One of the most common forms of traffic accidents we see here in the Fort Myers area is rear-end collisions. Data released by the National Highway Traffic Safety Administration (NHTSA) show that these types of accidents are usually caused by the negligence of the driver in the rear, with nearly nine out of ten rear-end collisions happening due to a lack of concentration of the driver behind.
If you or a loved one have been involved in a rear-end car accident that wasn’t your fault in the Fort Myers, you should get in touch with a reputable personal injury law firm.
Here at The Law Firm, we fight for the rights of any injured party. We will fight to seek the maximum compensation following a car accident that wasn’t your fault. We will help you avoid the traps that the other insurance company will most likely layout for you, like low ball offers and help you get a compensation figure that you are happy with.
Our phone lines are always open, so call us today at (941) 444-4444.
Common Causes of Rear-End Collisions
Common causes of rear-end collisions include:
- Distracted driving.
- Driving whilst under the influence of alcohol or drugs.
- Speeding in conditions that reduce the ability to stop, such as weather or pebble roads.
- Failing to predict the actions of the car in front.
- Driving too close to the vehicle in front.
Under Fort Myers and Florida law, in the case of any rear-end accidents, the fault lies with the rear driver. This can be overturned with the right evidence, but in most cases, it is hard to do so.
This means that rear-end collision cases in Fort Myers are usually open and shut cases. Usually, any arguments are not to do with who is at fault, but simply how much damage or injury you have in fact received.
Common Injuries in Auto Accidents
As a seasoned Fort Myers personal injury law firm, we have dealt with numerous cases involving rear-end collisions. Some of the most common injuries that we see day to day include:
- Loss of function of a body part, appendage, or organ.
- Muscle sprains and tears.
- Limited functionality and disability.
- Wrongful death.
- Head and brain trauma, including concussions and traumatic brain injury.
- Internal bleeding.
- Neck, spine, shoulder, and back injuries.
- Whiplash syndrome.
- Burns, scrapes, and cuts and road rash.
- Scarring and other types of disfigurement.
- Amputation and accidental loss of limb.
- Broken arms, legs, hands, fingers, noses, ribs, and other body parts.
- Injury to internal organs and muscles.
What Damages Can I Seek?
Following an auto accident in Florida, there are a number of damages that you may be able to seek after being involved in a Fort Myers car accident. The most common tangible damages that you can seek are:
- Estimated costs of continued medical care such as nursing, physical therapy, and future surgeries.
- Medical devices, such as wheelchairs and prosthetic limbs.
- Lost wages, past, and future.
- Medical costs.
- Property and vehicle damage.
These are all damages that have a physical number attached to them. They can be calculated easily by your lawyer.
There are also a number of damages that cannot be quantified easily. These will require experts who will be able to place a cost and value to each one. They are:
- Pain and suffering.
- Emotional and psychological distress.
- Loss of relationship.
- Loss of life enjoyment.
On rare occasions, we may also be able to seek punitive damages on your behalf after a read-end collision. Punitive damages are more of a punishment for the at-fault party as opposed to compensation for the victim. These damages are usually used to punish a party who has caused an accident through malicious intent or through intentionally dangerous behavior.
Florida Personal Injury Protection (PIP) Insurance Coverage
In accordance with Florida Statute 627.7407, Florida is a no-fault state, meaning it is a requirement to have Personal Injury Protection Insurance. In the case of any auto-accident, the first port of call is to seek your damages from your own PIP insurance. As soon as the limit has been reached and your damages surpass your insurance limits, you will then be able to seek anything over that from the third party at fault.
Defense Strategies Used in Fort Myers Car Accident Cases
There are a number of common tactics used by insurance companies and individuals alike to reduce their liability after a claim. These are the most common ones to look out for:
- Blaming the plaintiff – By taking advantage of Florida Statute 768.81, Florida’s comparative fault laws, the at-fault party may try and get the courts to allocate some of the blame onto you and reduce their liability.
- Low ball settlements – Insurance companies know that most victims want a quick and easy settlement and will often offer low ball settlements quickly to get you to settle early. We always advise ignoring these and listening to your attorney.
Call The Law Place Today
If you have been involved in a rear-end crash in the Fort Myers area, and it wasn’t your fault, you shouldn’t be left out of pocket. The Law Place is ready to fight for your rights and for the maximum compensation you deserve. We offer a free consultation service where you can get some free, unbiased legal advice on where you stand.
Call us today on (941) 444-4444