Fort Myers car accidents

Published on: June 9, 2021

Southwest Florida Car Accident Risk Rises With Road Construction

Southwest Florida car accident The recent emergency closure of a major national east-west thoroughfare (the I-40 Mississippi River Bridge in Tennessee) due to a critical crack in a bridge beam has drawn attention to the $2.3 trillion infrastructure package proposed by the White House for road renovations nationally. Florida, which was given a C grade for overall infrastructure, has more than 400 bridges and 3,560 miles of highway considered to be in “poor condition.” Although strengthening of infrastructure makes us safer in the long-haul, road construction could well increase Southwest Florida car accident risk in the short-term.

Florida Road Construction Projects

Florida has seen exponential growth in recent years, placing increased burdens on our roadways and traffic infrastructure. The Cape Coral-Fort Myers metro area in Lee County has been among the fastest-growing regions in the country.

Published on: October 21, 2020

Florida PIP: Is It Still Possible to Collect From the At-Fault Driver?

by Leland Garvin

Florida PIP lawyer

When answering calls from Fort Myers car accident victims, our attorneys have found that Florida PIP is one of the most misunderstood concepts.

“Why am I fighting with my own insurer?” “Can I still sue the person who hit me?” “What is the ‘no-fault’ system anyway? Someone is at-fault, right?”

Understandably, people are confused because Florida is one of just a few states that still uses this kind of system to handle auto accident claims, and there are all kinds of exceptions and caveats. PIP is not supposed to deny you the opportunity to have your damages covered, but many crash victims find navigating the system difficult and frustrating. Our team at Garvin Injury Law can help you get answers and determine how to maximize your odds of receiving full and fair compensation for your injuries.

Published on: August 28, 2020

Eggshell Skull Rule Protects Aging, Disabled in Florida Personal Injury Litigation

by Leland Garvin

South Florida personal injury lawyer

Many South Florida personal injury lawyers offer up a wealth of information about things like, “What to do after a car accident,” or, “Ways nursing homes can be liable for neglect,” and, “Who can file wrongful death litigation?” This insight is valuable, but much of it presumes the person involved was not already disabled or medically vulnerable. There is a presumption that one day he or she is completely fine, then they encounter someone else’s negligence, and now they have serious injuries with long-term consequences. But what if you had a pre-existing condition? What if you were already medically fragile?

In Florida, this is an important consideration because it:

Ranks No. 2 nationally for having the highest percentage of the population over the age of 65. There are an estimated 73 million baby boomers nationally, with many vacationing in Florida or having second homes here, even if they don’t live here full time.
Reports of more than 28 percent of adult residents have some type of disability. That is higher than the national average of 25 percent.
Has nearly 1.7 million elderly residents with at least one type of disability.

Incidents that give rise to Florida personal injury claims, such as car accidents, slip-and-fall injuries, dangerous product injuries – these do not just happen to young people who had zero health issues beforehand. People who are elderly or disabled may be at increased risk of certain types of injuries (falls in particular). Additionally, the extent of the injuries they are likely to suffer is often more severe, and recovery will take longer. Continue reading

Published on: August 5, 2020

Who is Liable for Florida Emergency Vehicle Accidents?

by Leland Garvin

We all know that when an emergency vehicle approaches with its lights flashing and sirens blaring, other motorists should make way – and fast. But what if you cannot move quickly enough? What if you did not see the lights or hear the sirens before it was too late? What if there were no lights or sirens activated at all? Over the years our law firm has received many calls regarding Florida emergency vehicle laws; As our South Florida injury lawyers can explain, state law allows for legal accountability in Florida emergency vehicle accidents in some circumstances. Proving it will likely require an extensive investigation, expert witness testimony, and an experienced legal team.

According to the National Safety Council, emergency vehicle crashes – those involving police vehicles, ambulances or fire trucks – caused 168 U.S. deaths in 2018. Of those, less than half (48 percent) occurred while the authorized vehicles’ lights and sirens were in use. Most of those who died were either an occupant of non-emergency vehicles or pedestrians (69%). Police vehicles were involved in the most fatal crashes (64%), followed by ambulances (28%), and then fire trucks (8%). These numbers provide some insight but do not give us a full picture as non-fatal crashes are not included.

F.S. 316.072 allows emergency vehicle operators some leeway when it comes to traffic rules. For example, they can proceed past a red light or through a stop sign – but only after slowing down as necessary for safe operation. They can exceed the maximum speed limit – so long as the driver does not endanger life or property. They can also disregard regulations governing direction, movement, or turning – but only so long as life or property is not endangered. Many departments also have written policies that outline the caution their employees should use when responding to an emergency.

What the law makes clear is that while these first responders are tasked with critically important duties for which seconds count, they do not have free reign to drive recklessly on our roads or needlessly endanger others.