with caution, yielding the right-of-way to vehicles that are already in or approaching the intersection first.

Types of Florida Yellow Light Car Accidents

So what goes wrong in Florida yellow light car accidents? There are a few common scenarios. These include:

Drivers who stop at an intersection upon approaching a yellow light are rear-ended by another driver who fails to stop.
A driver making a left turn at an intersection yellow light fails to yield the right-of-way to another driver traveling straight in the opposite direction.
A pedestrian is struck by a vehicle while making their way across the street at an intersection when the light is yellow – or just after it’s turned red (assuming they didn’t start to cross the street when the light was yellow, but rather the light turned yellow before they finished crossing the road).
A driver accelerates through a yellow light, trying to “beat” the red light, and in turn end up crashing into slowing or stopped traffic ahead, a pedestrian, or another vehicle coming from the opposite direction.

How Do Courts Determine Fault for Yellow Light Crashes?

A driver may or may not be liable for a crash at a yellow light. It all comes down to the fact pattern, and whether the driver’s judgment was reasonable and justified based on the circumstances. Continue reading

Published on: May 30, 2023

What Florida Motorcyclists Need to Know About the State’s New Negligence Law

by Leland Garvin

Florida motorcyclists accident lawyer I’m going to say something right off the bat that I know won’t win me brownie points with Florida motorcyclists: You should all start wearing motorcycle helmets.

Before you scroll away, hear me out. This is not me getting preachy about the risks. You already know them. And it’s not that Florida’s motorcycle helmet law has changed. You still don’t legally have to wear one (assuming over 21 and have sufficient insurance, in accordance with F.S. 316.211).

This is about a recent state law change that will significantly impact the amount of damages you can collect if you’re injured in a crash while you aren’t wearing protective headgear – even if the crash wasn’t your fault.

As a longtime Fort Myers motorcycle accident lawyer, I have always been proud to advocate for the people in Southwest Florida who have been harmed in the course of their everyday lives through little-to-no-fault of their own. This includes Florida motorcyclists who aren’t breaking any laws in exercising their right to forego a helmet. This new law won’t shake that commitment. It will, however, make the job much harder.

Florida’s new comparative negligence standard is going to affect basically everyone who is filing a personal injury action in Florida from here out, but motorcyclists especially need to take heed.

Changes in Florida’s Injury Law Standards

The new tort reform measure, HB837, was rushed through the state legislature on the faulty premise that frivolous lawsuits are driving up insurance premiums. Not only is this incorrect, but we’d be willing to wager high stakes those auto insurance rates won’t drop much if at all.

There are many concerning elements contained in the new law, but it’s the altered comparative negligence standard we’re presently focused on. Overnight, we went from following a standard of pure comparative negligence to one of modified comparative negligence with a 51 percent bar. Fort Myers motorcycle accident lawyer

Before we get into why that matters, let’s start with the fact that in many car accidents, motorcycle accidents, and bicycle accidents, more than one party is at-fault. Maybe you were speeding, but the other person entered your lane unsafely. In cases where there is more than one party at-fault, insurers and/or courts assign fault percentages. These can be used to determine how much the injured person is owed. For instance, if you’re assigned 20 percent fault and the other driver 80 percent and your total damages are $100,000, the other at-fault driver would be responsible to pay you $80,000.

Pure comparative fault, which is what we had before, allowed plaintiffs to be found up to 99 percent at-fault – and still collect the remaining 1 percent of damages from the other at-fault driver. (That’s not an ideal outcome for the plaintiff, of course, but it ensures everyone is accountable for their own actions.)

But now, we have a 51 percent bar on the plaintiff’s fault. What that means is if you’re more than 50 percent at-fault, you can’t collect any damages at all. The other driver could be 49 percent at-fault, and wouldn’t have to pay a thing.

What Does This Have to Do With Motorcycle Helmets?

Published on: May 16, 2023

Employer Liability for Fort Myers Car Accidents Involving Working Drivers

by Leland Garvin

Fort Myers car accidents attorney There are a number of situations where employers in Florida can be held legally responsible for the damage caused by negligent employees – even if the employer didn’t directly cause the damage. This is what is referred to in civil injury law under the concepts of “vicarious liability” and “respondeat superior”. Essentially, it’s an imputed liability for the actions of a subordinate third party, typically an employee or child. It usually comes down to the level of control the supervisory party has over the negligent party.

