Rear-End Collisions - A Real Pain In The Neck For Fort Myers Drivers
Corbin Sutter
Accident Lawyers
Rear-end collisions make up a significant portion of road accidents across the United States. The National Highway Traffic Administration (NHTSA), indicates these accidents account for between 23-30% of all crashes, leading to around 500,000 injuries and causing an estimated 17,000 fatalities each year. Disturbingly, distractions such as GPS navigation and cell phone usage often serve as catalysts for these accidents.Fort Myers is not immune to this trend. Trouble spots like the intersection at Colonial Boulevard and Ortiz Avenue, infamous for traffic slowdowns during peak hours, have been the scene of numerous rear-end collisions. In these areas, drivers who are either distracted or following too closely often fail to stop in time to avoid a crash. Similarly, the crossroads of Daniels Parkway and Six Mile Cypress Parkway are notorious for these incidents due to high-speed traffic and heavy congestion.
Busy roads that also offer great scenery for residents and tourists like McGregor Boulevard along the river are especially prone to rear-end crashes. An influx of new drivers, frequent stopping, and an increased traffic volume have culminated in a rising number of rear-end collisions.
Contrary to popular belief, rear-end collisions are not always minor, and can lead to substantial injuries, including whiplash, spinal cord injuries, brain trauma, and more. It's important to note that symptoms may not always be immediately visible, sometimes emerging days or weeks after an accident.
Distinctly different from other types of accidents, rear-end collisions typically occur at slower speeds. While airbags and seat belts work to restrict passenger movement during a crash, the abrupt force of impact exerts an unnatural strain on the neck and upper back, especially for those seated up front. This rapid movement can result in injuries to the facet joints, discs between the vertebrae, and in severe instances, even the spinal cord.
For those in the front seats, the neck and upper back are particularly vulnerable. The abrupt back-and-forth jerking motion during the impact can strain muscles and ligaments, cause disc herniation, and even lead to fractures in severe cases.
Serious Injuries From Rear-End Collisions
One of the more common injuries from rear-end collisions, whiplash, involves damage to the soft tissues of the neck and upper back. It results from the rapid whip-like motion of the neck and head during the impact. Despite being a frequent injury, its symptoms - including pain, reduced range of motion, headaches, and dizziness - may not manifest until several days following the accident.
Similarly, injuries to the spine might not be immediately apparent. The force of impact can cause disc herniation - a condition where the inner core of a spinal disc bulges out from its outer layer. While the condition itself might be instant, symptoms such as numbness, pain, or weakness in the arms or legs might not emerge until the herniated disc begins impinging on surrounding nerves.
Traumatic brain injury is another potential, less common, result of rear-end collisions. Despite the brain being cushioned within the skull, the sudden and violent motion during a collision can cause the brain to collide with the inner skull, leading to bruising, bleeding, or even more significant damage. The symptoms can be as mild as a headache and as severe as cognitive or behavioral changes, but they can take days or even weeks to emerge.
Seek Immediate Medical Attention
Given the potential for delayed symptoms, it's crucial to seek medical attention immediately following a rear-end collision, even if you feel fine. Early diagnosis and treatment can significantly improve the prognosis for many of these injuries. Always remember - it's better to be safe than sorry when it comes to potentially hidden injuries in rear-end collisions.
Liability And Shared Negligence From Rear-End Collisions in The Post HB837 Florida Legal Landscape
The no-fault car insurance system of Florida often leads to confusion about who bears the responsibility in the event of a rear-end collision. To clarify, in our state, regardless of who is at fault, your own insurance company is primarily responsible for handling your injury-related claims.
In line with Florida Statute 627.7407, all residents must possess Personal Injury Protection (PIP) insurance. But it's worth noting that PIP only covers approximately 80% of your medical expenses and 60% of lost wages up to a certain limit. The minimum PIP coverage stands at $10,000. So, if your medical expenses surpass $10,000, your insurance coverage may only compensate up to $8,000 (which is 80% of $10,000).
While PIP provides some financial relief post-accident, it might fall short in the face of a major collision's expenses. When this occurs, it becomes essential to take legal steps with the help of a skilled Ft Myers personal injury lawyer, such as those on our team at All Injuries Law Firm, to obtain the compensation you truly deserve.
The fault does not impact your PIP claim immediately after a car accident. However, if you opt to pursue legal recourse, the fault may become a contentious issue. In most rear-end collisions, the rear driver is primarily deemed responsible. However, exceptions do exist, and the defense may contend your shared responsibility. They might argue that factors like distraction, impairment, or fatigue played a part in the accident on your part - and since the passage of House Bill 837, drivers must have less than 50% liability to obtain a settlement. Therefore, it's crucial for your settlement to enlist the services of an experienced lawyer as soon as possible. Attorney Brian O. Sutter and the lawyers at All Injuries Law Firm, will guide you through these complexities and ensure you're not unfairly disadvantaged.
Even if you were partly responsible for the rear-end collision, Florida's 'pure comparative negligence' rule still allows you to claim damages in civil court. But be aware that your compensation may be reduced in line with your percentage of fault. For example, if you're determined to be 30% at fault, your compensation will be reduced by 30%, and you'll receive 70% of the awarded damages. As long as you are found less than 50% at fault, you retain the right to seek compensation.
If you have been injured after being rear-ended, remember you have the right to seek legal advice and financial compensation. Brian O. Sutter and the attorneys at All Injuries Law Firm, we specialize have been helping the people of Fort Myers recover compensation after rear-end collisions and possess 30+ years of experience winning cases for clients across the Suncoast including Fort Myers.
If you or a loved one has found themselves caught up in a rear-end collision in Fort Myers, we invite you to reach out to us for a free consultation. Our commitment is to ensure that you receive the necessary care and compensation you deserve. With our legal team at your side, you can rest assured that you are not alone on this journey to justice. Serving Fort Myers over 30 years, we are here to help you navigate these challenging times.