Fort Myers accident lawyer

rear-ended in Fort Myers 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

Nothing is more devastating than the wrongful death of a child. As a longtime Naples accident lawyer, I’m unfortunately all-too-aware that motor vehicle crashes are a leading cause of child deaths in the U.S. I also know most of these deaths are preventable – not only by the drivers involved but sometimes by auto manufacturers who fail to ensure the vehicles they sell are safe.

Car accident lawsuits against the makers of vehicles are a type of product liability claim. These are injury lawsuits, but rather requiring proof of negligence (the standard in a typical car accident case), Florida product liability claims are generally pursued under a legal theory called strict liability. This requires plaintiffs to show the product was unreasonably dangerous as designed or because of a manufacturing defect or because the warnings/instructions were insufficient.