FAQs About Florida Car Accidents
Most people never expect to be involved in a serious crash, but motor vehicle accidents happen every day in Tampa and the surrounding area. Whether you sustained whiplash from a rear-end accident or you were hit by a drunk driver and suffered a serious brain injury, you shouldn’t have to pay out of pocket to get appropriate medical care and treatment if someone else caused your crash.
Our law firm understands how important your case is and what’s at stake, which is why we take your claim seriously right from the start. Tampa car accident attorney Edmiston has extensive knowledge of the car accident laws in Florida and knows what it takes to build a successful case. Be it through a negotiated settlement or by way of a court verdict, we can help you get the compensation that you’re entitled to.
What do the numbers say about car accidents in Florida?
Car accidents in Florida happen far more frequently than many people realize. According to the Florida Department of Highway Safety & Motor Vehicles, the state sees staggering numbers of crashes, injuries, and fatalities each year.
Florida
- 400,000 car accidents per year on average
- 250,000 car accident injuries annually
- 3,500 car accident fatalities each year on average
Hillsborough County, FL
- 28,000 car crashes per year on average
- 19,000 car accident injuries annually
- 200 car accident deaths each year on average
Source: Florida Department of Highway Safety & Motor Vehicles
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What are the common causes of car accidents?
Collisions caused by other drivers occur for many different reasons. Some of the most common causes of car crashes in Florida include:
- Drunk Driving – 27.2 percent of fatal car accidents in Florida occur due to drivers under the influence of alcohol.
- Speeding – Roughly 1 in 10 car accident fatalities in Florida are caused by drivers who don’t obey the speed limit and drive too fast.
- Distracted Driving – Drivers who don’t pay attention to other vehicles, pedestrians, and others while driving often cause collisions.
- Texting While Driving – Florida has strict laws prohibiting texting while driving, but that doesn’t stop some drivers from texting and causing collisions.
- Asleep at the Wheel – More than 4,000 car accidents each year on average in Florida are caused by drowsy drivers who fall asleep while driving.
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What are the most common types of car crashes?
Some of the most common types of car crashes include:
- Rear-End Accidents – Among the most common types of collisions, rear-end crashes often occur because the driver in back hits the car in front from behind. Distracted driving, speeding, and drunk driving often play a role in rear-end collisions.
- Failure to Yield Accidents – Intersection accidents often occur because the at-fault driver does not have the right of way and fails to yield when turning at a stop sign or traffic light. Failure to yield accidents also often involve pedestrians who have the right of way.
- Head-On Collisions – Among the most serious types of car accident, head-on collisions often result in traumatic brain injuries (TBIs) and other serious or potentially life threatening injuries.
- Hit-And-Run Accidents – More than 100,000 drivers each year on average in Florida hit another vehicle and flee the scene of an accident.
- Rideshare Accidents – Collisions involving rideshare drivers who work for Uber, Lyft, and other companies often occur in Tampa and other cities in Florida.
- T-Bone/Broadside Accidents – These types of collisions involve one car crashing into the side of another car and are especially common at intersections.
- Fatal Car Accidents – More than 3,000 people each year, on average, die in motor vehicle accidents in Florida.
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What are the most common car accident injuries?
More than 250,000 people each year, on average, get hurt in car crashes in Florida. Some of the most common car accident injuries include:
- Whiplash/Neck Injuries – One of the most common and most misunderstood injuries, whiplash is a neck injury involving the neck muscles and ligaments, often due to rear-end collisions. Other common neck injuries include herniated discs and neck sprains.
- Traumatic Brain Injuries/Head Injuries – Concussions and other traumatic brain injuries (TBIs) can have serious consequences, including cognitive impairment and memory loss. Other head injuries include skull fracture and Intracranial hematoma (ICH).
- Spinal Cord Injuries/Back Injuries – Injuries involving the spinal cord, back muscles, ligaments, and vertebrae can be severe. If the spinal cord is severed, paralysis below the back injury location can occur.
- Broken Bones – Bone fractures, especially broken arms, legs, and fractures in the hands and feet, often occur in car crashes. Compound fractures, compression fractures, spinal fractures, and compression fractures are also common and can be serious.
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I was in a car accident, what should I do?
