Skip to Content
If you or a family member has been injured in a motor vehicle crash, contact the Spivey Law Firm, Personal Injury Attorneys, P.A. Our skilled car accident lawyer, Randall L. Spivey, can help auto crash injury victims throughout Florida recover compensation for past and future medical care expenses, past and future lost wages, past and future pain and suffering, and past and future loss of enjoyment of life.
Our Fort Myers Car Accident Lawyer Explains Fault and Liability
Anyone who has been hurt in a motor vehicle accident that was caused by someone else's reckless, careless or negligent acts has a right to sue for monetary compensation. Accident victims should note that they must be able to prove certain elements in order to be compensated. Those elements are:
- The at-fault driver owed a legal duty to you, the accident victim, to operate his or her vehicle in a reasonable manner.
- The at-fault driver failed to act in a reasonable manner when operating his or her vehicle.
- You, the victim, sustained injuries due to the at-fault driver's failure to act in a reasonable manner.
The amount of compensation a victim might receive will vary depending on the specifics of the case.
What If I'm Partially to Blame For the Accident? Can I Still be Compensated?
It is possible for an accident victim who was partially at fault to still recover monetary compensation for his or her injuries. The court will look at the percentage of fault that can be attributed to each party and award damages accordingly. Simply put, the damages that a victim receives will be reduced by the percentage of fault assigned to him or her. Don't let the insurance company tell you how much you were to blame. Speak with a Fort Myers car accident attorney for a true evaluation of liability.
While you may be tempted to accept whatever offer comes your way, you shouldn’t settle for anything less than what you deserve. Speaking with a knowledgeable car accident attorney who has extensive experience in preparing and negotiating personal injury claims on behalf of car accident victims will ensure you completely understand what you’re entitled to receive.
Let Your Fort Myers Car Accident Lawyer Handle the Insurance Company
Dealing with the insurance company after an accident can be a daunting and confusing process. Usually, the insurance company will offer to pay to fix your car, but may make a low ball offer on your injury claim in an attempt to get you to accept far less than what you are owed. They will employ certain tactics to pressure you into settling for their offer, such as deliberately withholding information or suggesting that the offer they’re making today is a last-chance opportunity to receive any compensation at all. Attorney Randall Spivey has experience fielding these tactics and is prepared to initiate negotiations on your behalf in a manner that defends your rights to a settlement and ensures the insurance company understands that they are up against a formidable opponent.
Damages Available in a Florida Motor Vehicle Accident Case
You may recover for your medical expenses; past, current and future lost wages or business income; pain and suffering; and certain other statutory or common law damages. In certain cases, you may also be able to recover punitive damages, which are typically limited to $500,000.
Our Fort Myers Car Accident Attorney Explains What to Do After an Accident
First and foremost, anyone who has been involved in an accident should seek medical attention immediately. Some people believe that if they "feel" fine, then they are fine; however, there may be injuries that might not manifest themselves until later. Additionally, accident victims should contact law enforcement and ensure that an accident report is filed.
Accident victims should also try to document as much about the accident as possible. Your Fort Myers personal injury lawyer can provide you with a Florida Accident Form that will help you recall the specifics of the accident. Once you have made adequate notes of the accident, you should also take pictures, if possible, of the cars involved, the accident scene and any visible injuries.
Lastly, accident victims should be sure to gather contact information for all witnesses to the accident. Once all of the above-mentioned steps have been taken, an accident victim should immediately contact a Board Certified Civil Trial Attorney who specializes in personal injury to discuss the particulars of the case.
The Statute of Limitations for Florida Car Accident Cases
In Florida, you generally have two years from the date of the accident to file suit for your injuries before your claim becomes “time barred” and cannot be filed. Wrongful death actions are also limited to two years. The right car accident lawyer knows how to properly calculate and make use of the time you have to file your case, but it's still encouraged that you act sooner rather than later.
It is important to note, however, that if you are a Florida resident whose accident occurred outside the state, the state in which the accident occurred may have a shorter statute of limitations, and the case is typically governed by where the accident took place, not where you live. Contact Randall Spivey and his team to find out how our office can assist you with that particular situation.
Should I Get a Lawyer for a Fender Bender?
You should work with a vehicle accident lawyer anytime you have injuries resulting from a car accident or if a loved one died in an accident. The role of a personal injury lawyer is to help you be compensated for the aftermath of an accident that happened because of someone else’s fault.
After an accident, even a minor one, we recommend you reach out to a Fort Myers car accident lawyer. It is very common for injuries to not immediately show. You may initially feel fine only to wake up a few days later and not feel healthy. For example, traumatic brain injuries are often unrecognizable until days or weeks following the accident.
