A sudden car accident can be devastating. It could leave you with unpaid medical bills, needed car repairs, and ongoing injuries. If you’ve been hurt in a car accident, our experienced Tampa auto accident attorneys can help. We work with victims of car crashes to fight for the compensation they deserve for their injuries and suffering.
At the law offices of Jack Bernstein, Injury Attorneys, our team provides comprehensive legal representation for car accident victims just like you. We offer free consultations to discuss your case and share how we can help you get the support you need. Contact us today to speak with our team and see what your claim may be worth.
How Common Are Car Accidents in Tampa?
Tampa is one of Florida’s most densely populated areas. As such, the greater Tampa area sees thousands of car accidents each year. Located in Hillsborough County, this city has contributed to the over 27,000 car accidents that happened in the county in 2023, according to the Florida State Crash Dashboard. Of those accidents, 235 resulted in fatalities, while 18,873 resulted in an injury.
The city’s vibrant nightlife, attractions, and range of drivers have all contributed to the rising number of traffic accidents and injuries.
Some of the most common types of accidents in Tampa include the following:
- Rear-end collisions: These accidents occur when a car suddenly stops and is hit from behind. The vehicle that hits the first car is usually following too closely or speeding.
- T-bone collisions: Most commonly seen in intersections, this type of crash happens when a driver fails to stop or yield and collides with the side of another vehicle
- Hit-and-run accidents: Guilty drivers who cause accidents will sometimes flee the scene of the accident. However, surveillance or witnesses can help bring the responsible party to justice.
- Distracted driver accidents: Many drivers are distracted by their phones, passengers, pets, or other distractions, which can lead to an accident
- DUI accidents: When a driver chooses to get behind the wheel after drinking or using drugs, the results can be devastating or even fatal. Talk to your attorney about the possibility of claiming punitive damages.
- Head-on collisions: These accidents typically occur when a driver is going the wrong way on the road
At Jack Bernstein, our injury attorneys have experience handling every kind of auto accident case. We will collect evidence and build a strong case to ensure you get the maximum settlement for your claim.
What Roads Are the Most Dangerous in the Tampa Area?
According to city officials, Cleveland Street is one of the most dangerous roadways in Tampa. Part of the reason ties back to a Tampa traffic engineer study that found it poses an elevated risk of danger because of high levels of traffic, merging lanes, and heavy foot traffic due to nearby shopping centers.
The city has plans to make this street safer through initiatives that would help reduce traffic flow and improve visibility and safety when vehicles merge onto Cleveland Street.
Common Causes of Car Accidents in Tampa
As with many other high-traffic cities, many factors lead to car accidents in Tampa. Some of the most common causes are due to the behaviors of drivers, including:
- Distracted driving
- Drowsy driving
- Speeding
- Drunk or drugged driving
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Proving Negligence After a Car Accident in Tampa, Florida
If you were injured in a car accident in Tampa, it is not enough to simply blame the other driver. To prove your case, you must show that the other driver was negligent in their actions. Negligence is a legal concept that is made up of four elements. For negligence to exist, these four elements must be proven. The elements of negligence include:
- Duty of care: All drivers have a duty to drive safely and reasonably to protect other drivers on the road
- Breach of duty: If a driver violates their duty of care, this is known as a breach of duty
- Causation: Causation is the legal concept that a person’s actions are what led to the event that caused the injury. Causation is one of the most difficult elements of negligence to prove.
- Damages: Finally, for a victim to pursue legal action, they must show that they suffered damages as a result of another driver’s negligence
Understanding Florida’s Comparative Negligence Law
Florida’s new bill, signed into law in 2023, applies comparative negligence law when determining how liability is divided if both parties are found to be at fault for a car accident. Under modified comparative negligence, if a driver is found 40% responsible for causing the accident, they may be able to recover 60% of their total damages.
Under this new bill, if a driver is found to be more than 50% responsible for the accident, they are barred from recovering damages. The only exception to this law is instances of medical malpractice.
Who Pays for My Medical Bills and Damages After a Car Accident?
So, who pays for medical bills and other damages after a car accident in Tampa? The first avenue will always be your car insurance provider. If you have to turn to your health insurance to cover additional medical expenses, you may be able to recover those costs by filing a claim through the car insurance company of the other driver.
Our Tampa car accident lawyers represent you throughout the entire claims process. Let us negotiate directly with the insurance company and file a legal claim if it is necessary for you to receive the compensation that you deserve.
Florida’s Insurance Requirements
Florida’s car accident laws, found in Florida Statutes § 627.737, require anyone registering a four-wheeled vehicle in Florida to show proof of personal injury protection (PIP) and property damage liability (PDL) insurance.
All drivers are required to carry:
- A minimum of $10,000 per accident in personal injury protection (PIP)
- A minimum of $10,000 per accident in property damage liability (PDL)
Drivers have the option to purchase additional insurance coverage, including higher PIP and PDL coverage, gap insurance, and uninsured motorist coverage.
