Over the years, Fort Myers has grown in population due to the tropical climate and affordability of one of Florida’s most beautiful cities. However, car accidents can still plague the streets of Fort Myers, with drivers engaging in negligent driving behaviors. Those drivers that do not use safe driving tactics can cause car accidents that result in damages such as medical bills, property damage, and pain and suffering.
As a Fort Myers car accident victim, you have the right to pursue compensation to pay for damages caused by another party’s negligence. A local Fort Myers car accident attorney can help you assess damages, determine the liable party, and take over the claims process. The car accident attorneys at the Russo Firm have the local knowledge and car accident claim experience to put you in the best position to maximize your potential settlement or award.
Why Choose The Russo Firm for Your Fort Myers Car Accident Claim?
As a Fort Myers car accident victim, the stress of expensive damages and years of long-term suffering can provide a stressed mindset that can make focusing on seeking compensation difficult. You have so much on your mind following a car accident that it could be challenging for you to handle the claims process properly.
At The Russo Firm, we understand this stress through years of working with Fort Myers car accident victims. The last thing a car accident victim should have to do is worry about a legal battle rather than their recovery. Allow our car accident attorneys to assist you with our specialized legal counsel that caters to your case specifically, so you can focus your energy on your recovery. Contact the Fort Myers car accident attorneys at the Russo Firm today.
The Russo Firm Case Results
The process for pursuing compensation can go through two specific steps: settlement negotiations or court cases. In many cases, an insurance company will try to avoid a lengthy and expensive court case by offering a lowball early settlement. If you are represented by a car accident attorney with less experience, they may accept this just to provide some financial relief.
However, this can hurt you in the long run, as it may not pay for the full cost of your car accident damages. At the Russo Firm, we are committed to getting you the compensation that can pay for the damages you have suffered already and those that may come down the road. To ensure you receive fair compensation, we are willing to take the case to court and use our resources to help you receive maximum compensation.
Florida Car Accident Laws
Florida’s statutes govern car accident and insurance rules in Fort Myers. These statutes provide uniformity to the process of a car accident claim, meaning a Fort Myers car accident will follow the same process as a Miami car accident. Make sure to consult the Florida statutes following a car accident to familiarize yourself with procedures for the aftermath of a car accident.
The following are some of the laws concerning Florida car accidents:
- Florida operates under no-fault laws, which means drivers must purchase personal injury protection (PIP) to insure them for economic damages up to $10,000.
- Car accidents resulting in severe injury, death, or at least $500 worth of property damages require drivers to contact the police.
- Florida car accident victims can pursue compensation from a negligent party by filing a fault-based claim or lawsuit (Florida Statute 627.737).
- The statute of limitations for a Florida car accident claim is four years (Florida Statute 95.11).
- The statute of limitations changes to two years if a wrongful death occurred.
There are several Florida statutes that affect car accident claims in Fort Myers, so much so that no one civilian can know them all. That’s why you need to hire a car accident lawyer who has an intimate understanding of these laws. Contact a local Fort Myers car accident lawyer for help with your car accident claim.
Where Do Fort Myers Car Accidents Commonly Occur?
Fort Myers is in Lee County, a Florida county southeast of Tampa. The county encompasses the Cape Coral–Fort Myers, FL Metropolitan area. According to the Florida Highway Safety and Motor Vehicles department, Lee County had 14,336 automobile crashes in 2021, with 8,445 injury cases and 115 fatal crashes.
Fort Myers is home to one of the most dangerous roads in the entire country: U.S. 41. The state road running through Fort Myers was found in a recent study to be the second most deadly road in the country. Over 700 deaths have been tallied on this road over the last decade.
The problem of narrow driving lanes, congestion, and negligent drivers have affected many other roads and intersections in Fort Myers, including:
- Tamiami Trail
- Clevland Avenue
- Six Mile Cypress Parkway and Colonial Boulevard
- Colonial Boulevard and Summerlin Road
Causes of Fort Myers Car Accidents
Fort Myers car accidents result from negligent driving behavior, which is when a driver does not operate their car with safety in mind. They may be distracted, unfocused, drowsy, inebriated, or in the wrong state of mind to be behind the wheel. This can lead them to making ill-advised mistakes, not following road rules, or making reckless lane changes and adjustments to speed.
The following are some of the negligent driving behaviors that can cause a Fort Myers car accident:
- Distracted driving
- Drunk driving
- Drowsy driving
- Reckless driving
- Not using turn signals
- Road rage
Victims of car accidents can pursue compensation from a party that caused a car accident through negligent behavior. A car accident attorney can help you file the claim with the negligent party’s insurance company and negotiate a fair settlement.
Types of Fort Myers Car Accidents
There are different types of car accidents, each of which can open drivers and passengers up to different types of injuries. Where your car gets struck can alter the severity and type of injuries, as the location of the impact can leave different parts of the body exposed to car accident trauma.
There are two categories of car accidents: two-car and multi-car crashes. Both of these types of car accidents can cause catastrophic damage, with drivers’ and passengers’ bodies exposed to pressure.
The following are some of the types of Fort Myers car accidents:
- Single car accident
- Rear-end collision
- Head-on collision
- Sideswipe accident
- T-bone accident
- Rollover accident
- Multi-car crash
Severe Injuries Caused by Fort Myers Car Accidents
As mentioned above, the severity of your car accident injuries can come down to the type of car accident you are involved in. For example, a head-on collision will expose your lower extremities to direct impact.
You can receive injuries from a car accident through blunt force trauma, penetrating trauma, and whiplash. The injuries you can suffer include internal, psychological, and soft tissue injuries.
