Car Accidents
A Florida Car Accident Attorney for Every Aspect of Your Claim
Florida Car Accident Lawyers That Fight for You and Your Family
We see the lifelong impacts that a serious car accident can have on the lives on people every day. It’s a sad part of our job, but it also motivates us to continue doing the amazing work we’ve been doing for residents of Florida for more than 45 years. After a serious injury, your life never looks the same. You may need around-the-clock medical care. You may need to make modifications to your home to make basic daily tasks easier now that you have a disability or lack of mobility. You may not be able to work, creating the financial strain of a nightmare. Our Florida car accident attorney team can help with all of that. We’re here for you, for your loved ones, for your children.
If you’ve been in an accident, you have legal rights. We encourage you to call today for a free consultation so we can learn more about your case and ensure you understand your rights as a victim of a Florida car accident.
Attorneys Protecting the Rights of Car Accident Victims in Florida
Our personal injury law firm also has unique resources to pursue recovery on your behalf. When we represent you, we bring to your cause:
- A team of 35 lawyers who, for more than 45 years, have helped clients obtain settlements or verdicts in automobile accident cases similar to yours;
- Medical professionals who analyze the cause of death and/or the potential for recovery from injuries;
- Investigators and paralegals whose skills have been honed in the field, sorting out auto accident details;
- A record of going head-to-head with insurance companies and other powerful corporations to fight for our clients;
- The financial resources to withstand long-term investigation and lengthy trials if necessary;
- Our pledge to keep you informed, to tell you the truth, to offer straightforward advice, and to exhaust every avenue for seeking justice.
You have legal rights and we’re here to explain them to you. It’s free to call and learn about the options available to you. Contact us today to schedule a free consultation and learn more.
Types of Negligence in Auto Accidents
In Florida, if one driver (or some other party) is negligent in causing another driver’s or passenger’s injuries, the negligent party is legally responsible for all of the victims’ accident-related losses. Some of the most common forms of negligence involved in Florida car crash cases include:
- Distracted Driving – Including talking, texting, setting GPS directions, and eating or drinking behind the wheel.
- Fatigued Driving – Including driving without adequate rest and falling asleep behind the wheel.
- Impaired Driving – Including driving under the influence of alcohol, prescription medications, over-the-counter sleep aids, or illegal drugs.
- Reckless Driving – Including following too closely (tailgating), weaving through traffic, running red lights and stop signs, and merging without looking or signaling.
- Speeding – Including exceeding the posted speed limit and driving too fast for current traffic, weather or road conditions.
- Collision – Motor vehicle collision is the most common first harmful event on Florida’s deadliest highway I-4, and an insurance institute’s research names I-4 as the deadliest highway in the United States.
- Aggressive Driving – Including speeding excessively, speeding up to “beat” red lights, passing across double-yellow lines (which can lead to extremely dangerous head-on collisions) and engaging in risky driving behaviors that present extreme risks to other motorists.
- Road Rage – Including yelling at other motorists, making threats, honking excessively, swerving at other vehicles and engaging in other all-too-common forms of road rage that create distractions and other risks for serious injury. In addition to claims for compensatory damages, road rage accidents can also give rise to claims for punitive damages and property damages, in some cases.
- Careless Driving – Including common driving mistakes such as backing up or turning without looking, which, while unintentional, still represent a clear violation of drivers’ duty of care in Florida.
- Rideshare and Delivery Accidents – Including accidents caused by Uber drivers, Lyft drivers, DoorDash Drivers, Grubhub drivers and drivers using other rideshare and delivery apps.
- Other Violations of Florida’s Traffic Laws – Along with the issues listed above, various other violations of Florida’s traffic laws can lead to serious accidents as well. When drivers violate Florida’s traffic laws, this provides clear grounds for victims and their families to seek just compensation.
