Cape Coral is in Lee County, where there were 122 fatalities in 2023, and people are injured in collisions daily.
On top of the emotional recovery you may require after a car crash, you may also find yourself in need of medical treatment, physical rehabilitation, and trauma therapy to fully recover. Tracking all of these appointments and expenses can be overwhelming.
Florin|Roebig car accident attorneys are highly recommended by clients and other law firms because of our proven track record and well-trusted legal representation. We can help you get the compensation you deserve.
With this compensation, you can cover your related expenses and begin the process of moving on with your life. If you have been involved in a car accident in Cape Coral, the board-certified car accident lawyers at Florin|Roebig can help you file a claim.
Find out more about filing your car accident claim in Cape Coral, including fault and negligence determination, calculating damages, and how Florin|Roebig is instrumental in securing the maximum compensation.
What To Know About Cape Coral Car Accident Claims
Lee County traffic ordinances regulate citations for Cape Coral car accidents. If you receive a citation from a responding law enforcement officer after being involved in an accident, understand that you may be required to pay fines and appear in court for what the officer has determined is your fault in the accident. This may fall outside what you’re dealing with regarding insurance policies and claims against other drivers.
While motorists are supposed to yield to pedestrians and share the road with bicyclists in most scenarios, there are laws for how those walking or on two wheels should act on sidewalks and roadways. When they fail to follow those guidelines and cause an accident, it increases their level of fault.
You should have a minimum of $10,000 in personal injury protection (PIP) insurance if you’re registered to drive in Florida. You file with this coverage for initial medical and wage damages, regardless of who is at fault. You have two or four years from the date of the accident or when you discover an injury caused by the accident to file a claim, depending on whether the accident occurred before or after March 24, 2023.
Comparative negligence rules in Florida are either pure or modified. Pure comparative negligence means that each party in an accident can claim damages against the other for percentages of fault. For example, a driver who is 65% at fault can file charges against the other driver for the remaining 35% of fault assigned to them. They can even claim 1% in damages against other drivers.
Modified comparative negligence assigns a percentage of blame to each party as well but uses the 50% bar rule to prevent anyone more than 50% at fault from claiming damages against other drivers. In both types of negligence, the plaintiff’s damages can be reduced by any percentage of fault found against them.
The Car Accident Claim-Filing Process
Before you file a car accident claim against any entity in Cape Coral, you need to make sure you’ve lined up all the little ducks, though the process may more closely resemble herding kittens.
To file an accident claim in Cape Coral, Florida, you need:
- Evidence that another party knowingly acted irresponsibly in a way that a reasonable person would not have and that it caused the accident and your injuries.
- Documentation with pictures, video, witness and personal statements, receipts for car repairs and medical expenses, medical reports, and police reports to support your claims.
- Legal advice, if not legal representation, to avoid stating or accepting responsibility and to know what compensation is fair for your injuries.
At this point in the process, you can confidently contact your insurance company and file a claim. However, without an attorney like one from Florin|Roebig on your side, you may unknowingly claim responsibility for the accident that caused your injuries and significantly reduce your insurance payout as a result.
Florida Laws For Car Accident Cases
Car accident laws in Florida have always been complex, but they’ve become even more confusing in recent years. Why? House Bill (HB) 837 became law on March 24, 2023. This bill changed the statute of limitations and damages caps, to name a couple of important revisions. However, some accidents still fall under previous Florida laws.
As one of the few no-fault states in the US, Florida requires registered drivers to carry at least $10,000 in personal injury protection (PIP) insurance. You’re also required to have at least that amount in property damage liability (PDL) coverage. These policies cover a percentage of your medical expenses, lost wages, and vehicle damage after an accident, as well as damage to the other drivers’ vehicles.
However, the policies only pay up to the $10,000 (or whatever amount you’ve purchased). You can file against your other insurance policies or those of other drivers for additional compensation as needed. Keep in mind that insurance companies will both work to deny your claims and raise your policy rates if they can after an accident.
“While you may expect difficulties with other insurance companies, it’s easy to fall into the trap of thinking your insurance company is guided by your best interests. This is one of the reasons why Florin|Roebig is your best bet in legal advocacy. I won’t let anyone’s insurance company take advantage of your situation.”
-Triple-board-certified attorney Tommy D. Roebig
Fault In Car Accidents
In order to file a successful car accident claim, you must be able to show that the car crash was the result of negligence. In the state of Florida, courts use a concept known as comparative negligence to determine fault in car accident cases.
This means that the fault for the crash will be assigned according to percentages. Even if you are found to be partly at fault for the accident, you will still be able to file a claim against other responsible parties, but your settlement amount will be reduced based on your level of fault.
Factors That Affect Car Accident Cases
Every car accident claim in Florida is unique, and a number of factors can affect the outcome of your car accident lawsuit. For example, the extent of your injuries will have a direct effect on the outcome of the case. The more severe your injuries, the stronger your claim will likely be. Likewise, the amount of time you missed at work, as well as whether you will be able to return to work, will impact your claim as well.
Other factors that may impact the outcome of your car accident claim include the effects of the injury on your personal life, any personal property damage that occurred, and the amount of your specific financial losses.
