Tampa Car Accident Attorney
Helping Tampa car crash victims protect their rights and recover maximum compensation after an accident caused by someone else’s negligence
In Tampa, car accidents happen in the blink of an eye, and your entire world can change in seconds. Unfortunately, Florida’s no-fault insurance law often makes it more complicated for accident victims to understand their rights when it comes to recovering compensation after a serious or catastrophic injury.
The reality is that pursuing a claim can be a difficult process, but you don’t need to go through the process alone. Instead, speak to an experienced Tampa car accident lawyer at Palmer Lopez today to learn about your legal options for financial recovery after an accident caused by someone else’s negligence.
Our legal team has more than 35 years of combined experience helping clients just like you get the compensation they deserve.
How many car accidents happen in Tampa?
Every year, there are hundreds of thousands of car crashes that lead to serious injuries and deaths for Florida residents.
In 2023 alone, there were 27,468 vehicle crashes in Hillsborough County, resulting in 18,879 injuries and 232 fatalities, according to the Florida Department of Highway Safety and Motor Vehicles.
Of these crashes, 7,067, or about 25%, were hit-and-run crashes. These types of accidents are particularly problematic, as they often make it harder to hold the negligent drivers accountable for their actions.
What is the most dangerous road in Tampa?
According to a recent news report by 10 Tampa Bay, one of the most dangerous roads in Tampa year after year is Busch Boulevard. Despite recent efforts to make the road safer, including speeding feedback signs and lighting improvements, Busch Boulevard remains a hotspot for accidents.
Significant issues include high traffic volumes, especially during rush hours, and complex, poorly lit intersections that challenge both drivers and pedestrians. The road’s mix of speeding and aggressive driving, along with a notable presence of pedestrians and cyclists, particularly near bus stops and shopping areas, also increases the risk of accidents.
Other top roads and intersections for accidents in Tampa include:
- Brandon Boulevard (from Falkenburg Road to Dover Road)
- Gibsonton Drive/Boyette Road (from I-75 to Balm Riverview Road)
- Hillsborough Avenue (from Longboat Boulevard to Florida Avenue)
- Fletcher Avenue (from Armenia Avenue to 50th Street)
- Dale Mabry Highway (from Hillsborough Avenue to Bearss Avenue)
Who causes the most car accidents in Florida?
The term “accident” is widely used, but the truth is that automobile accidents often aren’t true accidents at all. Usually, someone is at fault due to their negligence, intentional actions, or reckless behavior.
Some of the most common causes of automobile collisions include:
- Drunk drivers. One of the biggest causes of accidents that result in serious injuries and deaths is drunk driving. According to the National Highway Traffic Safety Administration (NHTSA), someone in the U.S. is killed in a car accident due to a drunk driver about every 39 minutes. In 2021 alone, 13,384 people lost their lives needlessly because of alcohol-impaired drivers.
- Distracted drivers. Drivers can be distracted by their phones or any number of things in the vehicle. Forms of distracted driving include changing the radio station, putting on makeup, eating food, talking to someone in the rear passenger seat, or looking at the GPS. In 2021, distracted drivers were responsible for the deaths of approximately 3,522 people on U.S. roads.
- Driver error. Driver error often involves a traffic violation such as speeding, running a red light or stop sign, etc.
- Weather. Poor weather conditions can contribute to auto collisions as well. Conditions such as rain, snow, wind, or fog can reduce your visibility and lead to a crash.
- Mechanical problems. Accidents can also be caused by defective vehicle parts, such as faulty brakes or a bad tire.
In all of these cases, negligence essentially hinges on whether the accident was directly caused by a person (or party) who failed to uphold their duty of care to behave in a safe manner.
Common car accident injuries
Most injuries in a car accident involve the neck, back, or head. Some of the most common injuries we see in Florida car accidents include the following:
- Whiplash. Sudden or violent jerking of the neck can result in serious neck injuries. Whiplash is most common in rear-end accidents.
- Traumatic brain injury (TBI). A traumatic brain injury can range from a mild concussion to a serious coma. Victims can have long-lasting physical, emotional, and psychological scars. Medical treatment for TBIs can be very costly, leaving victims and their families struggling to cover their bills.
- Spinal injuries. Trauma from a car accident can leave a victim with spinal injuries, including spinal cord damage, herniated discs, and more, some of which can lead to permanent paralysis.
- Broken bones. An accident’s blunt force can cause broken bones that take months or longer to heal.
Who pays for car damage in a no-fault state like Florida?
It depends on the severity of the accident. Florida’s no-fault insurance law affects compensation after a car accident by requiring all drivers to carry personal injury protection (PIP) insurance.
