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    <title type="text">Law Office of Craig Gibbs</title>
    <subtitle type="text">Law Office of Craig Gibbs</subtitle>

    <updated>2026-07-19T16:28:01Z</updated>

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        <entry>
            <author>
									                    <name>On Behalf of Law Office of Craig Gibbs</name>
				            </author>
            <title type="html"><![CDATA[Was the driver who hit you taking medication?]]></title>
            <link rel="alternate" type="text/html" href="https://www.craiggibbslaw.com/blog/2026/07/was-the-driver-who-hit-you-taking-medication/" />
            <id>https://www.craiggibbslaw.com/?p=252844</id>
            <updated>2026-07-19T16:28:01Z</updated>
            <published>2026-07-19T16:28:01Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[When 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…]]></summary>
			                <content type="html" xml:base="https://www.craiggibbslaw.com/blog/2026/07/was-the-driver-who-hit-you-taking-medication/"><![CDATA[<span style="font-weight: 400">When 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. </span>

<span style="font-weight: 400">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 </span><a href="https://www.fda.gov/consumers/consumer-updates/some-medicines-and-driving-dont-mix" target="_blank" rel="noopener external noreferrer" data-wpel-link="external"><span style="font-weight: 400">taking medication that impaired their judgment</span></a><span style="font-weight: 400">, 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.</span>
<h2><span style="font-weight: 400">Not all medications are safe for motorists </span></h2>
<span style="font-weight: 400">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.</span>

<span style="font-weight: 400">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.</span>

<span style="font-weight: 400">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.</span>

<span style="font-weight: 400">If you suspect the driver who caused your Florida accident was impaired by medication, it is important to act quickly. A </span><a href="/auto-accidents/" target="_blank" rel="noopener" data-wpel-link="internal"><span style="font-weight: 400">skilled legal team</span></a><span style="font-weight: 400"> can investigate the circumstances, preserve relevant evidence and work to secure any compensation to which you are rightfully entitled.</span>]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Law Office of Craig Gibbs</name>
				            </author>
            <title type="html"><![CDATA[Who pays for the costs of an e-bike collision?]]></title>
            <link rel="alternate" type="text/html" href="https://www.craiggibbslaw.com/blog/2026/07/who-pays-for-the-costs-of-an-e-bike-collision/" />
            <id>https://www.craiggibbslaw.com/?p=252842</id>
            <updated>2026-07-03T12:09:46Z</updated>
            <published>2026-07-03T12:09:46Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Electric bikes, or e-bikes, are increasingly common sources of transportation. People may use e-bikes to commute to work or to get around town while visiting for work or vacation purposes. E-bikes are fun and fuel-efficient, but they are also somewhat dangerous. E-bike riders can sustain serious injuries in crashes involving motor vehicles. E-bikes also create a risk for pedestrians and…]]></summary>
			                <content type="html" xml:base="https://www.craiggibbslaw.com/blog/2026/07/who-pays-for-the-costs-of-an-e-bike-collision/"><![CDATA[Electric bikes, or e-bikes, are increasingly common sources of transportation. People may use e-bikes to commute to work or to get around town while visiting for work or vacation purposes.

E-bikes are fun and fuel-efficient, but they are also somewhat dangerous. E-bike riders can sustain serious injuries in crashes involving motor vehicles. E-bikes also create a risk for pedestrians and cyclists on the road.

