Fort Myers, FL Car Accident Lawyer

Car Accident Lawyers Serving Ft. Myers and Nearby Areas of Florida

Fort Myers Car Accident Statistics

Year after year, motor vehicle collisions remain a top cause of accident injuries in Florida. Fort Myers is no exception. According to the most recent data from the Florida Highway Safety and Motor Vehicle (FLHSMV), there were 15,452 traffic collisions reported to authorities in Lee County alone in 2023. Altogether, these crashes resulted in 8,722 confirmed injuries and, tragically, 120 fatalities.

Fort Myers car accident statistics can provide information on crash causes and severity, but they do very little to help victims get fair compensation. For that, you need an experienced Ft. Myers car accident lawyer. Your attorney will play a key role in investigating the cause of your auto accident to identify its causes. This makes it possible to determine who may be liable and what options you will have for seeking compensation.

What Are the Most Common Causes of Car Accidents in Fort Myers?

There are an enormous number of reasons why car accidents happen in Southwest Florida.  Every accident in Fort Myers—no matter how seemingly minor—requires a comprehensive, detail-driven investigation to determine exactly what happened. Something went wrong. Injured victims need to know what occurred.

Most car crashes in Fort Myers are preventable, stemming from human error and negligence. This is made more devastating by the simple fact that, when proper precautions are taken, many of these tragic events could be avoided.

Here are some of the most common causes of car accidents in Ft. Myers and surrounding areas of Southwest Florida:

Distracted Driving

Distracted driving is cited as a primary cause of many accidents. Activities like texting, fiddling with GPS, eating, or even daydreaming can divert a driver’s attention and lead to tragic consequences. With the growing use of smartphones, distracted driving is now a more pressing issue than ever.

Speeding

Exceeding the speed limit or driving too fast for road conditions reduces a driver’s ability to react to sudden changes. Speeding not only increases the likelihood of a collision, it also amplifies the severity of the impact, which can lead to more serious injury.

Ignoring Red Lights and Stop Signs

Failing to obey traffic signals and signs is a common and dangerous driving behavior. These actions frequently result in high-impact collisions, particularly T-bone crashes, which often cause severe or fatal injuries.

Reckless and Aggressive Driving

Reckless and aggressive driving behaviors—such as tailgating, changing lanes abruptly, and disregarding traffic signs—lead to unnecessary risks for everyone on the road. Aggressive driving can also lead to road rage, further endangering others on the road.

Drunk or Impaired Driving

Alcohol impairs drivers, affecting their decision-making, coordination, and reaction times, significantly increasing accident risks. Intoxication—which may include alcohol, OTC and prescription medications, and illicit drugs—remains one of the most preventable causes of car accidents, yet it continues to claim lives every year.

Poor Road Conditions

Potholes, uneven road surfaces, faded line markings, and inadequate signage can contribute to car accidents in Ft. Myers. Particularly in areas with heavy traffic, poor maintenance creates a significant risk of injury.

Vehicle Defects and Mechanical Failures

Defective auto parts, such as brakes, steering systems, ignition switches, or faulty tires, can lead to sudden and uncontrollable accidents. Regular vehicle maintenance and recalls help mitigate these risks, but are not always successful in preventing harm.

Driver Fatigue

Exhausted drivers are not alert. They are slow to react and often confused, both of which increase the risk of accidents. Fatigue-related crashes are especially common among long-haul truck drivers and people traveling late at night.

Pedestrian and Cyclist Interaction

In areas with high pedestrian and cyclist activity, such as downtown Fort Myers or near beaches, collisions with non-motorists are common. These accidents may stem from a lack of attention, inadequate crossings, or poor infrastructure, and are often severe.

Weather Conditions

Southwest Florida’s tropical climate often brings heavy rain. This can lead to slick roads and reduced visibility. Hydroplaning, skidding, and other weather-related issues make driving dangerous under these conditions.

