Car Accident Lawyer Bonita Springs, FL

August 14, 2024 | Attorney, Matthew Dolman

In a state full of beautiful beaches and breathtaking scenery, Bonita Springs earns its reputation as the Gateway to the Gulf, with many outdoor activities for people of all ages and a welcoming community. Unfortunately, this area has a high rate of motor vehicle accidents, logging more than 15,000 annually. These accidents often involve serious injuries that cause major physical, economic, and psychological damage. The Bonita Springs Car Accident Lawyers at Dolman Law Group are proud to fight for car accident victims every day.

If you are injured in a car accident in Bonita Springs, Florida’s no-fault car insurance law requires you to have a personal injury protection policy (PIP coverage) to pay for the medical expenses and wage loss associated with your injury. However, after a serious car crash caused by another driver, PIP coverage is often too limited to pay for extensive losses.

If someone else's negligence caused a vehicle crash, and you were seriously injured, you can seek compensation from the at-fault driver by filing a claim against their liability insurance policy. If the at-fault driver's insurance provider fails to compensate your claim, you can file a car accident lawsuit for the court to decide your compensation.

Insurance and legal claims can be complex, requiring extensive legal and financial knowledge. An experienced Bonita Springs car accident attorney from Dolman Law Group Accident Injury Lawyers, PA, can help you navigate these claims processes. Contact us for a free consultation and case evaluation to learn more about your options and our legal team’s excellent services.

Common Causes of Car Accidents in Bonita Springs

Bonita Springs Car Accident Lawyer

According to the Department of Florida Highway Safety and Motor Vehicles (FHSMV), accidents injure more than 8,700 people annually on Bonita Springs and Lee County area roads. Intersections are usually the most common area for these accidents.

Some of the most dangerous intersections in Bonita Springs include:

  • Corkscrew Road and Three Oaks Parkway. Corkscrew Road has long been a hot spot for traffic accidents in the city due to the high traffic volume. While authorities are working to widen the road and place a divider between the directional travel lanes, it remains a risky area.
  • Corkscrew Road and the I-75 Exit 123 northbound ramp. Gridlock is common in southwest Florida, particularly on I-75, which sees heavy traffic flows of tourists, commuters, and tractor-trailers.
  • Bonita Beach Road and U.S. 41. This is another area that commonly sees congestion and accidents. Commuters and beachgoers frequent this roadway, causing a high volume that is too heavy for the number of travel lanes.

Traffic volume is a major contributor to accidents in Bonita Springs, as concentrated vehicles often create a higher likelihood that a driving error will result in a collision.

Types of Negligence That Lead to Bonita Springs Auto Accidents

Here are some errors that drivers make in Bonita Springs that lead to accidents.

Speeding

Speeding refers to driving faster than the posted speed limit and to driving too fast for roadway conditions.

Speeding poses many hazards, including:

  • Difficulty maintaining control of the vehicle.
  • Less time for the driver to see and respond to a hazard.
  • The increased distance needed to stop completely after braking.
  • Difficulty for other drivers to determine a safe gap in traffic to pull into a travel lane.
  • Increased crash severity due to the added force of a collision caused by excess speed.

Distracted Driving

Distracted driving is a major issue in Southwest Florida, resulting in nearly 2,000 car accidents in one recent year in the Bonita Springs area—far greater than the number of accidents caused by alcohol impairment.

There are three types of driver distractions:

  • Manual distractions cause the driver to take their hands out of the proper position on the steering wheel. Some examples include eating, smoking, or adjusting stereo or vehicle controls.
  • Visual distractions cause the driver to stop watching the roadway. They can occur when the driver watches the scenery, other vehicles, or people. This type of distraction can also happen when people tend to children or pets in the backseat or attempt to retrieve a dropped item in the car while driving.
  • Cognitive distractions cause the driver’s thoughts to stray from the task of driving safely. Cognitive distractions include listening to music, daydreaming, or talking on the phone or to other occupants in the vehicle.

Among the many forms of distracted driving, texting is the most significant. Traffic safety experts are particularly concerned about texting (and other smartphone use, such as emailing or browsing social media) because it causes all three types of driver distractions at once.

Florida passed a law that makes texting and driving a primary offense. This means passengers can be pulled over by the police and cited if they are texting and driving in school zones or construction zones, even if they committed no other driving infractions.

Alcohol Impairment

Last year, 250 accidents occurred on Bonita Springs-area roads due to alcohol-impaired drivers. From those crashes, 159 people were injured, and 16 people died.

Alcohol impairment impacts many driving skills necessary to safely operate a vehicle, including performing more than one task at a time, braking and steering effectively, roadway surveillance and signal detection, maintaining lane position, and making good driving decisions. Alcohol impairment can lead to nearly any type of car accident and is commonly a factor in head-on collisions due to wrong-way driving.