How do people cover the costs of an e-bike collision after one occurs?
<h2>Financial liability depends on fault</h2>
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 <a href="https://www.allstate.com/resources/motorcycle-insurance/ebike-insurance" target="_blank" rel="noopener external noreferrer" data-wpel-link="external">purchase e-bike insurance</a>, 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 <a href="https://www.craiggibbslaw.com/auto-accidents/" target="_blank" rel="noopener" data-wpel-link="internal">crash reports</a> with a personal injury attorney can help those involved in e-bike collisions understand their options.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Law Office of Craig Gibbs</name>
				            </author>
            <title type="html"><![CDATA[Drunk drivers are primarily responsible for wrong-way accidents]]></title>
            <link rel="alternate" type="text/html" href="https://www.craiggibbslaw.com/blog/2026/06/drunk-drivers-are-primarily-responsible-for-wrong-way-accidents/" />
            <id>https://www.craiggibbslaw.com/?p=252808</id>
            <updated>2026-06-21T12:01:31Z</updated>
            <published>2026-06-21T12:01:31Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Most wrong-way accidents are caused by drunk drivers. Studies have found that driver impairment is one of the primary reasons these accidents have become more common in recent years. This is not to say that either wrong-way driving or impaired driving is necessarily new, but simply that statistics show there is a strong correlation between the two. This does help…]]></summary>
			                <content type="html" xml:base="https://www.craiggibbslaw.com/blog/2026/06/drunk-drivers-are-primarily-responsible-for-wrong-way-accidents/"><![CDATA[<span style="font-weight: 400">Most wrong-way accidents are caused by drunk drivers. Studies have found that driver impairment is one of the primary reasons these accidents have become more common in recent years. This is not to say that either wrong-way driving or impaired driving is necessarily new, but simply that </span><a href="https://www.forbes.com/sites/tanyamohn/2021/03/24/wrong-way-driving-crashes---and-deaths---spike-alcohol-main-cause/?sh=76e06b186ce6" target="_blank" rel="noopener external noreferrer" data-wpel-link="external"><span style="font-weight: 400">statistics show</span></a><span style="font-weight: 400"> there is a strong correlation between the two.</span>

<span style="font-weight: 400">This does help explain how wrong-way accidents happen, as they otherwise often seem very avoidable. A sober driver in the middle of the day is highly unlikely to take the wrong ramp, pass multiple wrong-way signs and drive the wrong direction on the interstate. But an impaired driver at two in the morning is far more likely to do so simply because alcohol clouds their judgment, and visibility issues can make it more difficult to tell which direction they are supposed to be driving.</span>
<h2><span style="font-weight: 400">A risk for everyone</span></h2>
<span style="font-weight: 400">But a key thing to remember about these wrong-way accidents is that they are not just a risk for the impaired driver. Anyone who shares the road with them is also in danger, and wrong-way accidents are often head-on collisions that carry a statistically high chance of causing serious or fatal injuries.</span>

<span style="font-weight: 400">It is important for drivers to understand the risks they face and always be on the lookout for wrong-way drivers. But these accidents happen quickly, and there may be little warning. Even an attentive and sober driver could certainly be involved in a high-speed crash caused by someone who is under the influence.</span>

<span style="font-weight: 400">When this happens, drivers who have suffered serious injuries need to know how they can seek </span><a href="/auto-accidents/" target="_blank" rel="noopener" data-wpel-link="internal"><span style="font-weight: 400">financial compensation</span></a><span style="font-weight: 400"> for pain and suffering, medical expenses, lost wages and other damages.</span>]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Law Office of Craig Gibbs</name>
				            </author>
            <title type="html"><![CDATA[How SUV design can increase the risk of rollovers]]></title>
            <link rel="alternate" type="text/html" href="https://www.craiggibbslaw.com/blog/2026/06/how-suv-design-can-increase-the-risk-of-rollovers/" />
            <id>https://www.craiggibbslaw.com/?p=252805</id>
            <updated>2026-06-10T20:39:49Z</updated>
            <published>2026-06-10T20:39:49Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[SUVs are popular because they feel roomy, strong and safe. They often sit higher than cars, giving you a better view of the road and more space for passengers or cargo.  That same design can also create rollover risks. A rollover happens when a vehicle tips onto its side or roof, often during a sharp turn, a sudden swerve, or…]]></summary>
			                <content type="html" xml:base="https://www.craiggibbslaw.com/blog/2026/06/how-suv-design-can-increase-the-risk-of-rollovers/"><![CDATA[<span style="font-weight: 400">SUVs are popular because they feel roomy, strong and safe. They often sit higher than cars, giving you a better view of the road and more space for passengers or cargo. </span>