After a minor car accident, it is also possible that your car may have hidden damage, such as a bent frame, which can be costly to repair.
Do You Really Need a Lawyer for a Car Accident in Fort Myers?
Ask yourself this question: Do I trust my insurance company to look out for my best interests rather than their own? Insurance companies have only one goal: to maximize their profits. To do that, they are focused entirely on paying you as little as possible.
Personal injury lawsuits typically arise when a car accident has occurred that has resulted in injury and the origin of that accident can be traced to someone’s intentional or unintentional recklessness. Typical causes of car accidents that result in personal injury claims have included rear-end accidents, unsafe lane changes, failure to yield, drunk or distracted driving, driver fatigue, and poor weather conditions. In order to successfully recover damages for a car accident, your car accident attorney will have to show that one party’s negligence or failure to exercise reasonable care directly caused the accident and resulting injury.
Proving who is at fault for an accident can be complex, which is why it is always recommended that you work with an experienced Fort Myers accident lawyer when navigating the aftermath of a car accident. Your lawyer will work to gather evidence of fault in order to establish that the at-fault party’s insurance company is obligated to cover your medical expenses, lost wages, and pain and suffering. Our team will attempt to prove fault by assessing the police report that was created after the accident, reviewing any witness statements, and verifying whether the accident could have been caused by any number of specific factors.
It is important to note that there are times when both drivers contributed some degree of fault for the accident, and Florida law states that compensation must be allocated according to each party’s degree of fault in the accident. As such, the insurance company will attempt to reduce the amount owed to the injured individual based on their fault in the accident. This is why it’s crucial to work with an accident attorney who can successfully navigate the negotiation process so you can ensure that your settlement is fair.
The experienced accident attorneys at Spivey Law Firm, Personal Injury Attorneys, P.A. focus entirely on you and fight for the resources you need to properly heal. A automobile accident attorney will protect your rights under the law. We’re on your side and your side only.
What Do Fort Myers Accident Attorneys Charge?
At Spivey Law Firm, Personal Injury Attorneys, P.A., we work on a contingency basis, which means we charge you nothing unless and until we obtain compensation for you, either through a fair settlement or as the result of a successful trial. There is no fee for calling to speak with an experienced Fort Myers accident lawyer.
What If a Family Member Dies in an Accident?
When you lose a loved one in an accident, you and your family will be overwhelmed with grief and shock. We always encourage individuals to contact Fort Myers Car Accident Lawyer Randall Spivey as soon as possible, as you may have a valid wrongful death claim under Florida law.
Our team will treat you or your family members with compassion, understanding, and empathy, but you can also expect that we will aggressively pursue your claim so that you can be adequately compensated for your tragic loss.
Florida Car Accident Statistics: Updated 2023
Each year, there are hundreds of thousands of car accidents in Florida. These accidents result in hundreds of thousands of injuries and thousands of fatalities. Below are some of the latest statistics from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV):
Total Car Accidents in Florida
- 2023 (as of August) – 239,810
- 2022 – 396,478
- 2021 – 401,540
Car Accident Injuries in Florida
- 2023 (as of August) – 153,064
- 2022 – 251,911
- 2021 – 252,971
Car Accident Fatalities in Florida
- 2023 (as of August) – 2,017
- 2022 – 3,529
- 2021 – 3,741
Total Car Accidents in Lee County (Including Fort Myers)
- 2023 (as of August) – 9,659
- 2022 – 15,282
- 2021 – 14,336
Car Accident Injuries in Lee County (Including Fort Myers)
- 2023 (as of August) – 5,448
- 2022 – 8,844
- 2021 – 8,445
Car Accident Fatalities in Lee County (Including Fort Myers)
- 2023 (as of August) – 70
- 2022 – 136
- 2021 – 115
The FLHSMV has published some other notable car accident statistics as well. For example, its data indicate that more than 25 percent of all car accidents in Florida involve hit-and-run drivers. This is also true in Lee County. The FLHSMV also reports that there are thousands of car accidents statewide (and hundreds in Lee County) involving pedestrians and cyclists each year.
5 Reasons to Hire a Fort Myers Car Accident Attorney
If you have been seriously injured or lost a loved one in a car accident, we know and understand how important it is to protect your rights. Coping with the effects of a serious or fatal collision can impact all aspects of your life—and it can also prove to be incredibly expensive. You owe it to yourself to do everything you can to recover, and this includes hiring an experienced Fort Myers car accident attorney to help you.
