Florida Personal Injury Lawyer Blog

Published on: March 14, 2023

A Dangerous Walk: Record High Risk of Fatal Florida Pedestrian Accidents

Florida pedestrian accident lawyer A sidewalk stroll in the South Florida sunshine should be a safe way to spend an afternoon. Unfortunately, walking alongside, in, around, and across Florida roadways is quite dangerous – and it’s only gotten worse in recent years. According to a new report by the Governors’ Highway Safety Association, the rate of deadly Florida pedestrian accidents ranks No. 2 in the nation, rising by 31 percent between 2020 and 2021. Nationally, drivers struck and killed nearly 7,500 people last year. That’s about 20 pedestrian accident deaths every day – more in any single year for the past 40.

Pedestrian deaths are most common in urban areas, particularly at night, and especially October-January. People 70 and older accounted for 38 percent of pedestrian accident deaths. High vehicle speed, increasingly larger vehicle size, lacking pedestrian infrastructure, and growing driver distraction are all cited as contributing causes to this serious and growing problem.

These stark statistics overshadow the fact that every single one of those numbers is the devastating loss of someone’s somebody – mom, dad, brother, sister, daughter, son, grandparent, or friend. Compounding the grief for so many is the fact that a sizable percentage of Florida pedestrian accidents are caused by hit-and-run drivers.

Our team of Fort Myers personal injury lawyers recognizes the unique challenges in pursuing civil litigation for pedestrian accidents. We have a track record of notable success in this area, even with more challenging cases. We’re committed to helping Southwest Florida pedestrian accident victims and their loved ones navigate their next steps, identifying avenues for potential legal action and offering advice on the most viable approaches. Continue reading

Published on: February 17, 2023

Why Fort Myers Motorcycle Accident Claims Are Trickier Than Your Typical Crash Case

by Leland Garvin

No two crash claims are going to be exactly the same. And Florida motorcycle accident claims especially tend to be a bit more complicated than your “typical” crash case (to the extent such a thing exists). There are a few reasons for this, as our Fort Myers motorcycle accident lawyers will explain further down.

Last year, in 2022, the Florida Department of Highway Safety & Motor Vehicles reported there were a total of 9,009 motorcycle crashes in the State of Florida. (Those are preliminary figures, which means they could ultimately increase.) Those collisions were associated with 7,765 injuries and 574 deaths. This means that of the more than 3,100 fatal total crash deaths recorded in Florida over the previous 12 months, 27 percent were motorcyclists. Of the total number of people injured in Florida traffic accidents, 5 percent were motorcyclists. This is despite the fact that motorcycles make up just 3 percent of the state’s total registered vehicles and account for just 1 percent of total vehicle miles traveled.

Florida has the unfortunate (though deserved) reputation of having one of the country’s highest motorcycle accident rates. Being one of the most populous states, of course there are going to be more crashes overall. However, even when controlling for population, the motorcycle injury and death rate is high. Part of this has to do with Florida being a destination for riders from across the country. We also have year-round sunny weather that’s ideal for riding, so residents and tourists alike tend to ride more. High speed limits and widespread driver distraction don’t help.

Published on: February 6, 2023

Beyond Workers’ Comp: Legal Liability for Florida Construction Accident Injuries, Deaths

by Leland Garvin

Construction is an industry vital to the growth of our communities. Still, there’s no question it’s also a dangerous profession. The U.S. Bureau of Labor Statistics reports that Florida construction accident injuries have accounted for nearly one-third of workplace fatalities in the state in recent years. Transportation incidents and falls, slips, and trips are the two most frequent causes of construction worker injuries. Harmful exposure to substances and violence was also problematic on job sites.

But even as job sites on the whole have gotten safer in recent decades, we may yet see an uptick in Florida construction accident injuries and deaths over the next several years. That’s because the industry is booming, deadlines are tight, and the pressure to complete jobs quickly and with as little overhead costs as possible can lead to safety hazards. Florida is a national leader when it comes to construction spending, with the Sunshine State pulling $37 million worth of building permits just in 2020 alone. The U.S. Census Bureau’s Building Permits Survey reports the Southwest region of the state is the busiest for construction firms.