Liability In Car Accidents
For most car accident cases, liability falls to either the driver of the vehicle or their insurance company. However, there are circumstances in which other parties can be considered liable. One example would be a city that failed to post or maintain proper signage. A car or car parts manufacturer can also be assigned liability if a faulty design caused the accident.
Strict liability and vicarious liability might factor into your case as well. Strict liability means that someone is responsible for the accident regardless of negligence. While their intent may not have been to cause a car crash, it happened all the same.
Vicarious liability applies to car accidents, usually in one of three instances. The first would be an employee driving a company car during their shift. The second would be a minor driving anyone’s car. The third would be a person driving someone else’s car. In each instance, someone else can carry partial responsibility for the accident, even when they were not physically involved in it.
Liability determines which parties are filed against and later sued. When looking at recovering damages, it matters that the party responsible is going to be able to pay based on the verdict. If they can’t, it can be better to file against the party vicariously liable instead.
Our Featured Case Results
Consideration of Negligence, Degree Of Fault
As explained earlier in the article, Florida currently uses two systems of comparative negligence. When pure comparative negligence is applicable in your case, you can end up paying someone who is 99% responsible for your injuries for the 1% fault you carry. You would also only collect on 99% of a settlement.
With the newer modified comparative negligence and 50% bar rule, your compensation would still be reduced by the 1% that’s your responsibility, but you wouldn’t be filed against by the other party. Because they would be over 50% responsible, HB 837 makes the at-fault party ineligible to collect any sort of damages from any other parties in the accident.
How Cape Coral Car Accident Attorneys At Florin|Roebig Can Help With Your Car Accident Claim
If all of this is causing more confusion, you’re not alone. Many people are unaware of most laws and how they apply to a specific situation until after an accident happens to them or a loved one. That’s why it’s so important to work with someone who understands the law as it’s written and how to interpret that through the lens of your unique personal injury case.
“I’ve spent my career successfully decoding personal injury law and arguing how it pertains to each of my client’s cases. And you don’t have to take my word for it. My case results speak for themselves, as do the certifications I’ve earned through peer review.”
Florin|Roebig will put every single one of its resources into fighting for you, and we have plenty, including strong experience with trials, high-profile clients, and a four-acre Florida law office campus. We use the mock courtroom and onsite print shop to prepare for trial, practicing how we’ll approach a case and getting you ready for the other side’s arguments.
Ways The Accident Can Impact Your Life
After a car accident, your life can change considerably. You may have sustained serious injuries that left you dealing with chronic pain and disability. You may also be unable to return to your previous job, causing you to lose income and face financial hardship. In addition, the car accident may have left you with expensive medical bills, as well as psychological and emotional trauma.
Although no amount of money can erase the pain you have experienced, filing an injury lawsuit gives you an opportunity to collect compensation from the party responsible for the accident. We advocate for injury victims’ rights during negotiations and if we go to trial.
Cape Coral Police Department may be able to connect you with a Victim’s Advocate following your accident. These advocates work with individuals who have witnessed or experienced a crime and can be a valuable resource in addition to those offered through our offices.
What To Do After A Car Accident In Cape Coral
The contact between cars, trucks, or other vehicles during an accident can leave you disoriented as shock and adrenaline take over. It can take a few moments (or longer) to pull yourself back together, but there are several things that you should try to do when you’re able.
Things to be done immediately following a car accident in Cape Coral, Florida, include:
- Check yourself and all other passengers and drivers for any injuries.
- Call for emergency assistance.
- Collect information on what happened and who was involved.
- Check in with medical professionals.
- Capture the scene with pictures and video.
Move any vehicles out of the flow of traffic by driving, pushing, or towing them off the main drag once injuries have been assessed or as soon as possible. Major accidents and people with significant injuries will have other things to focus on in the commotion, but doing the best you can to shift out of harm’s way is good for everyone.
Auto Accident Rates In Cape Coral
Drivers in Cape Coral in Lee County, Florida, saw a decrease in driving accidents during the early phases of the pandemic but it didn’t last for long. By early Summer, the frequency of motor vehicle accidents picked up, and fatalities increased by 9.18 percent in the last year.
These are some of the top Florida car accident statistics for Lee County in 2023:
- In 2023, 15,451 car accidents occurred in Lee County, 5,865 of which involved injuries.
- 8,723 injuries, with 4,211 of them involving hit-and-run drivers.
- 122 reported fatalities. Eleven of those were in bicycle crashes, 26 in motorcycle accidents, and 24 pedestrian fatalities.
- Fifteen crashes involving impaired drivers led to nine injuries and 14 deaths.
Cape Coral Worst Roadways
Drivers in Cape Coral are accustomed to expecting the unexpected when driving on major roadways. In fact, many residents make it a habit of adding additional time to their commute because they expect traffic delays. While it is always recommended to drive alert, residents are highly encouraged to drive with caution on the following roads:
- SR-82: This highway has a long-standing reputation as the most dangerous road in Lee County. Environmental factors which influence visibility and dangerous driving habits often result in fatal accidents. Officials are actively working on improving the driving conditions of this area.