Why should you hire a Fort Myers car accident attorney? Here are five important reasons to seek experienced legal representation:
1. You Need to Protect Yourself Against the Insurance Companies
When you hire a Fort Myers car accident attorney to represent you, your attorney will deal with the insurance companies on your behalf. The insurance companies are not on your side, and they will use various tactics to get you to settle for less than you deserve. Your attorney can help make sure this does not happen.
2. Your Losses Could Be Substantial
Car accidents can cost far more than most people realize. While your medical bills and lost wages may be high, they may also reflect just a small fraction of the total costs you will incur. Your attorney can help you understand the true financial and non-financial costs of the accident, and your attorney can document these costs in order to prove how much you are entitled to recover.
3. You Need to Know When (and If) to Settle
When should you settle your car accident claim? Should you settle your claim at all? These are critical questions that do not have easy answers. With an experienced Fort Myers car accident attorney on your side, you can feel confident knowing that you are making informed decisions with your long-term best interests in mind.
4. You Need to Be Prepared to Go to Court if Necessary
If you don’t hire an attorney, the insurance companies will know that you aren’t prepared to go to court—and they will factor this into any settlement offers they may make. Hiring an attorney shows that you are serious about protecting your legal rights, and it ensures that you are prepared to go to court if necessary.
5. Hiring an Attorney Costs Nothing Out of Pocket
Finally, hiring the Spivey Law Firm, Personal Injury Attorneys, P.A. to handle your car accident case in Fort Myers costs nothing out of pocket. As noted above, we represent our clients on a contingency basis. This means that you will not receive any legal bills while your case is pending, and you will not owe us anything unless you recover compensation. If you receive a settlement or verdict, our legal fees will be calculated as a percentage of your financial recovery.
How Long Do You Have to Hire an Attorney After a Car Accident in Fort Myers?
It is always important to hire an attorney immediately after an accident. Under Florida’s recently-reduced statute of limitations for personal injury lawsuits, you now have two years to file most types of claims after a car accident in Fort Myers. However, it is important that you speak with an attorney about your case right away. Conducting a prompt investigation could be crucial for collecting the evidence needed to prove your legal rights, and the sooner you hire an attorney, the sooner you can get on the road to recovery.
Obtain Justice and Due Compensation With the Help of a Fort Myers Car Accident Lawyer
Please call us today at 888-477-4839 or in Fort Myers at 239-337-7483, or contact us online to schedule a free consultation with a top car accident attorney at Spivey Law Firm, Personal Injury Attorneys, P.A.
More Helpful Information
Tips for Taking After-Accident Photos
Accident photos are important to personal injury cases. Here are some tips for after-accident photos that can assist in the outcome of your case.
When Overcorrection While Driving Causes Accidents
When drivers overcorrect on Florida roadways, they may cause injuries to other motorists who may be entitled to compensation under Florida’s laws.
7 New Year’s Resolutions to Avoid Florida Accidents in 2024
Vehicle accidents happen every day on Florida’s roadways. We at Spivey Law Firm, Personal Injury Attorneys, P.A. want to share some potential 2024 resolutions with Florida drivers.
What You Need to Know After a Car Accident During the Holiday Season in Florida
The holiday season is a busy time of year. Between shopping, decorating, and making arrangements with friends or family, there is a lot to do, and you can quickly find yourself with less time to get ready than you originally planned.
FDOT Wrong-Way Driving Initiative
Wrong-way driving accidents can be particularly catastrophic for accident victims. Efforts are being made by the FDOT to prevent these accidents as Spivey Law Firm, Personal Injury Lawyers, P.A. assists the injured victims.
Tips for Driving during Florida’s 2023 Rainy Season
Driving in Florida during the “rainy season” can be challenging. Drivers of all types of vehicles need to drive differently from other times of the year. Florida personal injury lawyers provide tips to keep drivers safe during the 2023 Florida rainy season.
Florida Car Accident Lawyer Urges Trailer-Towing Drivers to Drive Safely
Before taking to the road with a trailer, drivers need to know about the unique circumstances of pulling trailers.
A 2023 Call to Action for Safer Roads
Florida vehicle accidents are increasing, and a partnership has been formed to make roads safer. It’s a "Call to Action.”
Who is Liable When an Accident Involves a Blind Spot?
Serious vehicle accidents happen when a driver is unable to see vehicles surrounding him or her. Blind spots can prove deadly.
Are Changes Needed to Improve Florida’s Move Over Law?
Many drivers ignore Florida’s Move Over Law. Some are calling for changes in the law to prevent accidents.
Unsecured Loads Cause Florida Accidents
Unsecured loads and other debris often end up on our roadways. They create unsafe conditions for drivers and cause many Florida accidents each year.
Newer Cars Appear to Significantly Reduce Gender Crash Disparities
Women are significantly more likely to tragically die in vehicle crashes than men. Experts say new crash test dummies are needed to further reduce gender crash disparities.