So who is legally responsible when a Florida construction accident results in serious injuries or even deaths of workers? There’s a good chance there’s more than one possible defendant.

Workers’ Compensation Benefits for Florida Construction Accident Injuries & Deaths

As our Fort Myers injury lawyers can explain, the first step is usually workers’ compensation. This provides no-fault coverage for on-the-job injuries and illnesses, typically paid bi-weekly at 66 and 2/3 percent of one’s average weekly wage. Most employers in Florida are required to carry workers’ compensation coverage. It’s considered the exclusive legal remedy one has against an employer in the event of a work injury. If the employer doesn’t carry workers’ compensation as required, they can be sued in court – where payouts can be a lot higher than insurance premiums.

In the event of a death, F.S. 440.16 stipulates that survivor benefits through workers’ compensation include up to $150,000, which includes:

Up to $7,500 in funeral expenses.
66.67 percent of the decedent’s average wage to dependents. If there is a surviving spouse with no children, they’ll receive 50 percent of the average weekly wage, to cease upon death. If the spouse remarries, they’ll get a lump sum payment for 26 weeks of 50 percent average pay compensation. For surviving spouses with children, the spouse still receives 50 percent, with an additional 16.67 percent on account of the children. If there is no spouse, each surviving child may receive 33 1/3 percent. Parents of a decedent may receive 25 percent – assuming there is no surviving spouse or children. Next in line are siblings and/or grandchildren, who may receive 15 percent each – again assuming there is no surviving spouse or kids.

But while these benefits are the sole remedy against an employer, third-parties can still be held liable for workplace accidents resulting in injury or death. This is often a relief to families, as $150,000 only goes so far. Plus, workers’ compensation doesn’t allow for the collection of damages for things like physical pain and suffering, mental anguish, emotional distress, or loss of consortium – all of which can be recovered in a tort lawsuit against a third party.

When Property Owners Can Be Liable for Construction Injuries

A significant percentage of construction workers are employed by independent contractors, hired by property owners and/or developers to complete certain tasks on a construction site.

As noted in the recent case of Florida appellate case of Martex Corporation, et al v. Artiles et al, long-standing case law on Florida construction accident injuries holds that property owners who employ independent contractors to perform work on the property won’t be liable for injuries sustained by the independent contractors’ employee during the performance of that work. However, there are two major exceptions: Continue reading

Published on: December 22, 2022

Can Both Drivers Be At-Fault in a Fort Myers Car Accident?

by Leland Garvin

Fort Myers car accident lawyer Every single day, there are an average of 1,050 Florida car accidents, according to the Florida Department Highway Safety and Motor Vehicles. Almost always, the cause(s) of a crash can be traced to driver error. Common Fort Myers car accident catalysts include things like speeding, failure to yield, improper turning, following too closely, driving carelessly or recklessly, disregarding traffic signs or signals, failure to maintain proper lane, and driving while distracted or impaired.

But what if both drivers were at-fault in a crash?

As longtime Fort Myers car accident lawyers, we know it’s fairly common that both drivers shoulder some degree of responsibility for the collision. But what truly influences the dollar amount outcome in a Florida car accident case is not so much whether the injured plaintiff (the person filing the claim) shares any blame at all, but rather: How much?

This is because Florida follows a system of pure comparative negligence (referred to in F.S. 768.81 as comparative fault).

What is Pure Comparative Fault – and Why Does it Matter in Fort Myers Car Accident Cases?

Pure comparative fault means that in any negligence action – including car crash claims – the at-fault parties are only responsible to pay for their own portion of the blame. So in a two-car crash with both parties sharing some measure of fault, the damage award (legalese for financial compensation aka money) that is available to the plaintiff will be proportionally reduced by how much of the blame they share.

For example, if Driver 1 was 30 percent at-fault, Driver 2 was 70 percent at-fault, and total damages topped $100,000, the most that Driver 1 could collect as a Florida plaintiff would be $70,000. Conversely, the most Driver 2 could collect as a plaintiff would be $30,000.

