Law Office of Craig GibbsLaw Office of Craig Gibbs2026-11-13T15:10:55Zhttps://www.craiggibbslaw.com/feed/atom/WordPress/wp-content/uploads/sites/1104511/2022/05/cropped-Gibbs-OG-image-32x32.pngOn Behalf of Law Office of Craig Gibbs<![CDATA[Could a blown tire cause a rollover?]]>https://www.craiggibbslaw.com/?p=2528892026-11-04T16:57:12Z2026-11-04T16:57:12ZHaving a blown tire can be a terrifying experience, especially if it happens when someone is traveling on the interstate at a high rate of speed. While any vehicle with a blown tire can be sent careening off the road, the potential for a rollover accident in an SUV, pickup truck or any other vehicle with a high profile is huge.
Tire blowouts are behind roughly 11,000 motor vehicle accidents and more than 500 fatalities in the United States every year, many of them due to rollovers. Even when nobody is killed, the survivors of these wrecks may suffer from devastating injuries that lead to lifelong complications for their future. Determining liability in these kinds of accidents usually means investigating why the tire suddenly failed. Was it defective? Was it poorly maintained? Did the road conditions factor into the wreck? Depending on the answers, more than one party may have responsibility.
What causes a tire blowout?
Tires can fail for several reasons. Common factors include:
Manufacturing defects: Problems with tire materials or construction can cause tread separation or sudden tire failure.
Improper inflation: Underinflated tires can generate excessive heat from friction at high speeds, increasing the risk of failure.
Worn or damaged tires: Aging rubber, worn tread and existing damage to a tire can compromise its structural integrity and lead to blowouts.
Poor maintenance: A driver’s failure to inspect, rotate or replace their vehicle’s tires when needed can increase the chances of a blowout.
Road hazards: Potholes and debris in the road can puncture or otherwise damage tires.
Liability depends on the circumstances surrounding the tire’s failure and the resulting accident. Potentially liable parties can include the tire’s manufacturer for product defects, the vehicle’s owner for failing to maintain their tires, a mechanic or supplier for bad installation of the tire or even a government entity responsible for the road’s conditions. In many cases, liability may be shared by several parties who all contributed in some way to the accident.Digging into the “why” of an accident caused by a blowout is essential because the victims of rollovers can face massive medical bills, a significant loss of income and permanent disabilities. A thorough investigation can often open doors to additional sources of compensation that may be desperately needed to cover someone’s losses. ]]>On Behalf of Law Office of Craig Gibbs<![CDATA[The role of inattentional blindness in car accidents]]>https://www.craiggibbslaw.com/?p=2528832026-10-23T20:20:54Z2026-10-23T20:20:54Zinattentional blindness, and it helps explain why some accidents happen even when drivers aren't texting, talking on their phones or otherwise obviously distracted. The problem isn't necessarily what their eyes can see. It's what their brains process.
What exactly is inattentional blindness?
Humans can't process every piece of information their eyes take in. Instead, their minds prioritize what seems most important at the time.
When drivers concentrate on one thing, such as watching a traffic signal or looking for a gap in traffic, they may simply overlook something unexpected even though it is in their field of vision. This is particularly dangerous for those traveling on foot or two wheels.
In fact, research found that drivers participating in a visual attention experiment were twice as likely to overlook a motorcycle as a taxi, likely because a taxi is bigger, has a high profile and is more common than motorcycles in many areas. Accidents caused by inattentional blindness are common at left-hand turns, intersections, parking lots, during lane changes and more.
Does inattentional blindness excuse a driver's negligence?
While inattentional blindness may help explain why a driver failed to notice someone, it doesn't automatically excuse their actions. Florida motorists are still expected to exercise reasonable care and yield the right of way when required.
Failing to notice someone on the road doesn't generally relieve a driver of responsibility for an accident. In fact, understanding how inattentional blindness works underscores the importance of actively looking for other people on the road, rather than simply glancing around.
When a pedestrian, cyclist or motorcyclist is injured because a driver failed to see them, a skilled personal injury attorney can investigate the accident, determine whether the driver acted negligently and help the injured pursue fair compensation.]]>On Behalf of Law Office of Craig Gibbs<![CDATA[Can a homeowner be liable for trick-or-treaters’ injuries?]]>https://www.craiggibbslaw.com/?p=2528792026-10-08T19:46:04Z2026-10-08T19:46:04ZDoes inviting trick-or-treaters create a legal responsibility?