At Bernheim Kelley Injury Lawyers, we know that each car accident is unique. When you’re involved in a crash, a thorough investigation must be conducted into its causes to ensure all contributing factors are uncovered. Armed with evidence of its cause, your Fort Myers car accident lawyer will be in a better position to build a case for maximum compensation.

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What Are the Steps to Take After a Car Accident in Fort Myers?

A serious crash can change your entire life in a matter of a few seconds. It’s normal to be incredibly stressed out, entirely overwhelmed, and unsure of where to turn to get justice. A proactive approach can make a significant difference in your physical recovery and your ability to secure compensation.

Here are some of the most important steps to take after a motor vehicle collision in Fort Myers:

Stop Your Car and Report the Wreck

Florida law requires all drivers to stop their vehicle, exchange information, and remain at the scene of a crash. Be sure to promptly report the accident to law enforcement, such as the Fort Myers Florida Police Department or the Lee County Sheriff’s Office.

Get Immediate Medical Care for Physical Injuries

Your well-being is paramount. It should always be the top priority. Seek immediate medical attention after a car crash in Fort Myers. Not only is seeing a physician critical for your safety, but it is also necessary in the personal injury claims process. If you do not see a doctor, you cannot recover compensation.

Thoroughly Document the Car Crash

Gather as much information as possible at the scene of the accident. This may include:

• The names, contact details, insurance information, and license plate number of all drivers involved
• Pictures of the vehicles, damage, skid marks, road, conditions, and any visible injuries
• The contact information of any witnesses who can provide an account of the crash

Be sure to also keep detailed records of any medical treatment provided on the scene.

Notify Your Insurance Company

Inform your insurance provider about the accident as soon as possible, but be cautious when speaking with them. Provide factual information, but avoid making any statements that could be used to minimize your claim. Insurance adjusters may attempt to downplay your injuries or place the fault on you.

Get Help From a Fort Myers Auto Accident Lawyer

Insurance companies are not on your side. They want to pay out less in settlement. Protect yourself by working with a top Fort Myers car accident lawyer. 

A knowledgeable attorney can:

• Investigate your accident to gather evidence
• Calculate your damages
• Build a strong case on your behalf
• Negotiate with insurance companies
• Represent you in court if a fair settlement cannot be reached

Having a lawyer on your side ensures you have the support you need to protect your rights while you seek the full compensation you are due.

Why Choose Us?

When you’re facing one of the toughest moments of your life, you need more than just a lawyer—you need a trusted ally who will stand with you and fight for your rights.

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Fort Myers Car Accident Injuries

Car accidents can lead to a wide range of injuries. Some are minor—like bruises and small cuts—while others can be life-altering. However, even seemingly small injuries can have long-term consequences if left untreated. This makes it very important that you seek medical attention after a crash, even when injuries aren’t immediately noticeable.

Injuries to discuss with a Ft. Myers car accident lawyer include:

• Traumatic brain injury (TBI): Car crashes are a leading cause of TBI, a condition that can impact physical, mental, and emotional processes, sometimes for life.
• Spinal Cord Injury (SCI): Auto accidents are the leading cause of SCI, a condition that can lead to paralysis and interfere with nervous system processes such as breathing and temperature regulation.
•  Internal Injuries: Penetrating debris or force from a collision can damage internal organs, which can lead to death when not treated immediately.
• Broken and Fractured Bones: Arms, legs, ribs, and other bones often break in car accidents, requiring surgery and impacting your ability to work.

Other injuries, including whiplash and soft tissue injuries, are common after car accidents. So too are psychological injuries, including sleep disturbances, depression, anxiety, and PTSD. These injuries must also be taken into account when seeking compensation—not only for the costs they necessitate but also for the impact they have on your quality of life. Your Fort Myers car accident lawyer will carefully evaluate the ways your accident has and will continue to impact your life to determine how much compensation to pursue on your behalf. 