Tailgating

Tailgating refers to following another vehicle too closely. If the vehicle in front of them suddenly slows or stops, the following car does not have enough space to stop and avoid an accident.

Tailgating is the most common cause of rear-end accidents. While rear-end accidents are not generally as lethal as other types of accidents, they injure thousands of people and kill hundreds of motorists each year due to tailgating drivers.

Inexperienced Drivers

More than 1,500 students attend high school in Bonita Springs, many of whom have already received driver's licenses. Each year in Florida, hundreds of teen drivers are involved in severe accidents. In fact, according to statistics compiled by AAA Exchange, teen drivers are three times more likely to die in a crash than drivers 20 or older.

Some of the risks posed to young and inexperienced drivers include:

  • Dangerous distractions and lapses in judgment when driving with friends in the vehicle.
  • Lack of experience in low visibility conditions and fatigue when driving at night.
  • Lack of awareness of certain defensive driving techniques to avoid collisions.

Failure to Yield the Right-of-Way

All roadway users—from pedestrians to commercial truck drivers—must yield the right-of-way to others at certain times, particularly at red lights and stop signs. Falling to do so often results in a particularly dangerous crash in an intersection, known as a broadside accident or a T-bone collision.

Fatigued Driving

Driver fatigue is commonly associated with long-haul truck drivers and shift workers operating a vehicle during the late night hours. Driver fatigue is common in hours of darkness due to the biological circadian rhythm, which is the body's tendency to crave sleep during night hours. However, any driver can experience fatigue at any time. Life changes, difficulty sleeping, or even medical conditions or medications can leave an individual feeling unrested even after a full night's sleep.

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Common Auto Collision Injuries Our Bonita Springs Car Accident Lawyers Handle

Being seriously injured in a car accident can affect all facets of your life, including:

  • Your ability to work. Car accidents represent a significant loss of productivity in Bonita Springs, as even seemingly minor injuries can result in lost wages and benefits. Many individuals sustain permanent injuries in car accidents, affecting their ability to earn an income.
  • Finances. Being too injured to work will hurt your financial status. Unfortunately, car accident injuries are extraordinarily expensive. Florida has the highest average cost in the nation for an emergency room visit, at $3,394. Hospital fees can result in thousands of dollars a day, and medication, surgery, physical therapy, and other costs associated with treatment can result in extreme debt.
  • Relationships. Sustaining a severe injury sometimes renders an individual unable to help at home or participate in the activities they enjoyed before the accident. Injured parents cannot always care for their children, provide the companionship and consortium their spouses need, and must rely on those closest to them to perform caregiving tasks.

A Skilled Bonita Springs Car Accident Lawyer Can Fight For the Compensation You Deserve

Bonita Springs Car Accident Attorney

Florida's personal injury claims process generally begins by hiring an experienced Bonita Springs car accident attorney to assist you with your claim. Lawyers offer the skill and legal understanding that is crucial to your ability to receive fair compensation. The legal team at Dolman Law Group can thoroughly investigate your accident to determine who was liable and what insurance resources are available to compensate you for your losses.

Once you reach maximum medical improvement—meaning your injury has stabilized, and additional recovery is unlikely—your lawyer can establish a claim value. Then, our dedicated legal team will file an injury claim with the at-fault party’s insurance provider. Upon receiving the claim, the provider will assign it to a claims adjuster. The claims adjuster is an employee or contractor for the insurance company who will work to protect their bottom line by looking for ways to reduce your claim’s value.

Once the claims adjuster has evaluated your claim, they have three options:

  • Approve the claim as submitted and begin processing the payment
  • Deny the claim and provide a written explanation of their denial
  • Offer to settle the claim out of court for less than its established value

If the adjuster offers a settlement, their initial offer is usually far below the claim's value. While this tactic is clearly disappointing, your attorney can negotiate with the adjuster to increase their offer.

If the insurance provider fails to offer a fair settlement of your claim, we can discuss your right to file a personal injury lawsuit. Settlement negotiations can continue during litigation and up through trial as long as the court or a jury has not yet decided the outcome.

Frequently Asked Questions About Bonita Springs Car Accidents

Bonita Springs Car Accident Claim

After a Bonita Springs car accident, you likely have questions about the personal injury claims process and your ability to seek compensation. For answers to questions about your specific case, reach out for a free case evaluation with an experienced attorney at Dolman Law Group today.

In the meantime, here are some answers to general questions about the car accident claims process.

Do I have to file a claim against my PIP policy after a car accident?