Additionally, Florida’s Department of Highway Safety and Motor Vehicles (FLHSMV) outlines the following:
- Vehicles that are registered as taxis must carry bodily injury liability (BIL) coverage of $125,000 per person, $250,000 per occurrence, and $50,000 for (PDL) coverage
- Drivers must have continuous coverage even if their vehicle is not being driven or is inoperable. If a driver needs to cancel their insurance, they must surrender the license plate or tags before they do so.
- All insurance coverage must be purchased from an insurance provider that is licensed to do business in the state of Florida. Drivers who have just moved to the state may be able to transfer their insurance coverage. Speak with your auto insurance provider to learn more.
File a Civil Lawsuit Against the At-Fault Driver
If your injuries are severe, cause permanent damage, or exceed your insurance coverage, you may be able to pursue additional compensation by filing a personal injury claim against the at-fault driver, their employers, or other negligent parties that could be held responsible for the accident.
How Much Is My Car Accident Case Worth?
Many victims considering legal action wonder what their claim is worth. If a victim is injured and suffers after an accident, they may be able to recover damages through a legal claim. Victims may be able to recover both economic and non-economic damages.
Economic damages refer to the calculable and often tangible losses a victim experiences after a car accident. This can include losses such as:
- Medical expenses
- Cost of ongoing medical care
- Physical therapy and rehabilitation
- The cost of mental health treatment
- Lost wages and lost income
- Vehicle damages, other personal property damage
- Incidental costs of securing medical care, over-the-counter expenses
Victims may also be able to recover non-economic damages. Non-economic damages refer to the often difficult-to-calculate losses that result from a car accident injury. Examples of non-economic damages include but are not limited to the following:
- Pain and suffering
- Compensation for disfigurement
- Loss of motor functions
- Loss of executive functions
- Mental anguish, including post-traumatic stress, trauma, and other mental health struggles
While victims can recover economic damages — the tangible and easy-to-calculate losses after a car accident — under Florida law, victims are not eligible for non-economic damages unless they have a qualifying third-party claim. Qualifying injuries are significant disfigurement, bone fractures, permanent limitations, and dysfunction of bodily systems.
When you’re the victim of a car accident, it can affect you physically, emotionally, and financially. Your compensation should reflect all you’ve suffered after the car wreck. Our lawyers are dedicated to ensuring you receive justice and the financial compensation you deserve.
Who Can Be Held Responsible for My Car Accident Injuries?
Florida is a no-fault state, meaning that the law requires all drivers to maintain personal injury protection (PIP) and property damage insurance in minimum amounts. When an accident happens, most car accident claims go through the driver’s own insurance regardless of who is at fault for the accident.
Even though no-fault laws apply in Tampa, third-party claims are still available in cases of serious or permanent injury, also known as catastrophic injury.
Third-party claims can be filed against:
- Government agencies — these agencies can be held responsible for poorly designed or maintained roads
- Car and auto part manufacturers, if there are vehicle defects or recalls that lead to an accident
- Employers can be held responsible if one of their drivers acts negligently
- Owners of the vehicles that caused the accident can also be held liable despite the state’s no-fault laws
Can Multiple Parties Be Held Accountable for My Car Accident Injuries?
Yes. There may be multiple parties that can be held accountable for your car accident injury. The circumstances of your case will determine who can be held liable, and an experienced personal injury attorney will help you explore all avenues of liability.
Some of the most common cases where liability is shared include accidents involving semi-trucks and commercial vehicles. The employer and any other third parties, like a driver training school, can be held liable for the car accident. An experienced car accident attorney can help you explore all your legal options when determining liability.
How Long Do I Have To File a Car Accident Claim?
A statute of limitations is an individual’s time frame to take legal action against liable parties. In Florida, the statute of limitations for a car accident is four years. This means a victim has four years from the accident date to take legal action against the other driver. Waiting beyond this four-year time could bar you from recovering the compensation you may be entitled to.
If a death has resulted from a car accident, the statute of limitations is shortened to two years under Florida Statute 95.11. This shorter time limit allows victims’ families to recover compensation quickly while minimizing the chances of a drawn-out legal battle.
What To Do After a Car Accident
It’s important to know what to do after a car accident; not only does this ensure you get the medical attention you need, but taking the right steps after a car accident allows you to collect critical evidence that will help you build your case.
After a car accident in Florida, it’s important to do the following:
- Get to safety: Get to safety immediately after the accident. If you can, move your vehicle out of the roadway to keep other drivers safe as well.
- Call for help: You should always call 911 for help, especially if the car accident has resulted in injuries for you or other drivers
- Render aid/seek medical attention: If you are able to do so, render medical aid to others injured on the scene. If you are also injured, be sure to accept medical assistance from the responding medical teams.
- Document the scene: Take photos of the accident site, the damage, and your injuries. Photos can help you establish credibility and evidence when you pursue a claim against your insurance, the other driver’s insurance, or other parties through a civil lawsuit.
- Gather witness information: Collect statements from others who witnessed the car accident. Witnesses can also establish credibility to your claim, strengthening your case.
- Follow up on all medical advice appointments: Keep up with your medical appointments and treatment. This allows you to establish a strong case of the injuries you have suffered as a result of the car accident.