The following are some of the types of severe injuries that can result from a Fort Myers car accident:
Liability in a Fort Myers Car Accident Claim
Liability in a car accident claim is determined by the party involved that committed a negligent action that was the primary cause of the car accident. This liable party will be held responsible for their fault in causing the car crash, and an auto accident victim can file a car accident claim with their insurance party.
The most likely liable party in a car accident claim is a driver that caused the auto accident through negligent driving behavior. However, a car accident can also result from a defective car part, like defective brakes. In that case, the designer, manufacturer, seller, or distributor will be held liable for damages in a product liability claim.
Comparative Negligence in Florida Car Accident Claims
You may be curious to know what happens if multiple parties could be liable for damages in a car accident claim. Florida operates under comparative negligence, which is a fault-based system that assigns a percentage of responsibility to everyone involved in a car accident. This can include the party filing a car accident claim. The court will look over the facts of the case and assign responsibility to each party, each percentage accounting for the actions they committed that led to the car accident.
For example, a driver may have been involved in a sideswipe accident due to a driver speeding through a red light. However, the driver that was struck was also clearly distracted at the time of the car crash, which reduced their ability to mitigate damage. In this case, the court may find the speeding driver 75% responsible, with the distracted driver sharing 25% of the fault. That means 25% will be deducted from any settlement or award.
What to do After a Fort Myers Car Accident
Following a Fort Myers car accident, you may wonder what steps you should take. There are a number of steps that can help both your medical condition and your ability to pursue compensation. Completing these steps can help you in the long run and increase your chances of receiving compensation for your damages.
The following are some of the steps you should take after a Fort Myers car accident:
- Receive medical attention: You may feel you did not suffer a severe injury after a car accident. However, your symptoms may just be delayed. Seeing a doctor can mitigate the risk of a severe injury developing, as they can determine how your physical condition was affected by the car accident and can administer relief to help heal your injuries.
- Move your vehicle to a safe place and wait for the police: After a car accident, you want to move your vehicle (if possible) to prevent other cars from crashing into it. You should wait for the police to arrive, so you can tell them your side of the story. They will gather the information that you can access later in a traffic crash report.
- Gather evidence: If physically possible, you can use your smartphone to take photos and videos of your injuries, property damage, road signs, and road conditions that can be used to prove your case down the line. You should also keep track of important records, like medical records, insurance statements, and police records, that can be used to prove your case.
- Contact a Fort Myers car accident lawyer: You most likely do not have the experience in personal injury and car accident law to handle your claim in a way that can maximize your potential compensation. Contact a car accident lawyer with experience in helping Fort Myers car accident victims that can help with the specifics of your case.
Filing a Fort Myers Car Accident
A Fort Myers car accident lawyer can help you file a car accident claim to seek compensation for damages. They will assist by assessing your damages, writing the demand letter, and filing the claim.
They will also have to assist in proving the fault of the negligent party. Florida operates under the theory of negligence, which means you must prove the following:
- You were owed a duty of care by the at-fault party
- The at-fault party breached the duty of care
- The Fort Myers car accident caused you damages
- Those damages occurred because of the breach of duty of care
An experienced car accident attorney can help you prove the negligence of the at-fault party by collecting tangible evidence. Some of the evidence that can help prove the at-fault party’s negligence caused the car accident includes photos and videos of the accident, medical records, traffic crash reports, vehicle accident reconstructions, witness statements, etc.
What Damages Can You Pursue After a Fort Myers Car Accident?
Damages and losses associated with your personal injury incident can be pursued through a car accident claim. You can file a car accident claim with the negligent party’s insurance company to seek damages for current and future damages resulting from a car accident.
The two most common types of damages you can pursue compensation for are economic and non-economic damages. Economic damages are those with a monetary value or bill attached to them, such as medical expenses, lost wages, and property damage. Non-economic damages are intangible damages that reflect how your life has changed following the car accident, which can include pain and suffering, mental anguish, and loss of consortium.
The following are some of the damages a Fort Myers car accident lawyer can help you pursue:
- Medical bills
- Lost wages
- Lost earning potential
- Property damage
- Loss of enjoyment of life
- Pain and suffering
- Mental anguish
- Disability costs
- Loss of consortium
How Can a Fort Myers Car Accident Lawyer Help With Your Car Accident Claim?
The aftermath of a car accident can be extremely stressful, with you having to deal with the physical, emotional, and financial fallout of the traumatic event. This stress can compound if you have to deal with an insurance company that will do everything in its power to limit your settlement to keep its profits up. A car accident lawyer can take over the claim and relieve you of this stress.
An experienced car accident attorney can assess your damages, determine the liable party, collect evidence, interview witnesses, negotiate a settlement, and represent you in court. You should make sure to hire a car accident lawyer with experience helping Fort Myers car accident victims, as they can help prove your case by using specific local knowledge.
Contact The Russo Firm for Help With Your Fort Myers Car Accident Claim
Fort Myers car accident victims may not have the experience and expertise in handling car accident claims to put themselves in the best position to recover compensation for damages. They need an experienced local car accident attorney that can handle the claims process in a way that maximizes your potential compensation.
The experienced car accident attorneys at the Russo Firm have knowledge of the streets, roads, and intersections of Fort Myers. We can use that experience, plus our decades of car accident law experience, to aid you in pursuing compensation from the at-fault party’s insurance company. Our car accident attorneys will also ensure that our legal counsel takes into account your specific situation, so your potential compensation reflects your current and future damages.
Fort Myers car accident victims can contact the Russo Firm to learn how our local car accident lawyers can assist with your case. Contact us at (239) 766-7030 or leave a message on our online contact page.