To a certain extent, yes, flipping on that porch light and opening the door on Halloween is generally considered an invitation for costumed children to come by – and invitees are owed a certain duty of care. Homeowners and property holders are expected to make sure their property is reasonably safe to enter – and to warn them if a dangerous condition isn’t obvious.
The law also recognizes that children don’t appreciate danger the same way that adults do. That’s why property owners have additional responsibilities to keep children safe if they have “an attractive nuisance” (like Halloween decorations) that tends to draw children in.
Some common Halloween hazards include:
Poor lighting: Dark walkways, steps and porches can make it difficult for children (and the adults accompanying them) to see where they are walking.
Tripping hazards: Extension cords on holiday decor, loose decorations that can easily fall into the pathway, uneven pavement and cluttered walkways can cause serious falls.
Unsafe decorations: Some decorations can be top-heavy and tumble over at the slightest touch, while others may be electrical hazards that can cause serious shocks. Some people also still insist on using actual candles in their jack-o-lanterns, and those can cause costumes or decorations to catch fire.
Dangerous stairs or railings: Broken steps and loose handrails can cause injuries, particularly when people are passing each other in a hurry to collect their treats.
Unrestrained dogs: Dogs can get very worked up during Halloween. A normally gentle animal may panic at the sight of children in costumes and bite them or, in their excitement, bite them and knock them over..
These don’t necessarily mean a property owner is negligent – but they may be. The question is whether they failed to take reasonable precautions against a foreseeable danger. A child’s age and ability to even recognize danger can be important, as well.
If your child suffers injuries on Halloween, speaking to an experienced Florida personal injury attorney would be wise.]]>On Behalf of Law Office of Craig Gibbs<![CDATA[Baby on board: What the warning really means]]>https://www.craiggibbslaw.com/?p=2528742026-09-29T20:25:11Z2026-09-29T20:25:11ZEverybody has seen the yellow “Baby on Board” signs hanging in the back windows of family vehicles. They’re generally understood to be a request for other drivers to use a little more caution in deference to the fragile young passengers presumably inside.
Research suggests, however, that there may be another reason for everyone on the road to pay attention. Other drivers may be more at risk than they suspect.
Research says a child in a vehicle can increase the odds of serious accidents
A safety study examined fatal crashes involving adult drivers with and without child passengers. Researchers found that adults carrying children age 15 or younger were significantly more likely to cause a fatal crash than adults without children in the vehicle. Depending on the group studied and type of crash, the estimated risk was roughly four to seven times higher.Why would driving with children increase crash risk? Most parents and caregivers probably become more cautious when children are in the car. They may slow down, buckle up more consistently, avoid drinking and driving and generally take fewer risks.
The problem may be distraction.
Children need things. Babies cry. Toddlers scream when they drop toys. Siblings fight over seat space. Young teens can demand a lot of attention at inopportune moments. A parent who is constantly checking the back seat, reaching back to hand out snacks or pick up toys or who finds themselves arguing with their preteen may not be as focused on the road as they should be. Their mental load may simply be higher, and their attention pulled into too many different directions at once.The study points to previous research showing that distracting interactions between adults and children frequently occur while vehicles are moving. It also notes that drivers carrying children have been found to experience substantially more distraction than drivers without passengers.If a distracted driver causes an accident, the fact that the distraction involves caring for a child does not necessarily eliminate liability. People injured in the crash may still have the right to seek compensation for medical expenses, lost income, pain and suffering and other damages.]]>On Behalf of Law Office of Craig Gibbs<![CDATA[An auto accident could lead to PTSD]]>https://www.craiggibbslaw.com/?p=2528692026-09-14T11:32:45Z2026-09-14T11:32:45ZPost-traumatic stress disorder is certainly possible after a car accident. Not only is that a potentially traumatic event, especially if someone is injured or another person passes away, but it is often unexpected. It happens so suddenly and can feel so jarring that it has a major mental and emotional impact on the person who is involved.
The exact way that this PTSD manifests can be different from case to case. Some people find themselves having flashbacks or nightmares, for example. Others feel nervous to drive or may find it impossible to get in a car. Even if they can ride in a motor vehicle or drive themselves, they may start avoiding the scene of the crash or practicing other similar avoidance behaviors. PTSD is often strongly linked to issues like depression and anxiety.
Can you get PTSD without being injured?
