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Fort Myers Personal Injury Attorney Randall L. Spivey achieved a settlement for our client who was seriously injured when a worker driving a company van crashed into the rear of her vehicle in Fort Myers, Florida.  In our client’s case, the defendant driver rear-ended her during rush hour traffic while the defendant driver was driving a work van. 

The insurance company for the defendants denied liability and disputed that our client’s injuries were caused by the car accident and attempted to downplay and diminish the severity of our client’s injuries.  Because the insurance company refused to provide a reasonable settlement offer to compensate the victim of this rear-end accident that she did not cause, Spivey Law Firm, Personal Injury Attorneys, P.A. filed a lawsuit on our client’s behalf to seek just compensation for her injuries and damages.

Rear-end accidents are statistically one of the most common types of collisions in the country.  Unfortunately, rear-end accidents are especially common in Southwest Florida.  Rear-end accidents are almost always preventable by the vehicle that rear-ends the other.  There are several causes of rear-end crashes, including following too closely, speeding, driving too fast for conditions, distracted driving, texting, cell phone use, poorly maintained brakes, and drunk driving.

There are numerous Florida Statutes (laws) that may apply to a rear-end accident.  First, Florida Statute Section 316.0895(1) “Following too closely” provides, “The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon, and the condition of, the highway.”  This is a fundamental law in the state of Florida and was enacted to reduce the likelihood of rear-end accidents. 

Next, Florida Statute Section 316.183(1) “Unlawful speed” provides that “No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event, speed shall be controlled as may be necessary to avoid colliding with any person, vehicle, or other conveyance or object on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.”  A fundamental rule of the road is that a driver shall not speed.  Florida law defines “unlawful speed” as that which is greater than is reasonable under the circumstances.  While posted speed limits serve as maximum speed limits, they do not mean that a driver driving within the speed limit is driving at a proper speed.  Drivers must drive reasonably under the circumstances.  Here, the defendant driver was driving in a busy area in rush hour approaching a highway on-ramp.  Because the driver was driving at a speed where he could not stop to avoid crashing into our client, Spivey Law Firm Personal Injury Attorneys, P.A. argued that the defendant driver violated Florida law regarding unlawful speed.

Further, Florida Statute Section 316.1925 “Careless driving” provides that “any person operating a vehicle upon the streets or highways within the state shall drive the same in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person. Failure to drive in such manner shall constitute careless driving and a violation of this section.”

Additionally, Florida Statute Section 316.185 “Special hazards” provides that “the fact that the speed of a vehicle is lower than the prescribed limits shall not relieve the driver from the duty to decrease speed when approaching and crossing an intersection, when approaching and going around a curve, when approaching a hillcrest, when traveling upon any narrow or winding roadway, or when special hazards exist or may exist with respect to pedestrians or other traffic or by reason of weather or other roadway conditions, and speed shall be decreased as may be necessary to avoid colliding with any person, vehicle, or other conveyance on or entering the street in compliance with legal requirements and the duty of all persons to use due care.”  Accordingly, even if a driver is going less than the speed limit, that does not relieve them from their duty to decrease their speed to avoid collisions.  In this case, the defendant driver was required to take our client’s position in heavy rush hour traffic into consideration and was required to reduce his speed accordingly to avoid colliding with our client. 

A rear-end accident may or may not result in a traffic citation being issued by a law enforcement officer. While the investigating officer in our client’s case found the defendant driver at fault for causing the crash, the officer did not issue a citation to the defendant driver for violating Florida law. However, a civil action can be pursued regardless of whether a driver is issued a citation.

Even though the jury may not hear about a traffic citation, and even though a driver may not be cited for violating a Florida traffic statute, an experienced attorney, like Fort Myers Car Accident Attorney Randall L. Spivey, may seek jury instructions instructing the jury on Florida traffic law and argue that the jury may consider whether they feel the defendant violated that law (regardless of if they were cited) and may consider that as evidence of negligence.

In our client’s case, the defendant driver was not cited even though he was found to be at fault.  However, Fort Myers Personal Injury Attorney Randall L. Spivey was able to argue that notwithstanding the fact that the defendant driver was not cited, he still violated several Florida traffic statutes, and those violations were evidence of his negligence.  

It is crucial to hire a Fort Myers car accident lawyer who is familiar with all applicable traffic statutes so that he can effectively argue to insurance companies, defense lawyers, and juries that the defendant violated the applicable statutes and that those violations are evidence of negligence in the car accident case, regardless of whether the defendant driver was cited by law enforcement or convicted.

Through aggressive and effective representation, Fort Myers Car Accident Attorney Randall L. Spivey achieved a settlement in favor of our client that fairly compensated our client for her significant injuries. Fort Myers Personal Injury Attorney Randall L. Spivey has extensive experience litigating personal injury cases on behalf of victims of rear-end accidents throughout the state of Florida.

“Should you or a loved one be injured in an accident, please contact Spivey Law Firm, Personal Injury Attorneys, P.A. after seeking medical attention. We represent people involved in numerous types of personal injury and wrongful death accidents throughout the state of Florida. All of our clients have unique personal injury cases. Our firm provides personal contact and communication along with aggressive representation. We are available to assist you 24/7, and there are no costs or attorney fees until we receive a monetary recovery for you,” said Attorney Spivey.

Fort Myers Car Accident Attorney  Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one percent (1%) of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact  Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll-free at 1.888.477.4839, or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information. You can contact Spivey Law Firm, Personal Injury Attorneys, P.A. in Charlotte County at 941.764.7748 and in Collier County at 239.793.7748.