Can You Sue After a Storm-Related Car Accident in Florida?
Corbin Sutter
Accident Lawyers
Personal Injury
Port Charlotte and Southwest Florida residents are no strangers to sudden summer storms, and with them comes an increased risk of auto accidents. When crashes happen during hurricanes, tropical storms, or intense afternoon downpours, victims often face added confusion and complexity. Was the other driver at fault — or was it just the weather? How do insurance claims work when floodwaters or flying debris are involved? What if your injuries are serious and your bills are mounting?At All Injuries Law Firm, we’ve been helping storm accident victims in Port Charlotte for over 35 years. Our team includes Corbin Sutter, a skilled personal injury attorney focused on helping accident victims get justice, along with Brian O. Sutter and Bryan Greenberg, who are both Board Certified in Workers’ Compensation Law by the Florida Bar. Together, our attorneys bring decades of combined experience in personal injury law, representing clients injured in storm-related auto accidents across Southwest Florida. If another driver’s poor decisions during a storm led to your injury, you may have a valid claim for compensation.
Why Weather Doesn’t Excuse Negligent Driving
While storms can make roads dangerous, drivers still have a legal duty to adjust their behavior for conditions. That means slowing down, turning on headlights, using hazard lights if needed, and avoiding flooded roadways. If a driver fails to take reasonable precautions and causes a crash, they can still be held liable — even if it was raining or the power was out.
Examples of negligence during storms:
• Speeding or tailgating in heavy rain
• Failing to yield at intersections where lights are out
• Ignoring road closure signs or police barricades
• Driving while distracted by weather alerts or phone calls
• Not using headlights or driving with poor tire tread
In legal terms, this is known as failure to use reasonable care for the conditions. Insurance companies may try to blame the weather — calling it an “Act of God” — but an experienced attorney can gather evidence to show that human error was the real cause.
How Florida Insurance Law Applies to Storm Crashes
Florida is a no-fault insurance state, which means your own Personal Injury Protection (PIP) policy will cover your immediate medical bills and lost wages up to $10,000 — regardless of who caused the crash. But if your injuries are serious, that $10,000 likely won’t be enough.
Under Florida law, you may step outside the no-fault system and pursue a claim against the at-fault driver if you suffer a serious injury, such as:
• Permanent loss of a bodily function
• Significant scarring or disfigurement
• A permanent injury (as determined by a doctor)
• Death (wrongful death claim)
Important: In 2023, Florida changed to a modified comparative negligence system. This means if you’re more than 50% at fault, you cannot recover damages. If you’re 50% or less at fault, your compensation is reduced by your percentage of fault.
An attorney from All Injuries Law Firm can help prove that the other driver’s negligence — not just the weather — was the primary cause of the crash.
Real Dangers We See on Port Charlotte Roads After Storms
Each summer, our attorneys speak with clients injured due to common storm-related hazards:
Hydroplaning & Flooding: Cars traveling too fast on US-41 or I-75 can skid out on standing water, especially during heavy afternoon rainstorms.
Flying Debris or Downed Trees: Winds can push palm fronds, branches, or signs into traffic lanes. Swerving to avoid obstacles or hitting them can result in serious injuries.
Non-Working Traffic Lights: After a storm, power outages are common. Drivers must treat intersections as 4-way stops — but not everyone does. Many crashes happen because someone ignores this rule.
Low Visibility: Sudden downpours and storm cloud cover can make it nearly impossible to see stopped vehicles, pedestrians, or hazards in time.
Post-Storm Road Conditions and Construction Chaos: After hurricanes like Ian or Charley, debris, potholes, and scattered storm cleanup gear can create long-lasting dangers.
Adding to the risk, active road construction projects in North Port and Port Charlotte are creating additional confusion for drivers. Price Boulevard is undergoing a road widening project, while Hillsborough Boulevard has active drainage system upgrades with lane closures and workers operating near traffic. Navigating these construction zones during a storm — with reduced visibility and increased debris — can be hazardous, especially if drivers don’t slow down or follow signage carefully.
When drivers ignore these known risks or drive too aggressively despite them, victims get hurt — and that’s where we come in.
What to Do After a Storm-Related Crash
If you’ve been in a car accident during or after a Florida storm:
Get to Safety and Call 911: Avoid standing water, downed lines, or unstable surroundings.
Seek Medical Care Promptly: Even if you “feel fine,” adrenaline can mask injuries. Getting checked creates a clear medical record.
Document the Scene: Take photos of road conditions, visible damage, debris, downed signals, and weather. These can be crucial later.
Don’t Discuss Fault at the Scene: Save those discussions for your attorney. Even innocent remarks may be used against you by insurers.
Call All Injuries Law Firm: Our team will investigate the accident, deal with the insurance company, and protect your right to full compensation.
Why Choose All Injuries Law Firm for Storm-Related Auto Accidents?
Experience: For over 35 years, we’ve represented injured Floridians through hurricanes, tropical storms, and countless rainy-season wrecks.
Local Knowledge: We understand Charlotte County’s geography, traffic patterns, and storm history. We’ve seen the impact of Ian, Charley, Irma, and other storms firsthand.
Dedicated Personal Injury Team: Our attorney Corbin Sutter focuses on serious injury claims, helping victims of car accidents and weather-related crashes recover the full compensation they deserve.
Board-Certified Legal Experts: Brian O. Sutter and Bryan Greenberg are Board Certified in Workers’ Compensation Law by the Florida Bar and also bring extensive experience handling complex personal injury cases.
No Upfront Fees: We work on contingency, which means you don’t pay unless we recover money for you.
Full-Service Representation: From medical bills to lost wages and property damage, we handle every aspect of your storm-related injury claim.
Schedule Your Free Consultation
If a negligent driver caused your car accident during a Florida storm, don’t let the insurance company write it off as bad luck. You may be entitled to significant compensation — and All Injuries Law Firm is here to help.
Call us now or use our online form to request a free case evaluation. Let us stand with you through the storm and fight for the compensation you deserve.