<span style="font-weight: 400">That same design can also create rollover risks. A rollover happens when a vehicle tips onto its side or roof, often during a sharp turn, a sudden swerve, or a crash. </span>
<h2><span style="font-weight: 400">The hidden risks built into the shape</span></h2>
<span style="font-weight: 400">An </span><a href="https://www.dsf.my/2026/02/why-are-suvs-turning-turtle-and-what-should-owners-do/" target="_blank" rel="noopener external noreferrer" data-wpel-link="external"><span style="font-weight: 400">SUV’s design</span></a><span style="font-weight: 400"> can affect how it moves in an emergency. While not every SUV is unsafe, certain features may make a rollover more likely. These design factors can increase the risk:</span>
<ul>
 	<li style="font-weight: 400"><span style="font-weight: 400">Higher center of gravity: SUVs sit higher off the ground, so their weight is raised. This can make the vehicle less stable during quick turns.</span></li>
 	<li style="font-weight: 400"><span style="font-weight: 400">Narrower track width: If the wheels are closer together compared to the vehicle’s height, the SUV may tip more easily.</span></li>
 	<li style="font-weight: 400"><span style="font-weight: 400">Heavy roof loads: Cargo racks, luggage or equipment on top can raise the center of gravity even more.</span></li>
 	<li style="font-weight: 400"><span style="font-weight: 400">Soft suspension: A softer ride may feel comfortable, but it can allow more body roll during fast steering moves.</span></li>
 	<li style="font-weight: 400"><span style="font-weight: 400">Large size and weight: A heavier SUV can be harder to control once it starts to slide, spin, or lean.</span></li>
 	<li style="font-weight: 400"><span style="font-weight: 400">Tire and handling issues: Poor tire grip, worn tires or weak stability systems can make sudden movements more dangerous.</span></li>
</ul>
<span style="font-weight: 400">These risks can worsen when a driver is speeding, overcorrecting, driving on a rural road or trying to avoid another vehicle. Even a careful driver may lose control if the SUV reacts poorly during a sudden hazard.</span>

<span style="font-weight: 400">If you were hurt in an SUV rollover, the design of the vehicle may be one part of the story. It can help to speak with a </span><a href="/auto-accidents/" target="_blank" rel="noopener" data-wpel-link="internal"><span style="font-weight: 400">legal professional</span></a><span style="font-weight: 400"> who can carefully review the crash, the vehicle and the facts. </span>]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Law Office of Craig Gibbs</name>
				            </author>
            <title type="html"><![CDATA[Your rights if you’re injured on the water this tourist season]]></title>
            <link rel="alternate" type="text/html" href="https://www.craiggibbslaw.com/blog/2026/05/your-rights-if-youre-injured-on-the-water-this-tourist-season/" />
            <id>https://www.craiggibbslaw.com/?p=252803</id>
            <updated>2026-05-26T14:04:39Z</updated>
            <published>2026-05-26T14:04:39Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Boating accidents can happen for many reasons. Operator inexperience, intoxicated boating, excessive speed, equipment failures and distracted navigation are all common causes of collisions and injuries. Tourists may also be unfamiliar with local waterways, weather conditions or boating regulations, increasing accident risks during busy travel seasons. Florida’s warm weather and beautiful waterways attract millions of tourists each year. And boating,…]]></summary>
			                <content type="html" xml:base="https://www.craiggibbslaw.com/blog/2026/05/your-rights-if-youre-injured-on-the-water-this-tourist-season/"><![CDATA[<span style="font-weight: 400">Boating accidents can </span><a href="https://www.boat-ed.com/canada/studyGuide/Causes-of-Accidents-and-Fatalities/10119902_114103/" target="_blank" rel="noopener external noreferrer" data-wpel-link="external"><span style="font-weight: 400">happen for many reasons</span></a><span style="font-weight: 400">. Operator inexperience, intoxicated boating, excessive speed, equipment failures and distracted navigation are all common causes of collisions and injuries. Tourists may also be unfamiliar with local waterways, weather conditions or boating regulations, increasing accident risks during busy travel seasons.</span>

<span style="font-weight: 400">Florida’s warm weather and beautiful waterways attract millions of tourists each year. And boating, jet skiing, fishing charters and other recreational water activities are especially popular during tourist season. Unfortunately, increased traffic on the water also leads to a higher risk of boating accidents and serious injuries. If you are injured on the water in Florida, understanding your legal rights may be extremely important to the outcome of that unfortunate situation. </span>
<h2><span style="font-weight: 400">Injury victims are often empowered by law to take action </span></h2>
<span style="font-weight: 400">Florida law generally allows injured boating accident victims to pursue compensation when another party’s negligence contributed to the incident. Depending on the circumstances, claims may involve boat operators, rental companies, tour operators, marinas or vessel owners. For example, a rental company that fails to maintain watercraft properly or allows inexperienced operators onto the water without adequate instruction may face potential liability. Boat manufacturers may also be responsible for certain harmful situations. </span>