In many cases, the chances of PTSD are higher if there are serious injuries. Naturally, the injuries cause a lot of pain and suffering, and they may lead to significant life changes. A person who is dealing with chronic back pain or spends months in the hospital getting treatment after a car accident could find themselves extremely anxious about driving once they finally get released.But even when there is just a risk of injury, PTSD can happen. One woman was rear-ended while her baby was in the backseat, for example. The baby was ultimately unharmed in the crash, but the woman had a moment of panic thinking that the child had been killed in the accident. This led to the onset of PTSD in the wake of that crash.PTSD can be life-changing, affecting someone’s emotional well-being, earning capacity and medical needs. If you have been involved in a car accident someone else caused, you may deserve financial compensation.]]>On Behalf of Law Office of Craig Gibbs<![CDATA[Can you sue a drunk driver who was not convicted?]]>https://www.craiggibbslaw.com/?p=2528662026-08-28T22:22:03Z2026-08-28T22:22:03ZNone of these events prevents a civil claim
A criminal drunk driving case and a personal injury claim may arise from the same event, but they’re entirely separate legal proceedings. The outcome of one doesn’t necessarily determine the outcome of the other.
Criminal cases have a much higher legal standard of proof than civil claims. Prosecutors generally must prove a criminal charge “beyond a reasonable doubt.” By comparison, a claim of negligence in a civil personal injury case must only be “more likely than not” true to succeed.
While a criminal conviction can be powerful evidence in a related civil case, it’s not necessary to prove a driver was somehow responsible for a crash. It may not even be necessary to prove they were impaired. Instead, evidence that they were speeding, weaving in traffic, ignoring traffic signals and tailgating can all be used to make a case for negligent behavior. Police reports, officer observations, bodycam and dashcam footage and witness statements can all be useful.
Drunk driving cases are dismissed all the time for procedural reasons or dropped for evidentiary issues. That doesn’t put compensation out of reach for your medical expenses, property damage, lost wages, reduced earning capacity, pain and suffering and more. The absence of criminal charges or a failed prosecution does not have to mean that a personal injury claim against a drunk driver will fail.]]>On Behalf of Law Office of Craig Gibbs<![CDATA[What’s a no-contact motorcycle accident?]]>https://www.craiggibbslaw.com/?p=2528622026-08-12T16:19:47Z2026-08-12T16:19:47ZYou do not have to collide with another vehicle to be injured in a motorcycle accident. Another driver can make a maneuver that suddenly puts them directly in your path, leaving you only a split second to react. If you brake hard, swerve or lay down your bike to avoid being hit, you may suffer serious injuries even though the other vehicle never touches you.
This is called a no-contact motorcycle accident. These cases can be more difficult to prove than accidents involving a direct collision, but they are not impossible.
Who can be liable for a no-contact motorcycle accident?
Liability for a no-contact accident generally relies on proving that the other driver was somehow negligent – meaning that they behaved in a way that demonstrated a lack of reasonable care toward other drivers. Liability might be indicated when a driver:
Changed lanes without checking their blind spots
Abruptly turned left in front of your approaching motorcycle
Pulled out of a driveway or parking lot without looking or yielding
Followed your motorcycle too closely (tailgated)
Drifted into your lane because they were distracted by their phone or GPS
Forced you onto the shoulder or entirely off the road by driving too closely
A motorcyclist does not have to wait to be hit before taking evasive action for the other driver to be responsible for a crash. Swerving or braking and laying down the bike to avoid a more serious collision can be a reasonable response to a dangerous situation created by another driver.Even so, proving what happened for the sake of liability can be tough when the vehicles never actually made contact. The other driver may deny being involved in the wreck or claim you overreacted and laid your bike down for no reason. Traffic-camera footage, dashcam video, witness statements, skid marks and nearby surveillance recordings may help establish how the accident occurred, however. A prompt police report and medical evaluation can also provide important documentation that will later help your claim.A no-contact motorcycle crash can leave you facing devastating injuries and months of recovery. Because video recordings can be erased and witnesses can become hard to find, acting quickly can make an important difference in a no-contact motorcycle accident claim. Before you talk to an insurance company, you may want to speak with a skilled attorney, instead. They can best protect your interests and help you take the next steps forward.
]]>On Behalf of Law Office of Craig Gibbs<![CDATA[How Florida treats drunk driving claims differently]]>https://www.craiggibbslaw.com/?p=2528462026-07-28T09:23:01Z2026-07-28T09:23:01Zallows you to seek compensation from the at-fault driver and hold them responsible for their actions.