Common Causes of Car Accidents
In addition to negligence, other common causes of car accidents for which compensation will typically be available include:
- Vehicle Defects – Vehicle defects can cause both accidents and accident-related injuries. We handle cases involving defective brakes, tires, seatbelts, airbags and all other types of defective vehicle components. When a vehicle defect is to blame for injuries suffered in a car accident, the vehicle’s manufacturer can be held fully liable under Florida law. While these cases present unique challenges, our firm has a long track record of success holding automakers and other manufacturers accountable.
- Inadequate Vehicle Maintenance – Along with defects from the factory, vehicle-related issues caused by inadequate maintenance can lead to dangerous accidents as well. Inadequate maintenance includes both failing to perform necessary maintenance (i.e., replacing bald tires) and performing negligent service work (i.e., a negligent brake job). Depending on the circumstances involved, either the vehicle’s owner or the shop or dealership that performed negligent service work could be liable.
- Road Defects – Road defects are a serious concern for Florida motorists as well. Potholes, sinkholes and other road-related issues can—and frequently do—cause serious accidents. If you or a loved one has been involved in a car accident involving a road defect, you could have a claim against a government agency or government contractor that breached its duty of care.
- Inadequate Warnings About Road Construction – Road construction zones can be hazardous for motorists, so adequate warnings are essential. When government agencies and road construction contractors fail to provide adequate warnings about construction zones, this can create dangerous situations that increase the risk of being involved in a serious collision.
- Safety Violations by Commercial Truckers and Trucking Companies – Many car accidents involve collisions with commercial trucks. If you or a loved one was involved in a collision with a commercial truck, the trucker or trucking company could be liable. We handle cases involving all types of safety violations by commercial truckers and trucking companies, including cases involving excessive driving hours, excessive cargo loads, inadequate truck maintenance, speeding and tailgating, and other similar types of issues.
What Makes Car Accident Claims Difficult to Win?
Some examples of issues our car crash attorneys handle on a regular basis include:
- Establishing liability in multi-vehicle accidents – Multiple vehicles mean multiple potential causes, multiple insurance providers, and multiple additional challenges when it comes to recovering your losses.
- Overcoming allegations of comparative fault – If the insurance companies accuse you of playing a role in the accident, you will need to overcome these allegations in order to fully recover your financial and non-financial losses.
- Dealing with uninsured and underinsured drivers – Florida has one of the highest rates of uninsured drivers in the nation, and drivers who purchase only minimal coverage often will not have the insurance required to fully cover accident victims’ losses.
- Dealing with hit-and-run accidents – Recovering after a hit-and-run accident presents many unique challenges as well. While you may be limited to relying on PIP, our lawyers may also be able to help you find another source of financial recovery.
- Establishing third-party liability – Recovering financial compensation from vehicle manufacturers, dealerships, road contractors, drivers’ employers and other third parties requires a strategic approach and skilled legal representation.
Learn What Evidence You Need to Give Your Florida Auto Accident Attorney
While there is often nothing unsuspecting drivers can do to avoid serious collisions, there generally are steps one can take after an auto accident to make sure they receive fair compensation for their losses. You can help protect your claim by following certain precautions after your car accident. Below are some important steps that all victims should try to take at the scene of the collision (assuming they are physically able to do so).
What To Do Immediately After a Car Crash in Florida
- Call 911 – Your first priority is to get immediate help for yourself or anyone injured in the crash. If you have a cell phone, dial 911. Or flag down a passing vehicle or pedestrian and ask them to call 911.
- Take Notes About the Car Accident – If you can, make notes on the circumstances of the incident, such as the time, the place, and exactly what happened. Be sure to get license plate numbers, names, addresses, and telephone numbers.
- Seek Medical Care – Go to the hospital, even if you think you feel fine. You need a physician to diagnose your medical condition and injuries from the accident, and your medical records will be key evidence in your claim for compensation.
- Write Down When You Notify Your Insurance Carrier – If you are in a car crash, insurance companies require you to file with them in a timely manner. But you are not required to accept any offers they make for reimbursement or settlement of potential car accident claims.
- Get a Copy of the Police Report – If you are to pursue any claim against the person who caused your auto accident, you will need the police report to substantiate what happened.