Vicarious liability comes up a fair amount in Fort Myers car accidents that involve working drivers. Usually, a company isn’t responsible for crashes that occur during a worker’s commute to-and-from work. However, if the crash occurred while the employee was acting in the course and scope of employment (i.e., making a delivery, running a work errand, going from one job site to the other, etc.), the employer can be held vicariously liable. (Specifically with respect to employers, there is a legal doctrine known as “respondeat superior,” which is Latin for, “let the master answer.”)

Also in Florida, vehicle owners can be held vicariously liable without any need to prove direct negligence. That’s because long-standing legal precedent in Florida considers motor vehicles to be inherently dangerous instrumentalities. If a vehicle owner entrusts someone else to operate a vehicle they own, the owner can be held vicariously liable for the negligent operation of it that leads to someone else getting hurt. So, in Fort Myers car accidents that involve someone using a company vehicle – even if they weren’t technically on the job – the employer might be held legally responsible as the vehicle owner.

In a recent crash case before Florida’s 4th District Court of Appeals, the question was whether claims of direct negligence against two supervisors of an allegedly negligent employee driver were valid. According to the written opinion in Jones v. Vasilias et al., the underlying action arose from injuries sustained by the plaintiff when he was riding his bicycle along a busy street in front of an auto dealership in Palm Beach County. Just as he passed the driveway, an employee of the dealership was leaving in a van to make a delivery. The two collided. Continue reading

Published on: May 11, 2023

How a Florida Hospital Lien May Impact Your Fort Myers Personal Injury Lawsuit

by Leland Garvin

Medical bills are one of the central claims filed in virtually any Fort Myers personal injury lawsuit. But if you don’t have health insurance (or enough health insurance) while your personal injury claim is pending, you could well find yourself with something called a hospital lien.

As our Southwest Florida personal injury lawyers can explain, a hospital lien – sometimes called a medical lien – is basically when a healthcare provider is granted payment rights for services rendered to a patient with a pending personal injury case. This seems fair enough: You get treatment at the hospital after a car accident, file a personal injury lawsuit against the at-fault driver, and providers are ultimately paid from the amount collected in that case. (You likely even signed discharge paperwork granting them permission to send in a claim against any court-awarded costs to pay medical debts related to your treatment.)

Where it can get a bit dicey is in determinations about how much is “reasonable.” Healthcare providers may have one idea about what’s “reasonable,” and the auto insurer(s) involved may have quite another. It’s a major issue because, in the Sunshine State, hospital liens are often given priority over any and all other recoverable damages – including lost wages, pain, and suffering, etc. That means they may argue that they are first in line when it comes to getting paid.

Who can you trust to advocate for you during these negotiations? Your Fort Myers personal injury lawyer’s at Garvin Injury Law. Not only do we understand what is considered reasonable for services rendered, we know what insurers are likely to agree on and whether the injured party may face challenges in actually collecting that sum. We’re also skilled in negotiating with hospitals and other healthcare providers on this front.

Also worth noting: Florida does it a bit differently than other states. While most other places have a single hospital lien statute, Florida allows each county to enact its own hospital lien statutes. (The state used to have a single health care lien law, but it was deemed unconstitutional in the 2012 Florida Supreme Court ruling in Shands Teaching Hosp. & Clinics, Inc. v. Mercury Ins. Co. of Fla.) What this ultimately means is there can be a big difference between when you might expect in Monroe County or Collier County versus what you might expect in Lee County or Sarasota County. Some counties don’t allow medical liens at all, while some do require they be filed in short order. Continue reading

Florida Personal Injury Law Blog

What is Comparative Fault?

So, Who Pays For Fort Myers Teen Car Accidents?

Are Florida Vehicle Fires Truly That Big of a Problem?

What Should I Do if My Car Catches Fire?

The “Summer Scaries” on SWFL Roads

Types of Florida Yellow Light Car Accidents

How Do Courts Determine Fault for Yellow Light Crashes?

Changes in Florida’s Injury Law Standards

What Does This Have to Do With Motorcycle Helmets?