<span style="font-weight: 400">Reporting the incident to law enforcement or the Florida Fish and Wildlife Conservation Commission may be wise, depending on the severity of the accident at issue. Documenting photographs, witness information and documentation of any vessel involved – if at all possible – is also going to be important, as these points of reference can serve as valuable evidence later.</span>

<span style="font-weight: 400">If you are injured on the water during Florida’s tourist season, understanding your legal rights early may help protect both your recovery and your financial future. Know that you can always </span><a href="/personal-injury/" target="_blank" rel="noopener" data-wpel-link="internal"><span style="font-weight: 400">seek personalized legal guidance</span></a><span style="font-weight: 400"> so that you can exercise your rights as effectively as possible in the event of injury. </span>]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Law Office of Craig Gibbs</name>
				            </author>
            <title type="html"><![CDATA[Can victims sue a drunk driver even after criminal charges are filed?]]></title>
            <link rel="alternate" type="text/html" href="https://www.craiggibbslaw.com/blog/2026/05/can-victims-sue-a-drunk-driver-even-after-criminal-charges-are-filed/" />
            <id>https://www.craiggibbslaw.com/?p=252789</id>
            <updated>2026-05-17T23:43:59Z</updated>
            <published>2026-05-17T23:43:59Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Many accidents caused by drunk drivers happen in an instant, but the effects can last for years. Victims are often left dealing with painful injuries, emotional trauma and unexpected financial stress while also trying to recover from the shock of what happened. When criminal charges are filed against the drunk driver, many people assume that the criminal case is the…]]></summary>
			                <content type="html" xml:base="https://www.craiggibbslaw.com/blog/2026/05/can-victims-sue-a-drunk-driver-even-after-criminal-charges-are-filed/"><![CDATA[<span style="font-weight: 400">Many accidents caused by drunk drivers happen in an instant, but the effects can last for years. Victims are often left dealing with painful injuries, emotional trauma and unexpected financial stress while also trying to recover from the shock of what happened.</span>

<span style="font-weight: 400">When criminal charges are filed against the drunk driver, many people assume that the criminal case is the only legal action available. However, victims may still have the right to pursue compensation through a separate civil claim.</span>
<h2><span style="font-weight: 400">Criminal cases and civil claims serve different purposes</span></h2>
<span style="font-weight: 400">When someone is charged with drunk driving, the criminal case is handled by the state because it's a criminal offense. </span><a href="https://www.findlaw.com/litigation/filing-a-lawsuit/civil-cases-vs-criminal-cases-key-differences.html#:~:text=Civil%20cases%20involve,of%20the%20state." target="_blank" rel="noopener external noreferrer" data-wpel-link="external"><span style="font-weight: 400">Criminal cases involve acts</span></a><span style="font-weight: 400"> considered harmful to society as a whole. In these cases, the defendant is accused of committing an offense against the state or the public.</span>

<span style="font-weight: 400">A civil injury claim is different because it focuses on the victim’s losses rather than punishing the driver. Through a personal injury claim, an injured person can seek compensation for medical bills, lost income and other damages connected to the crash. Even if the driver has already been arrested or convicted, a separate civil claim may still move forward.</span>

<span style="font-weight: 400">The outcome of the criminal case does not always determine the outcome of the civil case. In some situations, a drunk driver may not face criminal penalties and still be held financially responsible in civil court. </span><a href="https://www.findlaw.com/litigation/filing-a-lawsuit/standards-of-proof-in-civil-cases-preponderance-of-evidence-and-clear-and-convincing-evidence.html#:~:text=Civil%20vs.%20Criminal,not%20prison%20time." target="_blank" rel="noopener external noreferrer" data-wpel-link="external"><span style="font-weight: 400">Civil claims also operate</span></a><span style="font-weight: 400"> under a different burden of proof, which means victims may still have legal options even when criminal proceedings become complicated or delayed.</span>