Your options after being injured
Florida treats drunk driving crashes differently than standard car accidents. State law may even hold bars and restaurants responsible under specific legal and liability rules. This is applicable if they willfully serve alcohol to minors or knowingly serve someone with drinking problems. The intoxicated driver’s actions can affect the legal options available to you after a collision.
When seeking compensation, keep these key options in mind:
Eligibility for punitive damages: If you suffer injuries in an impaired driving crash, you may request punitive damages. A court may order the drunk driver to pay these extra damages because of their recklessness.
Compensation beyond Personal Injury Protection (PIP) benefits: If you suffer serious injuries, you may pursue damages beyond what your basic insurance covers. You can recover compensation for remaining medical bills, future healthcare costs and lost wages.
Separate civil claims: Filing criminal charges against an intoxicated driver is different from filing a civil claim. You can still file a separate civil claim to seek payment for your injuries and losses.
To support your accident claim, you should collect evidence such as police reports, witness statements, photographs from the scene and medical records. You may need to file an insurance claim through Florida’s no-fault system. You can file a claim against the negligent driver’s insurance if you suffer serious injuries in the crash.
Protecting your rights
Every driver on the road must drive safely. Driving under the influence violates this responsibility and puts you and others at risk. You shouldn’t have to pay for another driver’s careless actions. Fortunately, Florida law makes it possible for you to hold the at-fault driver accountable and receive compensation for your losses from the crash.]]>On Behalf of Law Office of Craig Gibbs<![CDATA[Was the driver who hit you taking medication?]]>https://www.craiggibbslaw.com/?p=2528442026-07-19T16:28:01Z2026-07-19T16:28:01ZWhen people think about impaired driving, alcohol often comes to mind first. However, prescription medications, over-the-counter drugs and even certain supplements can affect a driver's ability to operate a vehicle safely as well.
If you have recently been injured in a Florida car accident, it is going to be important to question whether the driver who hit you was taking medication that impaired their judgment, reaction time or ability to focus on the road. If there is a possibility that they were impaired at the time of the collision, that may affect the strength of your case against them in your favor.
Not all medications are safe for motorists
Many medications carry warnings about drowsiness, dizziness, blurred vision or delayed reaction times. Prescription pain medications, sleep aids, anti-anxiety medications and muscle relaxers are common examples. Even medications that are legally prescribed can create dangerous driving conditions if an individual fails to follow instructions or ignores warnings about operating a vehicle while affected by a particular drug.Over-the-counter products can present risks as well. Certain cold medications, antihistamines and cough suppressants may affect alertness or coordination. Some drivers underestimate the impact these products can have, particularly when combined with other medications or alcohol.In Florida, a driver does not have to be under the influence of illegal drugs or alcohol to be considered impaired. If prescription or nonprescription medications affect a driver's ability to safely operate a vehicle, that evidence may become relevant in a personal injury claim.If you suspect the driver who caused your Florida accident was impaired by medication, it is important to act quickly. A skilled legal team can investigate the circumstances, preserve relevant evidence and work to secure any compensation to which you are rightfully entitled.]]>On Behalf of Law Office of Craig Gibbs<![CDATA[Who pays for the costs of an e-bike collision?]]>https://www.craiggibbslaw.com/?p=2528422026-07-03T12:09:46Z2026-07-03T12:09:46ZFinancial liability depends on fault
The party at fault for the crash is typically responsible for the costs it produces. E-bike riders who are at fault for collisions may need to compensate pedestrians, cyclists and other people who sustain injuries or property damage losses because they are irresponsible in traffic.
While some people do purchase e-bike insurance, many e-bike operators may not have liability coverage, as the law does not require it. In cases where e-bike riders are at fault for crashes but there is no available insurance, injured people may file lawsuits against unsafe riders.
When a larger vehicle causes an e-bike collision, then the driver at fault for the crash may need to pay collision costs. A driver's liability insurance coverage can help pay for some of the costs.
If the e-bike rider also has a car insurance policy, they may be able to use their personal injury protection (PIP) coverage for some of their medical expenses. The terms of the policy dictate if coverage applies to motorized bicycle crashes or not.
Lawsuits and complex insurance claims are common after e-bike crashes. Reviewing policy paperwork and crash reports with a personal injury attorney can help those involved in e-bike collisions understand their options.]]>