- Document your expenses: As you go to the doctor and receive medical treatment or therapy for your injuries, keep a running cost of your expenses. An itemized list of the financial toll the accident has taken on you can help you establish a strong claim.
- Consult a Tampa car accident lawyer: Finally, seek the guidance of an experienced car accident attorney. An experienced lawyer will help you analyze your case, determine liable pirates, and help you recover the damages you may be entitled to.
How an Experienced Car Accident Attorney Can Help
Our personal injury attorneys have extensive experience representing car accident victims throughout Tampa and the surrounding areas. We will be by your side every step of the way during the claims process, offering our legal advocacy and services, including:
- Handling all steps necessary for you to get compensation
- Experience with different types of car accident claims
- Talking to the insurance companies and making an insurance claim on your behalf
- Settlement negotiations and sharing honest advice about whether to accept an offer
- Preparing legal documents and filing your claim
- In-depth knowledge of Florida car accident laws to ensure your claim is complete
- Building evidence and pursuing your claim aggressively
- Working to settle your case for the maximum settlement or present it at trial
- Helping you understand your damages and what your claim is worth
- Compassionate support for you and your family throughout the process
Our founder, Jack Bernstein, brings a wealth of legal experience to his practice. He served as a clerk to a circuit court judge and is a member in good standing of the Florida Bar Association and the Cuban American Bar Association. With decades of personal injury litigation practice in both state and federal courts in Florida, Jack Bernstein has the knowledge and skills to maximize your compensation.
What To Look For in a Car Accident Lawyer
Not all car accident attorneys are the same. The outcome of your case rests on working with an attorney who is skilled in their craft, knows the right questions to ask, and can fight for your rights — especially when negotiating with insurance companies and the legal teams of other parties involved.
When looking for the right car accident lawyer, there are certain factors you should be aware of. The following are some things to consider:
- Look for someone who has a proven track record
- Work with an attorney who has experience working with car accidents similar to the one you have experienced
- Work with a team that has a sizable staff. This ensures you will have access to other legal professionals who can add their expertise to your case.
- Responsiveness and willingness to keep an open line of communication
How Much Does a Car Accident Lawyer Cost?
Car accident lawyers have different fee structures depending on their practice operations. Some lawyers charge on an hourly basis, work on a retainer, or charge a flat fee for services rendered.
No Fee Until We Win
At Jack Bernstein Injury Attorneys, our lawyers work on contingency, meaning we don’t get paid until we win your case. This allows you to focus fully on recovery without having to deal with the financial obstacles of filing a personal injury claim.
Free Case Evaluations
Our law offices are committed to serving all victims of car accidents in the greater Tampa area. As such, our team offers free case consultation that will allow us to determine the strength of your case. We can help you understand your legal rights and evaluate the possible outcomes of your case, what damages you may be able to recover, and more. Contact us today to schedule your free case evaluation and get one step closer to recovering the compensation you deserve after a car accident injury.
Let Jack Bernstein, Injury Attorneys, Fight for You
At Jack Bernstein, Injury Attorneys, our team of experienced paralegals, investigators, and lawyers are ready to help you fight for your rights after a car accident injury in Tampa, Florida.
Turn to our team to get the legal representation you deserve, work with experts who know how to stand up against the insurance companies, and get the answers to all your questions and concerns.
We do not take a fee until we win your case and are prepared to go to trial if the other parties cannot agree on a comprehensive settlement. Learn more about your legal rights and options when you contact our team.
We Fight For Justice
Contact us today to schedule your free case evaluation.
Sources:
Cleveland Street to Become Safer for Pedestrians and Drivers. (2024).
Florida Insurance Requirements. (2024).
Florida State Crash Dashboard. (2023).
FLS § 95.11.Governor Ron DeSantis Signs Comprehensive Legal Reforms into Law. (2023).
Tampa Car Accident + Personal Injury Lawyers
For more than 40 years, personal injury lawyer Jack G. Bernstein has protected the rights of individuals who have been injured in a variety of circumstances. Throughout his career, Bernstein has been a strategist thoroughly dedicated to the idea of protecting the rights of his clients. Mr. Bernstein is a member of the Florida State Bar Association, the Hillsborough Bar Association and the Clearwater Bar Association.
Mr. Bernstein has the experience and expertise to handle a wide range of injury cases. Among the types of plaintiffs Mr. Bernstein represents are individuals involved in car accidents caused by drunk drivers or other exhibiting negligence, medical complications resulting from carelessness caused by a physician or a medical facility, including brain injury, bicycle, motorcycle, moped and truck accidents, admiralty law and cruise ship accidents, accidental drownings, all types of wrongful death lawsuits, along with most injury, catastrophic occurrences and legal malpractice issues.
Our firm handles every type of personal injury and accident case, using negotiation and litigation tactics effectively. We handle cases throughout Tampa, Sarasota, St. Petersburg, and Clearwater, FL. With a staff of approximately 40 people, including six lawyers and 34 support personnel, we have the legal resources to get the justice you deserve and the maximum recovery for your losses. Schedule your free consultation today; we are always here to help.
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