“Pure comparative fault” means that even a person who is 99 percent at-fault for a Fort Myers car accident could still collect on 1 percent of their total damages from the other at-fault driver. That said, collecting only 1 percent of damages (ex: $1,000 on a $100,000 claim) isn’t a desirable outcome for any plaintiff. Skilled South Florida injury lawyers know how to make effective legal arguments to help minimize assertions of comparative fault – with the end goal of maximizing your damage award payout.

It should be noted that Florida is in the minority of states for its pure comparative fault law. Most other states with comparative fault laws impose a 50 percent or 51 percent “bar.” That means each person or entity is only financially responsible to cover their own percentage of fault. BUT if the plaintiff is 50+ percent to blame, they will be barred from collecting anything at all. Some states take it even further, holding that if a plaintiff shares just 1 percent of fault, they are barred from collecting anything at all.

So Florida is actually one of the most plaintiff-favorable states in this regard. However, that doesn’t mean your car accident case will be easy or that you should cede much ground on this issue if you can help it.

Wait – Isn’t Florida a No-Fault Car Accident State?

Published on: November 23, 2022

Florida Roadway Hazards After a Major Hurricane

by Leland Garvin

Florida roadway hazards after hurricane Southwest Florida is still reeling from the unprecedented devastation of Hurricane Ian, a huge storm with near-Category 5 winds and storm surges that reached 12-18 feet in some areas of Lee County.

At Garvin Injury Law, we are lifelong Floridians and while we have lived through many previous storms this one was particularly tough. Along with the rest of the community, our hearts are broken at the loss of life and the sheer scope of damage and displacement. As we all grieve what’s been lost, begin to clear the rubble, and prepare for our next steps, we want to make sure folks are aware that there are still a number of ongoing roadway hazards after a hurricane. Motorists, pedestrians, bicyclists, truck drivers – all of us need to be using extra caution as we navigate our battered neighborhoods.

We all know it’s not wise to be driving during a big storm if it’s avoidable. But in the wake of a major hurricane, there are many Florida roadway hazards that persist in the days, weeks, and even months following. There’s flooding, of course, though that has thankfully receded for the most part. But it’s given way to new dangers. We’re now seeing the traffic in coastal cities like Fort Myers, Naples, and Cape Coral becoming badly gridlocked. There are also issues with non-functioning traffic signals, damaged/washed out roadways, roadway debris, more pedestrians/bicyclists than usual, and people attempting to drive vehicles that have been damaged by flood waters.

Here, we’ll outline some of the top road concerns – and how to stay safe on our streets as we work toward recovery and rebuilding. Continue reading

Published on: November 11, 2022

What it Takes to Prevail in a Florida Bad Faith Property Insurance Claim

by Leland Garvin

Fort Myers bad faith insurance lawyer If you are a resident or property owner in Southwest Florida (particularly in Lee County, Collier County, and Charlotte County), odds are fair that you’re dealing with some type of insurance claim due to destruction caused by Hurricane Ian. Although insurance companies can be frustrating to work with even under “normal” circumstances, keeping up with your claim can become 10 times more stressful in the wake of a natural disaster. One thing to bear in mind is that if the insurers do not respond to your claim in good faith, it may be possible to hold them accountable with a Florida bad-faith insurance claim.

As our longtime Fort Myers-based property damage attorneys can explain, Florida bad faith insurance laws were enacted to protect consumers from insurer practices that are unfair or fraudulent. Lawmakers understand the substantial power imbalance between consumers and insurers, as well as the outsized impact on “the little guy” when insurance companies don’t act in good faith. Such claims are separate from the underlying damage claim and are specifically for accountability when an insurance company acts with the intent to deceive, mislead, or fail to fulfill a contractual obligation.

That said, simply having a claim denied is not, in and of itself, bad faith insurance. Fort Myers bad faith insurance claims can be complex and require a great deal of evidence. If you’re struggling to get your insurer to accept accountability and pay a claim they should, it’s time to involve a property damage lawyer. We will work tirelessly on your behalf to convince the insurers to pay their fair share. And if they act in bad faith, we’ll be there to help you gather the necessary evidence to prove it in court.