How Knowing Braking Distances Can Prevent Accidents - Do you know your reaction time when driving? If not, here is some helpful information to avoid accidents.
Height Matters When Airbags Deploy
Frontal airbags save lives when front seat occupants sit correctly to avoid injuries from deployed airbags. Compensation should be made for an occupant’s height.
Accidents happen when drivers confuse other drivers by using their vehicle lights inappropriately. To help prevent these accidents, we are providing important information about when lights are needed and required.
Tips for Safely Backing Up to Avoid Accidents
Backup accidents happen frequently, especially in parking lots and driveways. The severity of backup accidents can vary.
What Are the Consequences of Not Wearing Seat Belts?
The consequences of not wearing seat belts are many. Seat belts save lives.
Florida Law For Driving at Night
How many times when driving in Florida have you seen a vehicle driving after sunset with no headlights illuminated? Many of us have. This is a very dangerous and illegal situation.
Lee County Records Highest Motorist Tragic Deaths
Lee County officials are concerned with the rise in the county’s death rates on our roads. FHP wants drivers to put down their phones and drive undistracted.
Stopped Vehicle Accidents Cause Injuries and Deaths
Hundreds of people are tragically killed, and thousands are injured every year in crashes involving stopped or disabled vehicles. Some factors help keep drivers and their passengers safe.
Vehicles are frequently catching fire either because of manufacturing defects or accidents. Having the right law firm behind injured victims is important to the outcome of a potential case.
NHTSA Launches New Year-Long Digital Safety Technology Campaign
Vehicles equipped with lifesaving technologies can prevent or reduce the severity of a crash, but they are most effective when drivers learn how to use them.
Red-light runners threaten Florida’s public safety. Impatient and distracted drivers running red lights tragically kill more than 900 people every year in the United States.
FDOT “Target Zero Fatalities & Serious Injury” Grants
In 2021, Florida had 3,185 traffic accident fatalities. The Florida Department of Transportation (FDOT) established “Target Zero Fatalities & Serious Injury” as an initiative to achieve safety for all road users.
What Compensation is Available in 2022 After a Vehicle Accident?
Florida has some of the worst car accident statistics in the nation. Accidents happen when drivers are negligent, and when drivers are on the roads in unsafe vehicles. What compensation may they recover after an accident?
Fort Myers Accident Attorney Says Lee County Traffic Deaths in Triple Figures in 2021
2021 was one of the deadliest years since 2017 for Lee County, Florida. What should you do if you have an accident?
Who is Considered a Vulnerable Road User in Florida?
Vulnerable road users are usually defined as those who are not protected by being in a car, truck, or bus because they have no metal covering if they are in an accident.
How to Avoid Accidents During the Busy 2021-2022 SW Florida Holiday Season
It is expected that this holiday season will be a busy one for merchants and that accidents involving cars, motorcycles, trucks, bicycles, and pedestrians will increase. Here are some safety tips to make this a safe holiday season.
8 SW Florida Teen Driver Risk Factors for the 2021 Holidays
The Centers for Disease Control and Prevention (CDC) says vehicle accidents are the cause of nearly one-half of all teen deaths, especially for drivers between the ages of 15 and 20. When passengers are in a teen’s vehicle, their risk of being in a fatal car crash doubles.
The Climbing Rate of Wrong-Way Crashes
The AAA Foundation for Traffic Safety (AAA) identified an area of concern: a sharp increase in deaths caused by wrong-way drivers. Wrong-way accident fatalities leave families with devastating losses.
Thanksgiving Holiday 2021 Vehicle Accidents
Many families travel across the U.S. by car during the Thanksgiving holiday weekend, which has the highest fatality rate of any major form of transportation based on fatalities per passenger mile.
Roadside Tragedies - A Grim Reminder for Drivers
The AAA reported that two tow providers recently died while they were assisting motorists at the side of the road. To protect roadside workers, drivers with disabled vehicles, and others, and to improve highway safety, AAA offers precautionary tips.
NHTSA Releases Q1 2021 Fatality Estimates
Even though the number of vehicle miles traveled has decreased, the number of fatalities has increased.
SW Florida Storms Hazardous for Drivers
Florida car accidents, truck accidents, and motorcycle accidents increase in the summer. Roads become slick and make it difficult to slow down or stop.
The National Highway Traffic Safety Administration says that attitudes about drowsy driving need to change. Fatigue has costly effects on the safety, health, and quality of life of the American public.”
5 Driving Habits Causing Florida Accidents
Traffic fatalities are accelerating in Lee County. For the second year, the county is on track for 100 deaths.