If you were involved in a car accident, you should try to remain calm so you can assess the situation and think about what to do next. If anyone needs emergency medical attention, call 911 right away and tell them you need an ambulance. Otherwise, you should move out of harm’s way by pulling your car off to the side of the road and activating your hazard lights to alert other drivers there’s been an accident. After that, you should:
- Call the police. Tell them you were in a car accident and let them know your location. When police arrive, you should be honest and stick to the facts. You can obtain a copy of the official accident report on the Florida Highway Safety and Motor Vehicles website for a fee. Police reports are critical pieces of evidence when pursuing a car accident claim.
- Exchange information. Get the name, address, phone number, insurance company name, policy number, and driver’s license information of everyone involved in the crash. Do not argue about the accident or say anything that could be misinterpreted as admitting fault (e.g., “I’m sorry or “I didn’t see you”).
- Take pictures of the crash scene. Take detailed pictures of your car accident from different angles. Be sure to show the damage to all the cars involved, tire marks, street signs, traffic signals, road hazards, construction, and any visible injuries. The more pictures, the better.
- Talk to witnesses. If anyone saw how your car accident happened, try to get their name and contact information. A written statement from an eyewitness can be a valuable piece of evidence when trying to prove fault in a car accident claim.
- Write down everything. While it’s all still fresh in your mind, write down everything you can remember in the moments leading up to, during and after your car accident. Include when, where and how the crash occurred, weather conditions, time of day, traffic conditions, and if the other driver said anything to you after the accident worth noting.
- Get checked out by a doctor. You can never be too careful when it comes to your health, so remember to see a licensed medical professional within 24 hours of your car accident at a hospital or urgent care. You may have serious and potentially fatal injuries and not even realize it. Follow doctor’s orders and make sure to attend any follow-up appointments. Keep in mind that according to Florida law, you must seek medical care within 14 days of your accident for PIP claims.
- Notify your car insurance company. Let them know you were in a car accident, but don’t go into too much detail and just stick to the facts. If the insurance adjuster pushes for more information or wants you to give a recorded statement, kindly decline and refer them to your attorney. Do not answer questions from someone else’s insurance company or their lawyer.
- Talk to a car accident lawyer. An experienced lawyer can answer your questions, explain your legal rights, and help you stand up to the insurance company so that you don’t lose out on the compensation you’re entitled to.
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What are the 10 most dangerous intersections in Tampa?
Tampa is home to several intersections where accidents frequently occur due to high traffic volume, poor visibility, or complex road layouts. Some of the most dangerous intersections in Tampa include:
- I-275 and North Dale Mabry Highway
- I-4 and I-75 intersection
- I-4/Selmon Expressway Connector
- I-275 and Memorial Highway
- Sheldon Road and Waters Avenue West
- Anderson Road and Waters Avenue West
- Waters Avenue West and Himes Avenue North
- Bruce B. Downs Boulevard and Fletcher Avenue East
- East Hillsborough Avenue and US Route 41
- Florida State Road 574 and North Taliaferro Avenue
(Source: National Highway Traffic Safety Administration)
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How do you deal with insurance companies after a car accident?
If you have been involved in a car crash caused by another driver in Florida, you will likely need to deal with insurance companies to get the financial compensation you need to pay for your accident-related expenses.
This might sound straightforward. However, the reality is often quite different. In many cases, insurance companies often do everything they can to avoid paying injury victims the money they rightfully deserve. In fact, insurance adjusters often try to claim that your accident expenses are worth far less than what they really are in order to try to save some money.
This is why it’s critical that you have an experienced attorney on your side who knows how to deal with insurance companies. Your lawyer can work with the insurance companies and negotiate the best possible settlement offer on your behalf. And if they refuse to cooperate and negotiate in bad faith, your attorney can file a car accident lawsuit on your behalf.
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What types of damages can you recover after a car accident?
In general, people injured in car crashes in Florida are eligible to receive two different types of damages, the legal term for financial compensation. The two main types of damages are:
- Economic damages – This is money paid for expenses that have a direct financial impact, such as medical bills, nursing costs, physical therapy, vehicle repairs, property damage, and replacement income.