Understanding Eligibility for a Car Accident Lawsuit In Fort Myers

Is Florida a fault or no-fault state? For auto accident claims, Florida operates as a no-fault state. This has major implications for your rights. In many cases, car accidents are handled through Personal Injury Protection (PIP) coverage, provided by your own insurance policy. This means that for minor collisions, your medical bills and a portion of lost wages are covered by your PIP benefits, regardless of who caused the accident.

That being said, Florida also allows for fault-based claims under certain circumstances. If your injuries meet the state’s serious injury threshold, you may be entitled to file a lawsuit against the at-fault party. These include:

• Significant or permanent loss of function
• Permanent injury
• Scarring and disfigurement
• Fatal injury

In Florida, individuals who have suffered life-altering harm are not limited to the constraints of the no-fault system. They are allowed to pursue full compensation for their damages. Your Ft. Myers car accident lawyer will carefully evaluate your claim to help you determine if you qualify for a fault-based lawsuit.

How Is Fault Determined in a Car Crash?

Are you considering bringing a fault-based auto accident claim in Fort Myers? You may have questions about how exactly fault will be determined. Negligence is the basis of fault in these types of cases. For example, imagine that you were hurt in a T-bone crash in Fort Myers. The party—driver or otherwise—whose failure to take adequate care caused that T-bone accident can be held liable for the resulting damages.

Authorities and insurance companies rely on various types of evidence to assess fault in car accidents, including:

• Police reports
• Witness statements
• Accident scene photos and videos
• Expert analysis

Note: It is important to keep in mind that not all car accident injury claims are fault-based claims in Florida. Your claim may be a no-fault car accident claim. An experienced Fort Myers car accident lawyer can help you navigate all aspects of the claim process, including how to dispute fault in a car accident.

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“I highly recommend attorney Jesse Bernheim and his team for any readers’ future needs. Mr. Bernheim handled my insurance claim in a timely manner, and both he and his team kept me informed throughout the entire process. Without his representation, my claim would have been denied and I would have had several out of pocket expenses. Not only was the claim settled, but it was settled for the amount needed for repairs. Thank you, Jesse. Hopefully I won’t need you in the future, but if I do, you’re the first phone call made. You are a true professional.”

E.S.

“We were denied by our insurance carrier coverage for damage to our roof. Luckily, Bernheim Kelley Battista was recommended by a friend. We got an idea about the process we were to go through on our first call and it all played out the way we were told it would. Eventually, we made it into mediation and felt very well represented. Ultimately we got the settlement we were hoping for and are now able to fix our roof. All the details, emails, etc. were handled for us and our questions answered immediately. Couldn’t ask for a better team to work with.”

B.R.

“Attorney Eric Sachs and his team are very professional and amazing. I highly recommend Bernheim Kelley Batista, LLC as the best law firm you can think of. Their communication is awesome. They handled my case and kept me updated every step of the way. I’m super happy with my end results. Thank you all for the time and effort put into my case. If you need an Attorney, Eric Sachs is the best to handle your situations. Don’t wait or think twice, you are in good hands!”

T.W.

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What Is Comparative Negligence in Florida?

Under Florida Statutes § 768.81, personal injury claims, including motor vehicle collisions, are subject to a standard of comparative negligence. Comparative negligence in Florida refers to the legal approach of assigning fault proportionally among parties involved in an accident based on their degree of responsibility. For instance, in a Fort Myers car crash case, if Driver A is found to be 70% at fault for speeding, and Driver B is 30% at fault for not signaling, each party’s compensation will be adjusted based on their share of the blame. As such, Driver B can recover 70% of their total damages. They would bear fault for 30% of their own losses.

Damages a Fort Myers Car Accident Lawyer Can Help You Seek

Victims of serious injury may be entitled to seek compensation for both economic and non-economic damages. In certain cases, punitive damages may also be available to punish egregious behavior and deter similar actions.

