Protecting Victims of Car Accidents Across Florida

Car accidents change lives in an instant. Victims often face mounting medical bills, lost income, and long-term pain that affects every part of daily life. At Clark, Fountain, Littky-Rubin & Whitman, our Florida auto accident lawyers have decades of experience holding negligent drivers, corporations, and insurers accountable. We combine trial-tested strategies with compassionate client service, representing car crash victims throughout Florida and across the United States.

Florida Car Accident Law

Florida has unique rules that govern auto accident claims. Understanding these laws helps victims make informed decisions after a crash.

• No-Fault Law and PIP Coverage: Florida is a no-fault state, which means that after most car accidents, your own Personal Injury Protection (PIP) insurance pays for a portion of your medical expenses and lost wages, regardless of who caused the crash.
• Comparative Negligence: After HB 837 was enacted in 2023, Florida now follows a modified comparative negligence system. If you are more than 50 percent responsible for the accident, you cannot recover damages. If you are less than 50 percent at fault, your recovery is reduced by your percentage of fault.
• Third-Party Claims: If your injuries are considered “serious” under Florida law, you may step outside the no-fault system and pursue a claim against the at-fault driver or another responsible party.

20 Types of Motor Vehicle Accidents

Rear-End Collisions

Among the most common types of crashes in Florida, rear-end accidents often occur in heavy traffic or at intersections. Injuries can range from whiplash to spinal cord damage.

Head-On Collisions

These are some of the deadliest crashes. They often occur on rural roads, highways with missing medians, or when drivers cross into opposing lanes due to distraction or impairment.

T-Bone (Side-Impact) Accidents

Often seen at intersections, these accidents cause serious injuries because the sides of vehicles offer less protection than the front or rear.

Multi-Vehicle Pileups

Chain-reaction crashes usually happen on busy highways or in bad weather. They can involve dozens of vehicles and create complicated liability disputes.

Single-Vehicle Accidents

Not all crashes involve another driver. Poor road design, tire blowouts, or evasive maneuvers can lead to serious single-car wrecks.

Rollover Accidents

SUVs and trucks are more prone to rolling over due to their higher center of gravity. Rollovers often result in catastrophic injuries.

Drunk Driving (DUI) Accidents

Despite decades of prevention campaigns, DUI remains a leading cause of Florida fatalities. Civil lawsuits can run alongside criminal DUI prosecutions.

Distracted Driving Accidents

Texting, GPS use, and in-car distractions have made distracted driving one of the fastest-growing causes of crashes statewide.

Hit-and-Run Incidents

Florida consistently ranks among the top states for hit-and-run accidents. Victims may rely on uninsured motorist coverage or pursue civil remedies once the driver is identified.

Commercial Truck Collisions

Crashes involving tractor-trailers or delivery trucks often cause severe damage and involve federal trucking regulations that require specialized legal knowledge.

Motorcycle Crashes

Motorcyclists are extremely vulnerable on Florida roads. Even minor collisions can lead to devastating injuries or death.

Pedestrian Accidents

Florida has one of the highest pedestrian fatality rates in the nation, particularly in urban areas like Miami and Orlando.

Bicycle Accidents

Cyclists face risks from inattentive drivers, poor bike lane design, and unsafe intersections.

Rideshare Accidents (Uber, Lyft, etc.)

When crashes involve rideshare vehicles, complex insurance layers apply, depending on whether the driver was on duty, en route, or carrying a passenger.

Uninsured or Underinsured Motorist Claims

Many Florida drivers lack adequate insurance. UM/UIM coverage helps fill the gap when an at-fault driver cannot fully compensate the victim.

High-Speed or Reckless Driving Accidents

Excessive speed is a factor in many fatal Florida crashes, particularly on I-95, I-75, and the Florida Turnpike.

Highway Construction Zone Accidents

Work zones often involve confusing signage, lane shifts, and narrowed shoulders, increasing the risk of crashes.

School Zone or School Bus Accidents

Children are especially vulnerable near schools and bus stops. Drivers who speed or fail to stop for buses can face liability.

Parking Lot or Low-Speed Impact Accidents

Even low-speed collisions can cause injuries, especially to pedestrians or older adults.

Vehicle Defect or Mechanical Failure Crashes

Defective airbags, tire blowouts, or brake failures can turn a routine drive into a tragedy. These cases often require product liability litigation.

Common Causes of Car Accidents in Florida

• Distracted driving (texting, eating, GPS use)
• Speeding or reckless driving
• Driving under the influence of alcohol or drugs
• Bad weather conditions like heavy rain or fog
• Poor road maintenance or design
• Uninsured or underinsured drivers

What to Do After a Car Accident: Step-by-Step Guide

1. Call 911 and seek immediate medical help.
2. Report the crash to law enforcement. Obtain a police report.
3. Document the scene with photos and videos.
4. Collect witness information.
5. Notify your insurance company but avoid detailed recorded statements until consulting an attorney.
6. Contact an experienced Florida car accident lawyer to protect your rights.

