When Fort Myers drivers act carelessly or recklessly, serious accidents can occur. Wolfson & Leon’s Fort Myers car accident lawyers explain Florida’s driver duty laws, negligence standards, and how insurers like GEICO, Allstate, and Progressive handle these claims.
Driver Duty and Negligence in Fort Myers Car AccidentsEvery driver in Fort Myers has a legal responsibility to operate their vehicle safely and obey traffic laws. When a driver breaches that duty, innocent people can suffer catastrophic injuries.
For more than 60 years, Wolfson & Leon has helped accident victims recover from negligent drivers across Florida. Our Fort Myers car accident lawyers hold careless motorists—and their insurers—accountable for the harm they cause.
Call (239) 777-9954 for your free consultation today. You pay no fees unless we win.
What Is a Driver’s Duty of Care?Under Florida law, drivers must use reasonable care when operating a motor vehicle. This means following all safety rules, being alert, and driving responsibly in all conditions.
A driver’s duty includes:
The rules of the road are set forth in Chapter 316 of the Florida Statutes. Breaking one of these laws—such as running a red light or failing to yield—is strong evidence of negligence in a personal injury case.
What Does It Mean to Be a Negligent Driver?Negligence happens when someone fails to act as a reasonable and prudent driver would in similar circumstances. Their carelessness causes harm to another person or property.
Common Examples of Driver Negligence:Even one reckless decision can cause a devastating accident in Fort Myers.
Reckless Driving and the Emergency DoctrineReckless driving goes beyond ordinary negligence. It involves consciously disregarding the safety of others—such as racing through an intersection or weaving through I-75 traffic.
However, Florida recognizes the emergency doctrine, which lowers the standard of care for drivers suddenly faced with an unexpected emergency. For example, if a child or animal darts into the road, a driver may swerve instinctively. While that maneuver might normally be considered careless, in an emergency it could be deemed reasonable.
How Negligence Is Proven in a Fort Myers Car AccidentProving negligence requires showing that the other driver breached their duty of care and directly caused your injuries.
Evidence may include:
Violating a traffic rule under Chapter 316—such as running a stoplight—is not automatically negligence, but it is convincing supporting evidence in your case.
Florida’s Updated Comparative Negligence Law (2023)As of March 2023, Florida follows a modified comparative negligence system. This reform (HB 837) replaced the older pure model. It was codified in Florida Statute 768.81.
What That Means:For instance, if you were hit on Daniels Parkway and found 20% responsible for speeding, your award would be reduced by 20%. But if you were 60% at fault, you’d be barred from recovery.
Insurance companies frequently inflate your fault percentage to avoid paying full value—so legal representation is critical.
Common Injuries Caused by Negligent DriversNegligent driving often leads to serious or even life-altering injuries, including:
The Fort Myers car accident lawyers at Wolfson & Leon pursue full compensation for your medical expenses, rehabilitation, and lost wages.
Why Legal Representation MattersAfter an accident, insurance companies often work quickly to minimize or deny your claim. Having a skilled lawyer can make the difference between a low settlement and full justice.
Wolfson & Leon’s Fort Myers team will:We operate on a contingency fee basis—you pay no fees unless we win.
Fighting Insurance Companies: GEICO, Allstate, and ProgressiveGEICO Driver Negligence ClaimsGEICO often disputes fault in car accidents, claiming their insured wasn’t primarily responsible. Our attorneys counter these tactics by collecting accident data, dashcam footage, and expert analysis to prove negligence and demand the full policy payout.
Allstate Negligence ClaimsAllstate is known for offering low initial settlements. Wolfson & Leon’s lawyers have decades of experience negotiating and litigating against Allstate, ensuring victims aren’t pressured into undervalued settlements.
Progressive Driver Duty ClaimsProgressive frequently delays or denies claims based on comparative fault arguments. Our firm ensures Progressive complies with Florida’s insurance laws and acts in good faith toward policyholders.
State Farm Personal Injury ClaimsState Farm uses its size to grind claimants into taking less than full value of their claims. They will litigate any claim and go to trial when necessary. If they get a bad verdict that cannot be overturned on appeal, they just pay it at the last available moment and continue to delay, deny and not pay full value on most claims. Wolfson & Leon has a history of more than 60 years of successfully negotiating and litigating cases against State Farm. The size of State Farm and its coffers do not intimidate Wolfson & Leon.
Regardless of which insurer you face, Wolfson & Leon has the knowledge and persistence to fight back and secure the compensation you deserve.
Frequently Asked Questions About Driver Duty and NegligenceIf a negligent or reckless driver injured you or someone you love, the Fort Myers car accident attorneys at Wolfson & Leon are ready to fight for your rights.
Call (239) 777-9954 for your free consultation today. We proudly represent victims throughout Fort Myers, Cape Coral,Lehigh Acres, Estero, and Bonita Springs.