Potential damages following injury in a Ft. Myers car accident include:

Economic Damages

Economic damages are tangible, financial losses that result directly from the accident. These include:

• Medical Expenses: Current and future medical bills, including hospital stays, physical therapy, prescription medications, and rehabilitation services.
• Lost Wages: Compensation for income lost due to the accident, including missed work during recovery.
• Loss of Earning Capacity: If your injuries permanently reduce your ability to work, you can seek damages for the long-term impact on your earning potential.
• Property Damage: The cost to repair or replace your vehicle and any other personal property damaged in the collision.
• Out-of-Pocket Costs: Additional expenses, such as transportation to medical appointments or hiring help for daily tasks during recovery.

Non-Economic Damages

Non-economic damages compensate for the intangible harm caused by the accident, including:

• Pain and Suffering: Physical pain, emotional discomfort, and the overall impact on your quality of life.
• Emotional Distress: Mental health challenges, such as anxiety and PTSD, resulting from the accident.
• Loss of Enjoyment of Life: The loss of ability to participate in activities of hobbies you previously enjoyed.

Wrongful Death Damages

Wrongful death damages are intended to compensate families for the loss of a loved one. They may include:

• Lost Financial Contributions: Lost income, retirement benefits, college assistance, and other financial considerations the decedent’s income or contributions would have covered.
• End-of-Life Expenses: End-of-life medical care, funeral and burial expenses, and related costs.
• Loss of Consortium: Compensation for the loss of physical and emotional relations with a spouse.
• Emotional Suffering: Compensation for the depression, anxiety, frustration, anger, trauma, and other emotions caused by the untimely loss of a loved one.

Punitive Damages

Punitive damages are awarded in rare cases where the at-fault party’s actions were reckless or intentional. This may include driving while drunk or high, aggressive driving, and excessive speeding.

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How Much Is a Car Accident Case Worth?

It depends. The proper settlement for a car accident can vary based on a wide array of different case-specific factors. Do not rely on an insurance company to value your claim fairly. A top-rated Fort Myers car accident lawyer will help ensure that you are in the best position to secure the maximum available financial compensation—whether through a settlement or a trial verdict.

Florida Damage Caps

Economic and non-economic damages are known, collectively, as “compensatory damages.” In Florida, there is no cap on compensatory damages following serious injury in a car accident. However, punitive damages are capped at either three times the amount of compensatory damages or $500,000, whichever is greater (see Florida Statutes § 768.73). In cases involving intentional harm, higher caps may apply.

Insurance companies may attempt to minimize your payout. Bernheim Kelley Injury Lawyers will calculate the full value of your claim to understand the financial, emotional, and physical toll of your injuries, and build a case to seek every penny your injury demands. 

What Is the Statute of Limitations for a Car Accident in Fort Myers?

The statute of limitations in Florida for an auto accident is two years (see Florida Statutes § 95.11). Before 2023, the statute of limitations was twice as long. However, under a recent legislative reform, injured car accident victims only have two years to bring a fault-based claim for a crash. Failing to file your lawsuit within this two-year window typically results in the forfeiture of your right to seek compensation.

Two years may seem like a lot of time. It’s really not. Filing your claim promptly offers several legal advantages:

• Preservation of Evidence: Important evidence—such as accident scene photos, witness statements, and police reports—is easier to collect shortly after a crash
• Timely Medical Documentation: Immediate medical attention creates a record of your injuries to support your claim.
• Stronger Negotiating Position: The sooner you file, the less opportunity insurance companies have to argue that your injuries are unrelated to the accident.

Understanding Florida’s 14-Day Rule for No-Fault Claims

There is a strict 14-day rule for minor injuries sustained in a car accident in Fort Myers. Under this rule:

• You must seek medical care within 14 days of the accident to qualify for PIP benefits.
• Failing to meet this deadline could prevent you from recovering compensation for medical bills or lost wages through your PIP policy.

Seeking immediate medical attention after a crash is essential for detecting injuries that may have a latent onset. It is also an important step towards protecting your legal rights.