<span style="font-weight: 400">Recovering after a drunk driving accident can feel overwhelming, especially when dealing with injuries, insurance companies and legal questions at the same time. Speaking with an </span><a href="/auto-accidents/" target="_blank" rel="noopener" data-wpel-link="internal"><span style="font-weight: 400">experienced legal professional</span></a><span style="font-weight: 400"> can help victims better understand their rights and what steps may be available to pursue financial recovery.</span>]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Law Office of Craig Gibbs</name>
				            </author>
            <title type="html"><![CDATA[Are drivers getting worse?]]></title>
            <link rel="alternate" type="text/html" href="https://www.craiggibbslaw.com/blog/2026/05/are-drivers-getting-worse/" />
            <id>https://www.craiggibbslaw.com/?p=252787</id>
            <updated>2026-05-01T21:40:42Z</updated>
            <published>2026-05-01T21:40:42Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Do you ever feel like the drivers around you are getting worse? Maybe you see people making more mistakes on the road. Perhaps you have read news articles about car accidents, and it feels like it is becoming more common. It might not be just your imagination. Some researchers have argued that drivers are getting worse, specifically because auto technology…]]></summary>
			                <content type="html" xml:base="https://www.craiggibbslaw.com/blog/2026/05/are-drivers-getting-worse/"><![CDATA[<span style="font-weight: 400">Do you ever feel like the drivers around you are getting worse? Maybe you see people making more mistakes on the road. Perhaps you have read news articles about car accidents, and it feels like it is becoming more common.</span>

<span style="font-weight: 400">It might not be just your imagination. Some researchers have argued that </span><a href="https://www.thezebra.com/resources/driving/driver-assist-technology-distracting/" data-wpel-link="external" rel="external noopener noreferrer"><span style="font-weight: 400">drivers are getting worse</span></a><span style="font-weight: 400">, specifically because auto technology is getting so advanced. Modern cars have more sensors, cameras and safety systems than ever, but could that actually be detrimental to people’s driving ability?</span>
<h2><span style="font-weight: 400">Complacent and distracted drivers</span></h2>
<span style="font-weight: 400">There are two main issues here. The first is that some drivers become complacent. They start to trust in the technology.</span>

<span style="font-weight: 400">For instance, if someone has a forward collision warning system or an automatic braking system, would they be more likely to tailgate other vehicles? Would they feel safer driving at dangerous speeds? These systems are designed to prevent accidents, but if people put all of their faith in the car to avoid a crash, they may drive in ways that make those accidents more likely.</span>

<span style="font-weight: 400">Similarly, drivers may be more prone to distraction because of their own safety technology. If they feel like the car can keep them safe, they may be more likely to check their text messages, look away from the road to talk to passengers and do things of this nature. These distracted drivers are then more likely to make the very mistakes that could cause the accidents they believe their vehicle can avoid.</span>
<h2><span style="font-weight: 400">Seeking financial compensation</span></h2>
<span style="font-weight: 400">Have you suffered significant injuries in an accident caused by another driver? You may deserve compensation for lost wages and medical bills, so take the time to carefully </span><a href="https://www.craiggibbslaw.com/auto-accidents/" data-wpel-link="internal"><span style="font-weight: 400">look into your legal options</span></a><span style="font-weight: 400">.</span>

&nbsp;]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Law Office of Craig Gibbs</name>
				            </author>
            <title type="html"><![CDATA[Can you challenge fault after a car accident in Florida?]]></title>
            <link rel="alternate" type="text/html" href="https://www.craiggibbslaw.com/blog/2026/04/can-you-challenge-fault-after-a-car-accident-in-florida/" />
            <id>https://www.craiggibbslaw.com/?p=252785</id>
            <updated>2026-04-16T16:50:45Z</updated>
            <published>2026-04-16T16:50:45Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[You were involved in a serious crash, and you know the other driver caused it. However, their insurance company is now pointing the finger at you or splitting the blame in a way that seems unfair. Is there anything you can do about it? The short answer is yes. You have the right to challenge an unfair determination of fault,…]]></summary>
			                <content type="html" xml:base="https://www.craiggibbslaw.com/blog/2026/04/can-you-challenge-fault-after-a-car-accident-in-florida/"><![CDATA[<span style="font-weight: 400">You were involved in a serious crash, and you know the other driver caused it. However, their insurance company is now pointing the finger at you or splitting the blame in a way that seems unfair. Is there anything you can do about it? The short answer is yes.</span>