Car accident victims in Florida have three methods for receiving payment for the expenses and losses related to their injuries. You can file a claim against your own PIP policy, bring a claim against the at-fault party’s liability insurance policy, and file a personal injury lawsuit if the at-fault party’s insurance provider refuses to offer fair compensation.

Florida’s no-fault car insurance law requires all drivers registering their vehicles in the state to purchase a personal injury protection (PIP) policy of at least $10,000. This policy provides immediate coverage of up to 80 percent of medical expenses and 60 percent of wage loss (up to the policy’s limit) for those injured in an accident, regardless of fault. Only those whose injuries satisfy the state’s serious injury threshold or who have exceeded the limit of their PIP policy can seek compensation from another party through the personal injury claims process.

What is Florida’s serious injury threshold, and how does it affect my claim?

Serious injuries typically result in more costly expenses and psychological effects. Because of this, Florida has a serious injury threshold that determines if a claimant can bypass the PIP claims process and file a personal injury claim instead.

Florida’s serious injury threshold includes injuries that result in:

  • A significant and permanent loss of bodily function.
  • A permanent injury, to a reasonable degree of medical probability.
  • Significant and permanent scarring and disfigurement.
  • Death.

If I was partially at fault for the accident that caused my injury, can I still receive compensation?

Speak with an experienced Bonita Springs car accident lawyer to understand your unique circumstances. Individuals often believe they were partially responsible for an accident when they weren’t. Additionally, even claimants who bear some responsibility for the accident can still seek compensation from other at-fault parties. Having a free case evaluation with an attorney gives you a no-obligation opportunity to discuss your accident and obtain answers to the questions you have about your eligibility to file a claim.

How long do I have to file a Bonita Springs car accident lawsuit?

Florida has a statute of limitations for personal injury lawsuits. This law is a legal deadline for the right to file a lawsuit seeking compensation for the expenses and losses related to your injury. In most cases, car accident claimants in Bonita Springs have two years from the accident to file a Bonita Springs personal injury lawsuit. Filing the lawsuit after this date passes usually results in the court dismissing the case.

There are some scenarios, however, when the statute of limitations pauses. For instance, when the injured individual is incapacitated and unable to file a claim. Another scenario is when the claimant is a minor. Minors cannot file claims on their own, so either their parents must file the claim within the two-year statute of limitations, or the victim will have two years from their 18th birthday to file the lawsuit on their own behalf.

Most car accident claims in Bonita Springs are resolved through a negotiated settlement, not a lawsuit. You may, therefore, wonder why the statute of limitations is so important. Filing a lawsuit within the statute of limitations preserves your leverage for compensation because it provides a legal consequence for insurance companies that refuse to offer fair compensation. By removing this legal consequence, the insurance company has little reason to negotiate.

My partner died in a car accident in Bonita Springs. Is there compensation available for me?

Yes. Florida’s wrongful death claims process allows loved ones to obtain compensation for the damages caused by their loved one’s death. In this case, a named or appointed executor or administrator of your partner’s estate would file the claim to benefit you and other close family members, including any children, grandchildren, or other relatives who were financially dependent on the person who died.

Through the wrongful death claims process, family members can seek compensation for the financial costs of their loss, such as the loss of their loved one's support and services, the value of the earnings the deceased would have provided to their family, and expenses including final medical costs, funeral services, and burial or cremation that you, other family members, or the estate paid.

Claimants can also seek compensation for the psychological effects of their loved one's unexpected passing, including loss of companionship and protection, loss of parental instruction and guidance, and mental distress suffered by all family members.

Can I file a claim on my own?

Sometimes, the thought of hiring an attorney causes some people to pause. While the Dolman legal team understands common concerns about affordability, we want to assure you that the method we use to bill for our services ensures that anyone who needs our assistance has access.

Our contingent fee billing method means you are not obligated to pay legal fees until we successfully resolve your claim. With no up-front expenses or fees, you can partner with Dolman Law Group and protect your legal rights from the beginning without financial concerns.

Here is how it works:

  • When you hire an auto accident attorney at Dolman Law Group to assist you with your claim, you will sign a contingent fee agreement. This documentation outlines the services we will provide and designates a percentage of the award as payment for our services. If you don't receive compensation through a negotiated settlement or as the result of a court decision, you don't pay attorney's fees.
  • Work can begin immediately on the claim because our legal team doesn’t wait for a retainer. Also, work can continue without worry about whether you can keep up with hourly billing. In fact, you aren’t billed at all while we work on your case.
  • After the claim, the settlement or award proceeds go directly to your attorney. As your attorney, we will deposit the funds in a trust account. We will deduct the amounts needed to satisfy any medical liens placed on the award. We will also deduct the agreed-upon percentage of the funds for our payment.
  • We will meet with you to finalize the case and provide you with a complete accounting of our services, the funds received on your behalf, and all deductions made. Finally, we will turn the remainder of the compensation over to you.