- Non-economic damages – This is financial compensation for indirect expenses that don’t have a bill, including money for pain and suffering, emotional distress, chronic pain, and diminished quality of life.
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How much is my car accident claim worth?
The amount of compensation you get from your car accident claim will depend on the specific details of your case, including the severity of your
injuries and the overall impact your accident has had on your lifestyle. If someone else caused you to get injured, you may be able to recover compensation for:
- All your accident-related medical expenses, including the cost of long-term care or future care
- Lost wages
- Loss of earning capacity
- Replacement services, such as housework and childcare
- Pain and suffering / Punitive damages
A good way to get an idea of what your claim might be worth is to schedule a free case evaluation with Tampa car accident lawyer Armando Edmiston. Armando Personal Injury Law can also help you pursue a wrongful death claim if someone you love was killed in a fatal wreck caused by negligence.
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What is the average car accident settlement?
Some websites and attorneys cite a lot of numbers when it comes to the average car accident settlement claim. You can see numbers ranging from $5,000 to $30,000 and as much as $300,000. But the reality is every case is unique. Even similar car crashes might be worth significantly different amounts of money. That’s why you should always be skeptical if someone tells you how much your case is worth if they don’t know what happened. So, what’s the best way to know the value of your Florida car accident claim? Talk to a lawyer right away.
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What if I was partially at fault for the accident?
As of March 24, 2023, Florida uses the modified comparative negligence rule with a 50 percent bar. That means that if you were more than 50 percent at fault for the accident, you cannot recover damages at all. If you were partially at fault but less than 50 percent, you can recover, but your damages will be reduced by your percentage of fault. That’s one reason why you need an experienced attorney who can protect your rights and advocate for your interests during the determination of fault.
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What options are available for paying for my car accident?
Often, there are two main options for paying for your accident-related expenses:
- Accept a one-time settlement offer, often from an insurance company, to pay for all your accident expenses.
- File a car accident lawsuit against the at-fault party (or their insurance company, in many cases) seeking damages, the legal term for financial compensation.
Knowing which option to choose can be a challenge. That’s why our Tampa law firm wants to help. Our car accident attorneys can review the details of your case and offer you advice on which approach makes the most sense. That way, you can make informed decisions based on sound legal advice.
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Should I accept a car accident settlement offer?
Many times, the best way to pay for your car accident-related expenses is to accept a settlement offer. This is especially true if you already have a lot of bills due to your accident, including emergency medical expenses, vehicle repairs, and lost income due to not being able to work.
But it’s important that you carefully consider any settlement offer before you agree to accept it. This is because a settlement offer is a one-time payment intended to pay for a lifetime’s worth of accident expenses.
Insurance companies realize this is how the system works. That’s why they often make a lowball settlement offer that only covers short-term expenses. So, if your accident expenses go up more than expected, you would likely have to pay for them yourself.
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Who’s liable for paying for my accident?
Liable is a legal term that refers to who’s legally responsible for paying for your accident. In Florida, car accident compensation is a no-fault insurance system. That means that you often need to file a car accident claim with your own insurance company.
However, that’s often only the start of getting the money you deserve for your accident. This is especially true if your accident expenses add up to more than your insurance coverage. If that’s the case, you may be able to file a claim with the other driver’s insurance company.
But in order to do this, you often need evidence that the other driver caused your collision. Because without evidence, you will likely have a hard time getting the money you deserve from the at-fault driver’s insurance company.
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Can I sue someone for a car accident in Florida?
Yes. You have the right to take legal action and file a car accident lawsuit seeking damages, the legal term for financial compensation. The key to such legal cases often involves obtaining evidence that the other driver was at fault and caused your collision. This might sound straightforward, especially if the other driver was drunk, speeding, or breaking other traffic laws in Florida. But building a strong car accident lawsuit in Florida can be challenging, especially if the at-fault driver denies doing anything wrong. That’s why you need an aggressive legal team handling your case right from the start.
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How much time do I have to file a car accident lawsuit in Florida?