- Pine Island Road: Major roadway saturated with dining, entertainment and shopping destinations for residents of Cape Coral. The congestion, frequent U-turns and poor intersection signals are a recipe for disaster. Intersections with Santa Barbara, Andalusia Boulevard and Del Prado Boulevard have the highest occurrence of accidents each year. Pine Island Road is also known as State Road 78.
- Country Club Boulevard and Veterans Parkway: Major intersection featuring only one gas station is visited by nearly 100K vehicles each day. Officials are investigating improvement opportunities though dangerous driving habits are often the cause for collisions.
Practical Advice For After A Car Accident
Though it may seem obvious to you, one of the easiest things to miss in the chaos of an accident is tending to your well-being. This is especially true if you feel fine or have a habit of putting others first. But the reality is that your body can hide injuries from you, and you can discover later that you should have sought medical assistance.
You should absolutely help anyone you can on a car or truck accident scene, but be sure you don’t apologize for the accident or say it was your fault. Those words can haunt your claims later, and you may be unaware of all the factors causing your accident.
Vehicles need to be removed from the road, but try to get pictures before you do so, provided it’s safe. Experts can tell a lot by looking at vehicle damage, but it’s not a perfect science. Visuals of the scene may make a difference in your case.
To preserve your legal rights, it helps to speak with a qualified attorney before you reach out to your insurance company. Claim forms include areas for you to explain what happened, and these are closely examined for anything that decreases your claim dollars.
Insurance companies often have their attorneys and adjusters call you as well, and it’s standard for them to seem to be on your side. What they’re really doing is hoping you’ll admit fault. Any percentage of fault on your shoulders increases the money they get to keep.
FAQs About Cape Coral Car Accident Claims
How much does an attorney charge for a car accident in Florida?
Contingency fees can be anywhere from 15-40% for a successful car accident case in Florida. Speak with Florin|Roebig about your unique case to find out what the cost would be if we win. We only get paid when you do.
Should I hire an attorney after a car accident in Florida?
That’s a discussion to have with a professional. You may not need an attorney for your accident, but you’re better off seeking legal advice before filing claims on your accident. Hiring an attorney as early as possible helps your case.
Cases with catastrophic injuries, high economic damages, wrongful death, or significant noneconomic damages like pain and suffering can require extensive research and negotiation to reach a fair settlement. A phone call to a Cape Coral personal injury lawyer with years of experience can indicate whether your financial compensation will cover your car accident injuries.
How much can someone sue for after a car accident in Florida?
The amount of compensation car accident victims can win will vary considerably based on the specific circumstances of the accident.
Some of the factors that may affect the exact amount of compensation awarded include:
- The extent and nature of your injuries
- Whether you have chronic pain or permanent disability
- The effects on your mental and psychological health
- The effects on your quality of life
- The specific expenses you are able to prove in court
Talk to an experienced car accident attorney for individual legal advice to better estimate the compensation you can hope to win when filing a car accident claim.
What is the new law for car accidents in Florida?
The new law for car accidents in Florida is House Bill (HB) 837, which was signed on March 24, 2023. It revolutionizes personal injury law in the state, shifting it from pure comparative negligence to modified comparative negligence, along with other changes.
List Of Top-Rated Car Accident Attorneys Serving Cape Coral
If you are thinking about filing a car accident claim in Cape Coral, you need the right personal injury attorney on your side. The legal team at Florin|Roebig has extensive experience (nearly four decades to be specific) representing clients in car accident cases, and we can help you maximize your chances of recovering the compensation you deserve with the work of our board-certified personal injury lawyers.
Our attorneys have plenty of trial experience and work on a contingency fee, meaning they don’t get paid unless they win – so you can count on having some of the best representation in Cape Coral.
Some of our attorneys serving clients in the Cape Coral area and Southwest Florida include:
- Wil H. Florin, B.C.S.
- Tommy D. Roebig, B.C.S.
- Chad K. Florin
- John J. Hart
- Shaun M. Cummings
For every year since the inception of the honor in 2010, Florin|Roebig has been selected as one of the “Best Law Firms in America” by “US News and World Report” and “Best Lawyers in America.”
Other practice areas Florin|Roebig specialize in which are available to the Southwest Florida region include:
- medical malpractice
- motorcycle accidents
nursing home abuse - wrongful death
We Are Nationally Awarded Lawyers
How To Get Help From Florin|Roebig Personal Injury Attorneys
This part is straightforward. Our representatives are accessible through your preferred contact method and are available every day of the year.
Contact Florin|Roebig attorneys through:
- Filling out our online form.
- Visiting our Florida offices.
- Chatting online with a representative.
Our Fort Myers office is a short drive from Cape Coral, located at:
9160 Forum Corporate Parkway
Suite 310
Fort Myers, FL 33905
Get started with your Cape Coral car accident claims by reaching out to us, and we’ll guide you through the legal processes, explain how the state of Florida laws affect your case, and give you access to every resource we think will help you. Florin|Roebig personal injury attorneys in Cape Coral are top-rated for a reason, and we’ll demonstrate what effective representation and advocacy look like when we take your case.
