Fort Myers car accident

Published on: December 22, 2022

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

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: September 23, 2020

Teen Drivers at Higher Injury, Death and Crash Risk in Older, Smaller Vehicles

by Leland Garvin

teen driver crash risk

Car accidents are the leading cause of death for Florida teens, and adolescents face four times the crash risk as drivers over 20, particularly within the first 18 months after receiving their driver’s license. Part of the reason for that could be immaturity, which could lead to dangerous actions behind the wheel that heighten the crash risk. But a new report also finds teen drivers have a greater chance of serious injury or death in a crash because they’re more likely to be driving older, smaller cars.

As one research scientist for the Insurance Institute for Highway Safety stated, “Despite everything we know about young drivers and crash risk, teens are still driving the least safe vehicles. Small vehicles do not protect as well in a crash, and older vehicles are less likely to be equipped with essential safety equipment.”

The study authors examined data from deadly crashes that occurred between 2013 and 2017. What they discovered was that among teen motorists killed in these crashes, those operating older vehicles faced four times the fatality risk as those driving newer models. Furthermore, nearly 70 percent of teens who died in collisions were in vehicles that were older than six years. Teenagers also spend more than half their drive time in a vehicle that’s more than a decade old. Nearly one-third of those who died were in vehicles that were lighter and smaller. Less than 4 percent of teen drivers who lost their lives in crashes were in vehicles under three years old.

Our Fort Myers car accident lawyers understand parents’ reluctance to pay a lot of money for their teenager’s first vehicle. But what many probably are not aware of is how much less safe those older cars are.

Published on: April 16, 2020

How will Coronavirus (COVID-19) Impact My Fort Myers Car Accident Claim?

by Leland Garvin

Fort Myers car accident lawyer

The novel coronavirus pandemic is dominating headlines – not to mention the lives of most Americans right now. But how might COVID-19 impact your Fort Myers car accident claim?

Our personal injury lawyers know several elements of your case could be affected by the pandemic, but the most important things to know are: You should not delay seeking medical treatment or consulting with an attorney. These are the quickest ways to jeopardize your health and reduce the value of your claim.

The silver lining in all of this is that with reduced traffic on the roads, we may see fewer crashes in total. However, pending cases will still proceed (even if delayed) and a crash during the pandemic is not impossible either.

That said, you should be aware of a few things that might be different. It is important to stay informed as we navigate this once-in-a-century national and global crisis. Continue reading