- Contact an Experienced Florida Auto Accident Attorney – Choosing an experienced attorney is a critical step because you are putting your future, and your family’s future, in his or her hands. You want a firm you can trust to protect your interests and represent you aggressively as you seek the justice you and your family deserve.
- Follow Your Doctor’s Orders – When seeking compensation after a car accident, it is critical that you follow your doctor’s advice. Some insurance companies will monitor claimants to see if they are going to work or engaging in strenuous activity when they should be resting, and it is important that you attend all follow-up appointments and therapy sessions to help your recovery as much as possible.
Understanding the Auto Accident Claim Process in a No-Fault State Like Florida
The car accident claim process in Florida is different from the process in most other states. This is because Florida is a “no-fault” state. This is an insurance law that requires victims to file claims with their own insurance companies in many cases.
Here is an overview of the car accident claim process in Florida when the someone else is at fault:
- File a “No-Fault” Claim with Your Insurance Company – The first step in the process is to file a “no-fault” claim with your insurance provider. This is a claim under your personal injury protection (PIP) policy. PIP covers your medical bills and lost wages up to your policy limit (which is $10,000 for most people).
- Determine if Your Injuries Qualify as “Significant” or “Permanent” – To file a claim with the other driver’s insurance company, you must be able to demonstrate that your injuries qualify as “significant” or “permanent” under Florida’s insurance law. Your vehicle collision can assist with this determination. If they do, then you can seek full compensation under the other driver’s policy (if he or she has liability coverage).
- Calculate and Document Your Accident-Related Costs – To recover the compensation you deserve, you need to prove the costs of your car accident. You do not want to let the insurance companies do this for you. Your lawyer can assist with calculating and documenting your accident-related losses.
- Negotiate for an Insurance Settlement – Whether you are dealing with your insurance provider or the other driver’s insurer, you will most likely want to negotiate for an insurance settlement. If you are able to negotiate a reasonable settlement, then you will receive an insurance company payout.
- Take Your Case to Court if Necessary – If you are not able to obtain a fair payout through the settlement negotiation process, then you will need to take your case to court. Not only does hiring an experienced car accident lawyer give you the best chance of obtaining a fair settlement, but it also ensures that you will be prepared to go to court if necessary.
How to Strengthen Your Auto Accident Claim
If you have been injured or lost a loved one in a motor vehicle accident, what do you need to know? What do you need to do? What can you expect over the weeks, months and years to come? How can you make sure the insurance companies do not take advantage of you?
- Avoid Speaking with an Insurance Agent – You likely will need to speak with your insurance team immediately following an accident, but you should do your best to avoid any communication beyond initially filing a claim.
- Avoid Discussing the Accident – A big part of staying quiet after a car accident is not posting on social media. As your Florida car accident lawyers, we recommend you not speak to anyone about the details of your accident – and definitely stay off social media.
- Write Down What You Remember – In high-stress situations we often forget the details. We have worked with many clients who struggle to recall the basic events of their accident after time has passed. A great way to overcome memory loss due to trauma or time is to journal and document your recollection of events, and your feelings about them in a diary.
Florida Crash Statistics
The Florida Highway Safety and Motor Vehicles (FLHSMV) reports motor vehicle crash data and other statistics each year; the Florida Department of Transportation (FDOT) maintains a Florida Crash Dashboard for easy access and updates these reports annually. The most recent data available indicates that in 2024 there were about 15,000 fewer Florida motor vehicle crashes than in 2023, and about 3,000 fewer crashes that resulted in fatalities.