Under this law, if you are involved in a car accident, your own PIP insurance is primarily responsible for covering your medical bills and lost wages, regardless of who was at fault for the accident, up to a specific amount. This system is designed to ensure that anyone injured in a car accident receives timely medical treatment without the need to establish fault, which can be a lengthy process.
However, PIP insurance typically only covers 80% of all necessary and reasonable medical expenses up to $10,000 (depending on the severity of the injuries) and 60% of lost wages. This means you may not be fully compensated for your total losses under your insurance policy if they exceed these limits.
In cases of serious injuries, defined under Florida law as a substantial, permanent injury or loss of an important bodily function, significant scarring or disfigurement, or death, you may be able to pursue a personal injury lawsuit against the negligent driver for additional damages like pain and suffering that are not covered by PIP insurance.
Additionally, Florida’s no-fault law does not cover property damage caused by a car accident. For property damage, you will need to file a claim against the at-fault driver’s insurance under their property damage liability (PDL) coverage.
If you’ve been seriously injured in an accident that you believe may qualify you for additional compensation beyond what is offered under your PIP insurance, it’s crucial to discuss your case with an experienced car accident attorney who can evaluate your claim and explain your legal options.
What is the compensation for accidents in Florida?
The degree of compensation that you can expect is completely dependent upon your damages and the severity of those damages, in particular, your medical costs and pain and suffering. Typical compensation in a car accident resulting from someone else’s negligence includes the following:
- Medical costs
- Property damage
- Pain and suffering
- Emotional distress
- Lost wages
- Lost earning ability
- Travel expenses to medical appointments
- Ongoing medical costs, infrastructure, and equipment, such as a wheelchair ramp for your home
If the collision took the life of your loved one, you can pursue the following compensation through a wrongful death lawsuit:
- Medical costs
- Pain and suffering of the victim
- Emotional distress
- Lost future earnings
- Loss of consortium
- Property damage
- Funeral and burial expenses
We cannot state this enough: It’s crucial to fully understand the full compensation you’re entitled to in your particular case before accepting a settlement offer from the insurance company.
Investigating the cause of the crash and holding the other party accountable
The top causes of car crashes are distracted driving, drunk driving, speeding, and reckless driving. In cases like these, the cause may be obvious, and the police report might clearly show that the other party is fully at fault.
However, that is not always the case, and even if it seems clear cut, the other party’s insurance company will likely put up a fight to reduce their liability.
In Florida, fault in car accidents is determined through a system called “modified comparative negligence.” This means that in an accident, each party involved is assigned a percentage of fault based on their contribution to the incident. Your ability to recover damages is ultimately reduced by your percentage of fault.
For example, if you’re found to be 20% at fault for an accident and your total damages amount to $100,000, you would be able to recover up to 80% of the damages, or $80,000.
Because your compensation is directly tied to your degree of fault in an accident, it’s crucial to enlist the help of an attorney early in the process to minimize your liability and protect your rights.
Why hire a Tampa car accident attorney?
If you or a loved one has been seriously injured in an auto accident in Tampa, you need an attorney who has the experience and knowledge necessary to go up against the other party’s insurance adjusters, who have significant time and resources on their hands to delay, drag their feet, and point the blame back at you or someone else.
At Palmer Lopez, our attorneys hold the other side accountable by doing our own investigations, using expert witnesses, and hiring crash investigators. We understand that pursuing a claim can feel like a complicated process, especially if you’re trying to recover from severe injuries. That’s why we handle all communication and negotiations with the insurance company, so you don’t have to worry.
Remember, you only have a limited amount of time to file a lawsuit in an automobile accident case. If you miss the filing deadline, the court could throw your entire case out, even if the insurance company offered you money just days before.
Protect your rights and get started maximizing your compensation today. Reach out to the skilled Tampa car accident attorneys at Palmer Lopez to schedule your free consultation.
References
Crash Dashboard. (n.d.). Florida Department of Highway Safety and Motor Vehicles. https://www.flhsmv.gov/traffic-crash-reports/crash-dashboard/
Morrow, E. (2022). Florida saw more than 701K crashes last year alone. Wtsp.com. https://www.wtsp.com/article/news/investigations/10-investigates/florida-deadly-crashes/67-4ad8a4d6-cbdc-4016-9eb0-ce746cd060dd
National Highway Traffic Safety Administration. (2020, November 5). Distracted Driving. National Highway Traffic Safety Administration; United States Department of Transportation. https://www.nhtsa.gov/risky-driving/distracted-driving
NHTSA. (2019, January 11). Drunk Driving. NHTSA; United States Department of Transportation. https://www.nhtsa.gov/risky-driving/drunk-driving