<span style="font-weight: 400">You have the right to challenge an unfair determination of fault, and knowing what to do could be the difference between a fair settlement and settling for less than you’re entitled to.</span>
<h2><span style="font-weight: 400">Why is this important?</span></h2>
<span style="font-weight: 400">Florida follows </span><a href="https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&amp;URL=0700-0799/0768/Sections/0768.81.html" data-wpel-link="external" rel="external noopener noreferrer"><span style="font-weight: 400">a modified comparative negligence rule</span></a><span style="font-weight: 400">. If you’re found more than 50% at fault for an accident, you’re barred from recovering damages at all. Below that threshold, your compensation is reduced by your percentage of fault.</span>

<span style="font-weight: 400">Fault percentages carry serious financial weight, and insurance companies know it. They have every incentive to inflate your share of blame. For instance, if you’re found to be 40% at fault, you can only recover 60% of your damages. Fortunately, their findings are not final, and your hands are not tied.</span>
<h2><span style="font-weight: 400">Build a strong case</span></h2>
<span style="font-weight: 400">Challenging a fault determination starts with building a stronger case than the one being used against you. This means gathering and preserving evidence as early as possible, before memories fade, witnesses become unreachable or physical evidence disappears.</span>

<span style="font-weight: 400">Start with the basics, such as photos and videos from the scene, damage to both vehicles, skid marks, traffic signals and road conditions. If traffic or security cameras captured the crash, request that footage quickly before it’s overwritten. Witness statements can also help contradict an insurer's version of events.</span>

<span style="font-weight: 400">Remember, the police report doesn’t settle the question of fault. Officers document what they observe and what parties report, but their findings are not legally binding. Request a copy and review it carefully for any inaccuracies. You may also engage an independent accident reconstruction expert if necessary. Their professional insights can be invaluable.</span>
<h2><span style="font-weight: 400">Seek legal guidance</span></h2>
<span style="font-weight: 400">Going up against insurance companies that prioritize their own interests can quickly become frustrating and stressful, but you don’t have to do it alone. </span><a href="https://www.craiggibbslaw.com/auto-accidents/" data-wpel-link="internal"><span style="font-weight: 400">Working with someone who understands</span></a><span style="font-weight: 400"> how these cases are handled can help safeguard your rights and improve your chances of a fair resolution.</span>]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Law Office of Craig Gibbs</name>
				            </author>
            <title type="html"><![CDATA[Is a “front driver” ever at fault for a rear-end crash?]]></title>
            <link rel="alternate" type="text/html" href="https://www.craiggibbslaw.com/blog/2026/03/is-a-front-driver-ever-at-fault-for-a-rear-end-crash/" />
            <id>https://www.craiggibbslaw.com/?p=252783</id>
            <updated>2026-03-31T23:32:04Z</updated>
            <published>2026-03-31T23:32:04Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Many people assume that the driver of a rear vehicle is automatically to blame for a rear-end crash. Florida traffic rules do align with that assumption to a degree. There is a presumption imposed that the rear driver was negligent in a rear-end crash scenario. However, that is a rebuttable presumption. In plain English, the driver of the rear vehicle…]]></summary>
			                <content type="html" xml:base="https://www.craiggibbslaw.com/blog/2026/03/is-a-front-driver-ever-at-fault-for-a-rear-end-crash/"><![CDATA[Many people assume that the driver of a rear vehicle is automatically to blame for a rear-end crash. Florida traffic rules do align with that assumption to a degree. There is a presumption imposed that the rear driver was negligent in a rear-end crash scenario.

However, that is a rebuttable presumption. In plain English, the driver of the rear vehicle or their lawyer can present evidence to show that the driver of the front vehicle was at fault. Understanding what causes rear-end crashes can help people hold the right party accountable for a wreck.
<h2>What causes rear-end crashes?</h2>
The rebuttable presumption of a rear driver’s fault stems in part from the need to <a href="https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&amp;URL=0300-0399/0316/Sections/0316.0895.html" data-wpel-link="external" rel="external noopener noreferrer">maintain appropriate following distances</a>. The law requires that drivers leave enough space between vehicles to be able to slow down, stop or otherwise maneuver to avoid a collision.

Especially when combined with distracted driving, tailgating or following too closely is very dangerous behavior. However, the person in the front vehicle could have potentially caused the crash through aggressive driving, improper vehicle maintenance or failure to indicate a turn.