Some points of contention that we’re already seeing bubble up in pending Florida property insurance and business interruption claims:

Was the damage from wind or flooding?

There has been some early industry speculation that much of the property damage reported in Lee, Charlotte, and Collier Counties won’t be covered by property insurance policies, thanks to the flood exclusion in a lot of these policies. Many Homeowners Insurance policies cover wind damage (specifically windstorm coverage), but flood insurance is typically sold separately and is most often run by FEMA and the National Flood Insurance Program, although there are some insurers who write private flood coverage.

However, as our Fort Myers property damage lawyers can explain, the presumption of flooding as the cause of extensive damage is not an early stage assumption to which insurers should leap. Of course, it’s in the insurance company’s best interest to categorize it this way because then they’re more likely to be able to cite exclusions that they don’t have to pay. But the same thing happened in other named storms (thinking primarily of Hurricane Michael and Hurricane Ivan). Ultimately in those cases, it was determined the damage was actually partially – or sometimes fully – the result of wind-related damage. Continue reading

Published on: October 25, 2022

Filing a Florida Business Interruption Insurance Claim After Hurricane Ian

by Leland Garvin

Florida business interruption insurance Hurricane Ian The number of Florida insurance claims filed after Hurricane Ian is steadily rising, with the Florida Office of Insurance Regulation estimating there have so far been nearly 450,000 claims, more than 12,300 of those being commercial property claims. Those figures are likely to climb. Insured losses for wind damage are estimated to be somewhere between $23 billion and $35 billion, while flood losses covered by private insurers and the National Flood Insurance Program are going to be anywhere from $8 billion to $18 billion. (The actual amount of damage is much higher; these are only the estimated losses covered by insurance.)

For Southwest Florida business owners forced to halt operations – temporarily or indefinitely – it’s a smart idea to consult with a Fort Myers business interruption insurance claim lawyer.

Small businesses are the heartbeat of Florida’s Gulf Coast, especially in the restaurant and hospitality industry. Business interruption insurance covers losses sustained when you’re forced to shut down your business for a covered reason. It isn’t required in Florida, but it is highly recommended for South Florida companies – for situations just like this.

Hurricanes are notorious for closing down South Florida businesses for various stretches. Business interruption insurance won’t cover the property damage losses (which are hopefully covered in your commercial insurance policy). What it can do is cover things like:

Lost income and profits.
Fixed expenses, like utilities and payroll.
Ongoing tax burdens.
Reasonable expenses incurred while business is temporarily operating elsewhere.
Lost rental income.
Relocation expenses.
Small business loan payments.

Typically, business interruption policies only apply in situations where there is physical damage to the business property or some other property that precludes employees and customers from entering. An example of the latter situation would be the destruction of the Sanibel Causeway, the only roadway on/off the island making entry only accessible by boat or aircraft. Continue reading

Published on: October 19, 2022

How Do I Negotiate With an Insurer After Fort Myers Property Damage?

by Leland Garvin

Fort Myers property damage attorney Many in our Southwest Florida community who sustained Fort Myers property damage during Hurricane Ian are wondering where to even begin when it comes to filing insurance claims. Roofs were blown off. Lanais are no more. Vehicles were flooded. Homes were flooded if not entirely swept away.

Industry analysts are estimating this may have been the costliest storm in Florida’s history – which is saying something. Early insurance industry estimates of the damage are falling roughly around $53 billion. Some are already saying the final number could be higher.

As Fort Myers civil trial attorneys offering help with Florida business interruption insurance claims and bad faith insurance actions, we can offer some insight on how to get the process started. Good property damage attorneys can help you fight back when insurance companies pinch pennies, lowball your legitimate claims, and try to deny you the relief you’re owed according to the terms of your policy.

Property damage insurance companies in Florida are notorious for downplaying the extent of the damage, looking for any possible loophole to deny coverage. As you go through the process of negotiating for coverage, it’s important to understand how the process works – and when you may want to seek intervention with a South Florida property damage lawyer.

The Process for Fort Myers Property Damage Insurance Claims

As you wade into negotiating a Fort Myers property damage insurance claim, it’s important to understand how the claims process works.