2024 Florida Car Crash Statistics
- All Crashes: 380,308
- Total Fatal Crashes: 2,887
- Total Injury Crashes: 160,583
- Total Bicycle Crashes: 9,294
- Total Bicycle Fatalities: 195
- Total Motorcycle Crashes: 9,420
- Total Motorcycle Fatalities: 578
- Total Hit and Run Crashes: 97,635
- Total Hit and Run Fatalities: 238
2023 Florida Car Crash Statistics
- All Crashes: 395,175
- Total Fatal Crashes: 3,162
- Total Injury Crashes: 164,413
- Total Bicycle Crashes: 8,418
- Total Bicycle Fatalities: 234
- Total Motorcycle Crashes: 9,548
- Total Motorcycle Fatalities: 621
- Total Hit and Run Crashes: 105,092
- Total Hit and Run Fatalities: 276
2022 Florida Car Crash Statistics
- All Crashes: 388,961
- Total Fatal Crashes: 3,188
- Total Injury Crashes: 160,075
- Total Bicycle Crashes: 7,090
- Total Bicycle Fatalities: 207
- Total Motorcycle Crashes: 9,085
- Total Motorcycle Fatalities: 585
- Total Hit and Run Crashes: 104,774
- Total Hit and Run Fatalities:266
Updates and prior year reports can be found on the FLHSMV’s Crash and Citation Reports page.
Car accidents and injuries can happen in all types of car wrecks. Below is an infographic created by a Searcy Denney Florida auto accident attorney, revealing some surprising data about accidents in the Sunshine State:
Case Results from Our Florida Car Accident Lawyers
What Is the Average Auto Accident Settlement in Florida?
Our experienced attorneys have been representing victims of accident claims for more than 45 years. We have an impressive track record of success. Some notable car accident case results include:
- $10 Million Verdict for Injuries Caused in Multi-Vehicle Accident
- $1 million settlement for neck injuries suffered for years after traffic accident
- Award of $1 Million for Massive Injuries Caused by Speeding SUV
- Confidential Settlement in Man’s Death in Horrifying Multi-Vehicle Crash
Read about our other vehicle accident case results.
Contact a Florida Car Accident Lawyer to Discuss Your Motor Vehicle Crash Claim
If you or a family member has been injured in an auto accident and you want to discuss a potential claim, schedule an appointment with an experienced Florida car accident attorney. You can contact us online or call us at 800-780-8607 to arrange for your free, confidential consultation at our Tampa, West Palm Beach or Tallahassee office. No recovery, no fee.
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FAQs
What if the other driver doesn’t have insurance?
If the driver who hit you was uninsured, you will need to discuss the specific facts of your case with an attorney to determine what legal options you have available. While one option is certainly to file a claim against the driver personally, if the at-fault driver was uninsured, he or she is unlikely to have the financial resources to pay just compensation for your losses.
As a result, in most cases involving uninsured drivers, we need to explore alternative sources of compensation. One of these sources may be your own auto insurance policy. If you have uninsured/underinsured motorist (UIM) coverage, then in addition to your Personal Injury Protection (PIP) coverage, you may also be able to collect the compensation that you would have been paid by the at-fault driver’s insurance company.
Another option is to identify another party that is responsible for your losses. This could be the case if, for example, your brakes failed or you were injured when one of your airbags deployed improperly. If a hazardous road condition (such as a pothole, blind curve or low shoulder) played a role in the accident, then the highway authority may be responsible for your losses as well.
An insurance company is offering me a check. Should I take it?
No. If you have received a settlement offer without legal representation, the offer is almost certainly for far less than the true value of your claim. The insurance company is trying to get you to settle before you have had the opportunity to make an informed decision. In addition, by accepting the check, you could be waiving your right to seek additional compensation. Before accepting any money for your injuries, it is critical that you find out exactly what your case is worth from an experienced Florida auto accident attorney.
What if the auto insurance company is refusing to pay for my injuries?
If you have been unsuccessful in securing payment from the insurance companies, you will need to hire an auto accident attorney to help. The insurance companies routinely deny unrepresented accident victims’ claims for compensation; and, when they offer payment, it is usually because they are trying to settle for less than the full amount owed. It is not too late to seek help, but you do not want to wait any longer than necessary to seek legal representation.
Will my insurance rates increase after an accident?
It depends. If the accident was 100 percent someone else’s fault, your rates should not increase. On the other hand, if you were partially at fault or if you need to file a UIM claim, then your accident could affect your premiums. This is yet another issue you will want to discuss with a Florida car accident lawyer so that you can make an informed decision about protecting your legal rights.