Throughout this complicated process of negotiation and litigation, there are many reasons why having an attorney is crucial. First, all insurance companies have teams of very experienced legal counsel who understand the legal process and how to evaluate a claim in their favor. Insurers protect their bottom line by maximizing profits and paying as little as possible for insurance claims. If you don't have an attorney on your side, you are at an immediate disadvantage because you won't understand the complex process and how insurance companies work.

Insurance companies make their money by collecting premiums from their policyholders and by avoiding payouts on claims. They hire claims adjusters to evaluate the claims and determine liability and compensation through the lens of protecting the company’s bottom line.

Claims adjusters are not legally required to be overly truthful about how they deal with claimants and are notorious for taking advantage of those who do not have an experienced attorney. They commonly offer ridiculously low settlements for car accident claimants, along with the statement that it is their final offer and the claimant must agree to it, or they will miss out on compensation completely.

Tenacious car accident lawyers, like the team at Dolman Law Group, can fight for your right to maximum compensation using evidence and legal arguments to overcome insurance adjusters' tactics and games.

If you have not had your case evaluated by an attorney who understands the type of compensation you will need in the future, an initial settlement offer may seem like a lot of money. Months or years later, however, you might discover that you should have asked for more because your injuries have affected your ability to work and permanently altered your life in ways you didn't expect. However, when you accept a settlement, you must sign a legal agreement that bars you from bringing any additional legal action for that accident. This means you can't ask for additional compensation after accepting a settlement.

What services do the car accident attorneys at Dolman Law Group offer after a Bonita Springs collision?

Partnering with an experienced attorney at Dolman Law Group gives you access to decades of skill and a vast understanding of the law. Our legal team will do the legal legwork—including gathering documentation and evidence to justify your claim’s value and prove liability—while you focus on your recovery.

Our dedicated car accident attorneys in Bonita Springs can:

  • Determine liability and insurance resources. In some car accidents, there can be several liable parties. While this makes a claim more complex, it also provides more insurance pools to access to pay the maximum compensation possible.
  • Value your claim based not only on your out-of-pocket expenses but other factors, such as your lost earning capacity and the effects on your quality of life.
  • Gather the best evidence available to prove your claim.
  • Manage your claim deadlines to protect your right to seek compensation for your injuries by filing a lawsuit within the statute of limitations.
  • Represent you at all court appearances, legal motion hearings, and pretrial procedures.
  • Negotiate a settlement throughout the process.
  • Litigate your case at trial, including jury selection, opening statements, witness examinations, presentation of evidence, closing arguments, and all other trial procedures.
  • Explain your rights if the defendant appeals the court’s decision.
  • Collect the compensation you are awarded and satisfy any medical liens placed on the settlement or award.

Why are the Bonita Springs car accident lawyers at Dolman Law Group a good fit for my claim?

Personal Injury Lawyer
Matt Dolman, Bonita Springs Car Accident Attorney

For attorney Matthew A. Dolman, founder of Dolman Law Group Accident Injury Lawyer, PA, assisting those injured due to someone else’s negligence is personal. When he was a teen, his father was seriously injured in an accident, and he received lackluster representation from a lawyer who lacked confidence. Ultimately, this led to an insufficient award and Matt's growing desire to support accident victims seeking compensation.

Attorney Dolman has received numerous awards and recognition for his service and for building a firm that assists injured people across both Florida coasts and other locations throughout the U.S. The Dolman legal team gets results and aggressively advocates for their clients to obtain the maximum compensation available, even if it means going to court.

Contact Our Bonita Springs Car Accident Lawyers Today

Let our experienced car accident lawyers in Bonita Springs explain how we can assist you with your claim during a free consultation and case evaluation. We are conveniently located on Bonita Beach Road, or you can contact us online or call us at (239) 307-2634. We are here 24/7 to answer your questions and help you find peace of mind after a life-changing car accident. Reach out today.

 

Matthew Dolman

Personal Injury Lawyer

This article was written and reviewed by Matthew Dolman. Matt has been a practicing civil trial, personal injury, products liability, and mass tort lawyer since 2004. He has successfully fought for more than 11,000 injured clients and acted as lead counsel in more than 1,000 lawsuits. Always on the cutting edge of personal injury law, Matt is actively engaged in complex legal matters, including Suboxone, AFFF, and Ozempic lawsuits.  Matt is a lifetime member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum for resolving individual cases in excess of $1 million and $2 million, respectively. He has also been selected by his colleagues as a Florida Superlawyer and as a member of Florida’s Legal Elite on multiple occasions. Further, Matt has been quoted in the media numerous times and is a sought-after speaker on a variety of legal issues and topics.

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