Rear-End Collisions in Fort Myers

Getting hit from behind is a relatively common occurrence in Fort Myers. Preliminary data from Florida Highway Safety and Motor Vehicles (FLHSMV) shows over 14,000 crashes in Lee County in 2021. More than 5,500 accidents involved injuries, and 112 were fatal crashes. 

Drivers can speed, fail to pay attention or ignore traffic signals, and slam into the back of your car as a result. Even a low-speed crash can potentially result in a chronic or severe injury. If you suffer from a significant injury, expenses can quickly spiral out of control, derail your life, and cause financial chaos. However, if someone else is responsible for the rear-end collision, you should not be shouldering your costs alone. 

Morgan & Morgan is here for you. Our tenacious car accident attorneys have been helping injured victims and their families since 1988. 

Do You Need a Lawyer for a Rear-End Accident?

Generally, seeking legal advice after your accident can be an excellent idea. However, if your accident was minor, you suffered no injuries, and you received an adequate settlement from your personal injury protection insurance (PIP), you may not need to take any further action or work with a lawyer. Whether or not you need a car accident lawyer can depend on the following factors:

Your Injuries and Damages

Depending on the severity of impact, you might only have mild whiplash, or you could suffer a catastrophic and life-changing injury. Generally, if you sustained significant injuries and incurred steep medical expenses, hiring an attorney can help recover what you need to pay your bills and go on with your life. An attorney knows how to negotiate with insurance companies and fight for the full value of your damages.

Your Degree of Fault in the Accident

If the fault in your accident is contested, consider working with an attorney to protect your rights. Since comparative negligence laws apply in Florida, your compensation could be lowered according to your degree of responsibility for the accident. An attorney can protect you and ensure the other side is not unfairly assigning you with a higher degree of fault. Your car accident lawyer can also represent you if your case goes to trial. 

Your Insurance Claim Was Denied  

As Florida is a no-fault state, you are generally entitled to receive a settlement from your PIP insurance, regardless of who is at fault. However, if you suffered disabling or significant injuries, your PIP coverage ceiling can be reached quickly, potentially leaving you out of pocket. You could then go after the at-fault driver and file a claim with their insurance company. 

Insurance companies can be reluctant to pay what you deserve and often delay or minimize claims. In the worst-case scenario, an insurer could deny your claim altogether. When this happens, you need a determined attorney to fight for a fair settlement for your injuries and damages. Your attorney will also know when to file a lawsuit against the insurance company or at-fault party.

Contact Morgan & Morgan for Help Today

Many accident circumstances can make hiring a lawyer essential. For example, if your loved one died in an accident, having an attorney by your side can be critical for getting justice and compensation. Even with a minor accident, legal advice and protection can be helpful and clarify your next best steps. 

A lawyer can determine whether you have a case and qualify for compensation. Contact Morgan & Morgan today for a free and no-obligation review of your rear-end collision. 

Reasons for Rear-End Collisions in Fort Myers 

The National Highway Safety Administration (NHTSA) says driver-related behaviors and errors cause most accidents. Such behaviors can include:

• Speeding
• Distracted driving
• Drowsy driving
• Following too closely
• Intoxicated driving

Dangerous driving and ignoring traffic signs or signals can play a role in rear-end crashes. In rarer cases, collisions can occur due to environmental factors such as low visibility, heavy rain, and other inclement weather. Car defects, such as faulty brakes or worn wheels, can also lead to crashes. 

Who Is Responsible for the Rear-End Accident?

In most rear-end accidents, the driver in the back is responsible for causing the crash. However, in some accidents, the person in front could be liable. For example, the driver in the front could be at fault for the accident if their brake lights were defective or they reversed into the vehicle behind. 

Since rear-end accidents can be complex, particularly when involving multiple cars, speaking to a lawyer can help to determine whether you have a case against another driver and could pursue compensation.

When to File a Lawsuit in Fort Myers

If you were involved in a serious rear-end collision, there could be many unexpected issues to deal with, especially if you suffered physical injuries. However, consider speaking to a car accident attorney as soon as possible to determine your legal options for getting what you deserve. 

In Florida, according to Statute of Limitations § 95.11, you generally have two years after the date of your injury to file a personal injury lawsuit. However, some factors could shorten this timeline. For example, if you have a case against a government agency, you might have to file a notice to sue within a short period. Failing to adhere to the state’s deadlines could leave you unable to file a lawsuit and receive any compensation. Therefore, timely action can be crucial for getting what you deserve.  

Damages You Could Recover After a Fort Myers Rear-End Crash

Depending on the facts of your accident, you could be entitled to the following types of compensation and others:

Car Repair or Replacement

You could receive the full and fair market value of your car if it was totaled in the crash. If your car is repairable, you could qualify for reimbursement of the repair costs. 

Medical Bills 

You could receive compensation for all your medical expenses in connection with the accident, which can include:

• Hospital stays
• Surgeries
• Medical devices
• Medication costs
• Specialist appointments
• Diagnostic testing
• A home health aide

You may also be entitled to future medical expenses for your car accident injuries.

Lost Income 

If you cannot work due to accident injuries, you could receive compensation for lost wages and future loss of earning capacity.

Non-Economic Damages

If you suffered significant injuries, you could be entitled to a range of non-economic damages, including but not limited to:

• Physical pain and anguish
• Emotional distress
• Reduced life enjoyment

Wrongful Death Compensation

If your loved one passed away from rear-end collision injuries, you could qualify for compensation, such as:

• Burial and funeral costs
• Medical bills
• Pain and suffering prior to death
• Loss of companionship
• Loss of financial support and services from the deceased