In many cases the following process takes place: Continue reading

Published on: September 21, 2022

Fort Myers Injury Lawyer Tips for Talking to Insurance Adjusters

by Leland Garvin

Despite warm-and-fuzzy slogans such as “like a good neighbor” and “you’re in good hands,” insurance companies are not, in fact, looking out for your best interests. In fact, adjusters actively pursue every opportunity to minimize or deny claim payouts at every turn possible; most often they are looking out for their shareholders or the interests of the corporation. As Fort Myers injury lawyers, we’ve become closely familiar with all the ways in which insurance adjusters lull claimants into a false sense of security as they seek out the slightest inconsistency that may allow them to cite a coverage exemption or a reduction in payout.

On the other hand, Insurance companies do have a legal responsibility to act in good faith, per F.S. 624.155. Examples of bad faith insurance would be things like unnecessary delays on claims, misrepresentations of coverage, ambiguous policy exclusions, denying valid claims without just cause, or extremely lowballing payouts.

But even when insurers don’t cross the threshold of bad faith, they can still undermine your claim in a number of ways.

Published on: September 14, 2022

Fort Myers Golf Cart Injury Lawyer Talks Liability in Florida Cases

by Leland Garvin

Golf carts were designed with the goal of making it easier for golfers to efficiently traverse the long stretches on the green. But here in South Florida, they’ve become fairly ubiquitous in residential neighborhoods, with operators ranging from spritely senior citizens to carefree kids as young as 8 or 9. It’s also not uncommon to spot them in mobile home communities, airports, sporting events, or at amusement parks. As a Fort Myers golf cart injury lawyer can explain, the presence of golf carts on Florida roadways has led to an increase of dangerous collisions with cars and pedestrians, as well as tipping and rollovers.

The National Electronic Injury Surveillance System database reports that between 2010 and 2019, there were more than 63,000 reported golf cart injuries in the U.S. The annual figure has risen steady during that time, from about 5,500 in 2010 to more than 6,500 in 2019. Kids under 12 suffered the highest percentage of injuries, with most of those occurring on school campuses or at sporting events. More than 40 percent of reported injuries involved head and neck injuries.

Florida Golf Cart Rules

State law on golf cart operation is spelled out in F.S. 316.212, and stipulates that golf carts can be operated on certain public county roads, municipal streets, and state highways – but only after consideration by local government leaders about whether golf carts can safely travel and cross those thoroughfares. There should also be signs present.

Under current law, operators don’t need a driver’s license (though they should be at least 14). Nor do golf carts need to be licensed or insured like a car. But if a golf cart is allowed to be driven on the road, the operator must obey all traffic laws – including prohibitions on things like careless driving, failure to yield, running a stop sign, improper turning, and driving under the influence. Such actions could be used as evidence of negligence against the operator if his or her actions cause injury to another.

In Southwest Florida, local county and city governments have a patchwork of rules for when and where golf carts can be operated. For example, Lee County ordinance as of 2009 allows golf carts to be operated from sunset to sunset on county roads on Captiva Island. If the cart is equipped with headlights, brake lights, turn signals, and windshields, it may be operated at night. Operators under 17 with a driver’s license can operate golf carts on those roads from 11 p.m. to 6 a.m., but only if they’re accompanied by an over-21 licensed driver; exceptions are made if the youth is going to or from work.

Meanwhile in Cape Coral, golf carts used to be allowed on certain city roads, but city council reversed course last year and banned golf carts on all city streets.

Recently, council members for the City of Fort Myers have been mulling the possibility of allowing golf carts on certain roads. Proponents argue the carts are easy to drive, energy efficient, and convenient. Those opposed to the measure cite the potential dangers. Discussion on the proposal has been tabled for the time being, but if ultimately approved, the ordinance would allow golf carts to be operated on roads with speeds of 35 miles-per-hour or less. Operators would need a valid driver’s license, and all carts would be outfitted with the proper safety lights. Residents and the City of Fort Myers has continued to debate whether or not this is a good idea on the bike paths in and around McGregor Boulevard.