Florida Auto Accident Laws: Key Statutes and Deadlines

• Statute of Limitations: In Florida, you generally have two years from the date of the accident to file a personal injury lawsuit (HB 837 shortened the deadline from four years). Wrongful death cases also carry a two-year limit.
• Tort Reform: HB 837 significantly changed how damages and liability are handled. Victims now face stricter rules, making legal representation even more critical.

How Florida’s No-Fault Law Works

Every driver must carry at least $10,000 in Personal Injury Protection (PIP) coverage. PIP pays for 80 percent of medical bills and 60 percent of lost wages, but coverage is limited. Serious injury thresholds allow victims to pursue additional compensation through a liability claim.

Serious Injuries Common in Florida Car Accidents

• Whiplash and neck injuries
• Traumatic brain injuries (TBI)
• Spinal cord damage and paralysis
• Broken bones and fractures
• Traumatic amputations
• Severe burns or lacerations
• Wrongful death

How Much is My Florida Car Accident Case Worth?

Damages depend on medical expenses, future care costs, lost income, reduced earning capacity, pain and suffering, property damage, and loss of enjoyment of life. Each case requires a thorough evaluation of evidence and liability.

Can I Recover if I Was Partially At Fault?

Yes, but only if you are less than 50 percent responsible. Your recovery will be reduced proportionally to your share of fault. For example, if you are 20 percent at fault and your damages total $100,000, you may recover $80,000.

Evidence and Investigation in Auto Accident Claims

• Police reports and crash data
• Eyewitness statements
• Surveillance footage
• Accident reconstruction experts
• Vehicle black box (EDR) downloads
• Medical documentation

How a Top Florida Car Accident Lawyer Adds Value

An experienced lawyer helps level the playing field against insurance companies. They handle negotiations, ensure deadlines are met, bring in expert witnesses, and prepare for trial if necessary. A strong trial record often leads to higher settlements.

Vicarious Liability in Florida Car Accident Cases

Vicarious liability plays an important role in Florida auto accident claims. This legal doctrine allows injured victims to hold not only the negligent driver accountable but also other responsible parties who may have legal or financial ties to the vehicle or driver. In many cases, this can unlock additional insurance coverage and increase the likelihood of full compensation.

Dangerous Instrumentality Doctrine: Vehicle Owner Responsibility

Florida follows the dangerous instrumentality doctrine, one of the strictest owner-liability rules in the country. Under this doctrine, the legal owner of a motor vehicle can be held financially responsible if someone they permit to drive their car causes an accident.

• Key principle: Liability attaches simply because the owner granted permission to use the car. There is no need to prove that the owner acted negligently.
• Example: If you loan your car to a friend, and that friend rear-ends another vehicle, you as the owner can be held liable for the damages, even if you were nowhere near the accident.
• Exceptions: Long-term leases, certain federal preemption laws (such as the Graves Amendment protecting rental car companies), and cases where the driver used the vehicle without permission may limit an owner’s exposure.

This doctrine reflects Florida’s strong public policy of ensuring that victims of car accidents have access to compensation from financially responsible parties.

Employer Liability for On-the-Job Drivers

Vicarious liability also extends to employers through the doctrine of respondeat superior. If an employee causes a crash while performing job-related duties, the employer may share responsibility.

• Examples: Delivery drivers, utility company operators, or truck drivers on scheduled routes.
• Scope of employment: The accident must occur while the driver is engaged in work tasks. If the employee deviates significantly for personal reasons, the employer may dispute liability.

For victims, this often means being able to pursue claims against corporate insurance policies with higher coverage limits than those available to the individual driver.

Parental Responsibility for Minor Drivers

Florida law also imposes vicarious liability on parents or guardians who allow their teenage children to drive. When a parent signs a minor’s driver’s license application or knowingly permits their child to use the family vehicle, they assume legal responsibility for accidents caused by that child.

This rule is grounded in the idea that parents exercise control over their children’s use of inherently dangerous machines like automobiles. It ensures that accident victims can recover damages even when the negligent driver is a minor with little or no assets.

Why Vicarious Liability Matters for Car Accident Victims

For those injured in Florida crashes, vicarious liability can make a life-changing difference in recovery:

• It opens the door to claims against parties with greater insurance coverage, such as vehicle owners, employers, or parents.
• It provides additional avenues for justice when the negligent driver alone lacks sufficient resources.
• It reinforces public safety by encouraging responsible lending of vehicles and strict employer oversight of drivers.

Bottom line: If you were injured in a Florida car accident and the at-fault driver was using someone else’s vehicle or was on the job, you may have the right to pursue a vicarious liability claim. An experienced Florida car accident lawyer can evaluate these avenues to maximize your financial recovery and hold all responsible parties accountable.

Meet Our Florida Car Accident Attorneys

Our trial lawyers are recognized among Florida’s leading advocates in personal injury and product liability litigation. With more than 200 years of combined experience, our team has earned record-setting verdicts and holds leadership roles in the Florida Justice Association and other professional organizations.

Start Your Free Consultation with Our Car Accident Lawyers

If you or a loved one was injured in a car accident, do not face the insurance companies alone. Our Florida car accident lawyers are ready to protect your rights.

Contact us today for a free consultation. Call [561-899-2100] or fill out our online form to connect with an attorney near you.