From the date of your Florida car accident, you have two (2) years to file a lawsuit or take other legal action. This deadline is known as the statute of limitations and can be found in Florida Statutes Section 95.11(3)(a). Two years might seem like a long time to file a car accident lawsuit. However, the reality is the longer you wait to take legal action, the harder it often becomes to get the evidence you need to build a strong legal case. And without strong evidence, your car accident lawsuit might not have a good chance of being successful. This is why it’s important that you talk to a lawyer right away who can help you take legal action.
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How do I file a car accident police report in Florida?
In general, you have 10 days to report most car accidents to the police in Florida, especially if the amount of property damage sustained in the accident exceeds $500, according to Florida Statutes Section 316.065. However, if a serious injury or fatality occurs in your collision, you must notify the police immediately. As far as filing a car accident police report, you generally need to file the report with the police department that has jurisdiction over where your accident took place. So, if another driver hit your car in Tampa, you would need to contact the Tampa Police Department.
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How much does a lawyer cost?
Most car accident lawyers will represent you on a contingency fee basis, meaning you don’t need any upfront money to hire them, and you only have to pay their fees if they make a financial recovery in your case. If the lawyer wins you a financial award, they’ll typically charge you a percentage of your settlement or verdict to pay for their legal fees.
At Armando Personal Injury Law, we represent our clients on a contingency fee basis. For awards up to $1 million, we typically charge 33.3 percent if we make a recovery for you prior to filing a lawsuit and 40 percent if the recovery is made after we file a lawsuit. We charge 30 percent of any award between $1-2 million and 20 percent of any award over $2 million.
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What should I expect from a lawyer?
Experienced attorneys who regularly handle car accident injury claims or lawsuits know that every accident is different. You can’t simply take a one-size-fits-all approach. Lawyers need to dig deeper to find out why a collision happened and what legal options are available in your particular case.
This means you can expect your car accident attorney to:
- Meet with you to learn more about your accident.
- Listen to you explain in your own words what happened.
- Explain the different legal options available.
- Conduct an in-depth investigation.
- Keep you informed about the progress of your case.
If an attorney tries to tell you what to do without knowing anything about your case, talk to another lawyer. Your best interests should always come first after your motor vehicle accident. Experienced Tampa car accident lawyers know this and never take anything for granted.
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Should I get a lawyer after a car accident?
Yes. Car accident claims or lawsuits can be very complicated legal matters, and you only have one opportunity to obtain all the money you need for a lifetime’s worth of expenses.
Insurance companies – especially the one representing the at-fault driver – know what’s at stake. They know that your settlement or lawsuit could easily be worth thousands of dollars or significantly more. That’s why they do everything they can to reduce or deny your injury claim.
When you have an experienced car accident lawyer handling your case, insurance companies take notice. Instead of making a lowball settlement offer or downplaying the severity of your injury, insurance companies are more willing to negotiate a fair settlement offer when you have an experienced attorney. They’d rather negotiate with your lawyer than deal with them in court in response to a car accident lawsuit.
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How can a lawyer help me?
If you have been involved in an auto accident caused by another driver in Tampa, having an experienced attorney on your side can make a big difference in the outcome of your case. Your lawyer can:
- Conduct an in-depth investigation.
- Deal directly with insurance companies on your behalf.
- Get a copy of your official Florida accident report and review it with you.
- Review any settlement offer you receive and help you decide if you should take it.
- Negotiate a better settlement offer on your behalf.
- File a car accident lawsuit on your behalf in Hillsborough County or wherever you decide to take legal action.
- Represent you in all court proceedings related to your car accident lawsuit.
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What sets Armando Personal Injury Law apart?
It’s normal to feel confused and have a lot of questions after you’ve been injured in an auto accident. One way to make the process of recovering compensation for your damages less stressful is to seek legal help.
We believe our Tampa car accident lawyers are the right choice for three reasons:
- Years of experience handling complicated car accident claims in Tampa and throughout Hillsborough County.
- In-depth understanding of how the legal system works here.
- Strong work ethic focused on building successful legal cases.
People trust us to handle their most important legal needs after a serious accident.
We routinely receive positive reviews and testimonials from people we help after they get hurt in a car accident. We take great pride in what people say about us because our clients are more than just customers.
Get the law firm that treats its clients like family and see what an experienced attorney can do for you. Contact us today for your free case evaluation with a Tampa car accident lawyer who puts your best interests first.
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