Don’t Miss Your Opportunity for Compensation

Florida’s statute of limitations and no-fault rules can be complicated. Understanding these deadlines is, however, essential for protecting your rights. If you’ve been injured in a car accident in Ft. Myers, contact our office today to schedule a free case review. Our team will work to ensure you meet all deadlines and take the necessary steps to secure your full compensation.

The Car Accident Claims Process

Navigating the car accident claims process involves several critical steps, each requiring attention to detail, strategic negotiation, and a solid understanding of your legal rights and obligations. Of course, an experienced Fort Myers car accident lawyer will be instrumental during this stage to advocate for your rightful compensation effectively.

The car accident claims process typically involves:

1. Initial investigation: The first stage of the claims process involves collecting and organizing evidence to build a strong case.
2. Damages assessment and Claim Valuation: This involves calculating both economic and non-economic damages to ensure that all current and future expenses are accounted for.
3. Filing the Insurance Claim: Once the evidence is gathered, your claim will be filed with the appropriate insurance companies.
4. Settlement Negotiations: This is where a car accident lawyer (or you, if you decide to go it alone) will attempt to negotiate with insurance for fair compensation.
5. Litigation. When a fair settlement cannot be reached, your claim may proceed to trial where a judge or jury will decide the outcome.

Why Hire a Fort Myers Car Accident Lawyer

The claims process is both time-sensitive and complex. Attempting to navigate it alone can result in missed deadlines, undervalued claims, and inadequate settlements. Working with an experienced Ft. Myers car accident lawyer helps to ensure:

• Your rights are protected
• All evidence is properly documented
• Insurance companies are held accountable
• Your compensation reflects the true extent of your damages

Throughout the entire legal process, your lawyer will act as your advocate and advisor, answering your questions, addressing your concerns, and keeping you informed about your case’s progress.

You don’t have to face the claims process alone. Bernheim Kelley Injury Attorneys is here to guide you through each step of the way and fight for the financial recovery you deserve.

Our Fort Myers Car Accident Lawyers Are Here to Help

With Bernheim Kelley Injury Lawyer, you can expect:

• Client-Centered Advocacy: Your best interests are always our top priority. We take the time to listen to your story, truly understand your needs, and develop a legal strategy to help achieve the results you deserve.
• Proven Results: We have recovered more than $1 billion for injury victims. We are committed to helping people whose lives were upended by an accident get justice through fair and full compensation.
• Local Knowledge with Statewide Reach: From our office in Fort Myers, we represent car accident victims in Lee County, Southwest Florida, and throughout the wider region. Our deep understanding of local laws, courts, and communities allows us to ensure your case is handled appropriately.
• No Upfront Costs: We work on a contingency basis. You only pay for our services after we have secured compensation on your behalf. This ensures that everyone—regardless of financial circumstances—has access to quality legal representation.
• Accessible and Supportive: We’re here to listen, guide, support, and, ultimately secure compensation for you and your family. From your first consultation to the resolution of your case, you’ll have direct access to a team that genuinely cares about your well-being.

Insurance companies often prioritize their bottom line, not your recovery. Having an aggressive and experienced Fort Myers car accident lawyer from our firm on your side helps ensure you are treated fairly and not tricked or coerced into taking less than you are owed.

Ft. Myers Car Accident FAQs

Contact a Fort Myers Car Accident Lawyer for FREE

Hurt in an auto accident in Fort Myers? It is normal to have a ton of questions about the legal claims process. You do not have to try to take on a large insurance company on your own. At Bernheim Kelley Injury Lawyers, we will provide the support you need during this challenging time. With decades of experience and a proven track record of securing substantial settlements and verdicts, our Fort Myers car accident attorneys are here to fight for your rights and help you secure the compensation you are due.

If you’ve been hurt in a car accident, don’t wait to seek help. Evidence fades, deadlines approach, and insurance companies are quick to take advantage of unrepresented claimants. Contact Bernheim Kelley Injury Lawyers today for your free, no-commitment case evaluation. Let us show you how our team can make a difference in your recovery process and help you take the first step towards rebuilding your life.