If a driver cuts another vehicle off while merging or turning, they may leave inadequate space for the rear vehicle to slow down or stop. The failure to use turn signals appropriately could also prevent other drivers from responding to planned maneuvers. Finally, burned-out bulbs and other electrical issues with a vehicle could prevent a driver from communicating their intentions to others in traffic effectively.

Reviewing the circumstances of a crash with a skilled legal team can help those involved in <a href="https://www.craiggibbslaw.com/auto-accidents/" data-wpel-link="internal">rear-end collisions</a> determine who was at fault and what options they may have for pursuing compensation. While rear drivers are often to blame, front drivers can sometimes be liable as well.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Law Office of Craig Gibbs</name>
				            </author>
            <title type="html"><![CDATA[Why is that drunk driver less seriously injured than you?]]></title>
            <link rel="alternate" type="text/html" href="https://www.craiggibbslaw.com/blog/2026/03/why-is-that-drunk-driver-less-seriously-injured-than-you/" />
            <id>https://www.craiggibbslaw.com/?p=252781</id>
            <updated>2026-03-12T09:36:17Z</updated>
            <published>2026-03-12T09:36:17Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[If you have been seriously injured in a collision caused by a drunk driver, it’s normal to be angry that they could have avoided it if they hadn’t taken the reckless step of getting behind the wheel when they were in no condition to drive.  If that drunk driver suffered only minor injuries in the crash, that can compound these…]]></summary>
			                <content type="html" xml:base="https://www.craiggibbslaw.com/blog/2026/03/why-is-that-drunk-driver-less-seriously-injured-than-you/"><![CDATA[<span style="font-weight: 400">If you have been seriously injured in a collision caused by a drunk driver, it’s normal to be angry that they could have avoided it if they hadn’t taken the reckless step of getting behind the wheel when they were in no condition to drive. </span>

<span style="font-weight: 400">If that drunk driver suffered only minor injuries in the crash, that can compound these feelings of anger. They or their insurance company may even try to argue that your injuries aren’t as bad as you’re contending they are, since the other driver didn’t suffer the same level of injuries.</span>

<span style="font-weight: 400">In fact, it’s not uncommon for a drunk or drugged driver to escape from a crash with far less serious injuries than their victims. That’s because sober drivers and passengers are </span><a href="https://www.britannica.com/science/deceleration-injury" data-wpel-link="external" rel="external noopener noreferrer"><span style="font-weight: 400">more likely to suffer “deceleration injuries</span></a><span style="font-weight: 400">.”</span>
<h2><span style="font-weight: 400">What causes deceleration injuries?</span></h2>
<span style="font-weight: 400">When a person who is unimpaired by alcohol or other substances that act as depressants senses danger like an impending collision (even if only for a split second), their muscles become tense and their body braces for impact. This happens reflexively. A person may hit the brakes, turn the steering wheel, reach over to shield a passenger or simply freeze.</span>

<span style="font-weight: 400">After the collision, the vehicle typically stops suddenly, but the body continues moving (although less so if the occupant is wearing a seat belt or has an airbag for protection). This continued movement can cause damage to organs, the brain, muscles and more.</span>

<span style="font-weight: 400">When the body has tensed up, it has </span><a href="https://www.thedrive.com/news/3704/first-responders-tell-us-why-drunk-people-are-more-likely-to-survive-a-collision" data-wpel-link="external" rel="external noopener noreferrer"><span style="font-weight: 400">less ability to absorb the energy</span></a><span style="font-weight: 400"> of the crash, which can lead to more serious injuries than if it hadn’t tensed up. That’s where the drunk driver has an “advantage.”</span>

<span style="font-weight: 400">That drunk driver may have been unaware that they were going to crash. If they were, their body was likely in a more relaxed state, so they didn’t have that tension. The same can be true of a driver under the influence of marijuana, sedatives or other drugs (legal or not) that slow reaction time.</span>

<span style="font-weight: 400">This can help explain why you can’t compare the severity of injuries between a drunk driver and their sober victim(s). What’s also important to remember is that even though that driver is likely facing criminal consequences, you have every right to seek compensation to cover your medical expenses and other costs and damages. Having </span><a href="https://www.craiggibbslaw.com/auto-accidents/" data-wpel-link="internal"><span style="font-weight: 400">experienced legal guidance</span></a><span style="font-weight: 400"> can make all the difference.</span>]]></content>
						        </entry>
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