Tampa Car Accident Lawyer

Q: Can I Still Recover Compensation If I’m Partially At-Fault for the Car Accident?

You can recover compensation if you are partially at fault for a motor vehicle accident. Florida has pure comparative fault rules for auto accidents with more than one at-fault party. If you share fault for a crash, your damages will be reduced to account for your percentage of blame.

Q: How Long Do I Have to File a Car Accident Lawsuit in Florida?

The Florida Statutes of Limitations limit the amount of time you have to file a lawsuit after a car accident. Generally, you will have four years in personal injury case. The clock will start ticking on the date of your crash. Car accidents involving a wrongful death are subject to two years.

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Have you been injured in a car accident in Tampa, FL? Our Tampa car accident lawyers at Roman Austin Personal Injury Lawyers can help you identify all avenues for compensation and maximize the value of your claim. Contact our Tampa law office at (813) 686-7588 to arrange a free consultation.

Our legal team has recovered over $100 million for injured clients in Tampa Bay. We have over 50 years of combined experience handling car accident claims. Florida’s insurance rules may make it difficult to get compensation for your medical bills, lost wages, pain, and other damages.

Contact us today to schedule a free consultation with a car accident attorney in Tampa. We work on contingency. Therefore, you won’t owe any fees unless we win!

Table of Contents

How Roman Austin Personal Injury Lawyers Can Help After a Tampa Car Accident

Like we said, Florida’s insurance rules for auto insurance and auto accidents are complicated. You will first have to file a claim with your own insurer, regardless of who was responsible for the crash. In fact, you can only file a claim against the negligent party if you suffered serious injuries.

This process can make it hard to recover the money you need and deserve to move forward after a crash. Hiring our Tampa personal injury lawyers can make it easier. Established in 1996, Roman Austin Personal Injury Lawyers has been helping car crash victims and families in Tampa Bay for decades. We’ve recovered millions of dollars in life-changing awards to help our clients get back to normal life.

We’ve been recognized by top legal organizations for our outstanding record of success, such as Super Lawyers and Martindale-Hubbell. Our founding attorney is also board certified in civil trial law.

Best Car Accident Lawyers in Tampa Badge

We’ve also been recognized by top organizations for our success in car accident claims. Expertise has named us among the “Best Car Accident Lawyers in Tampa,” a hand-picked list of firms with top qualifications, reputations, years of experience, and professionalism. Only a handful of other firms can say the same.

We can help you recover the money you deserve after your crash. Hiring our law firm means that you can count on us to:

Explain your rights and options under Florida’s no-fault insurance system
Investigate your accident, identify liable parties, and gather evidence
Pinpoint your damages and calculate the value of your claim
Work with leading experts in various fields to prove your case (if necessary)
Take the lead during all communications and negotiations with the insurance company
Filing a lawsuit and represent you in court if the other side refuses to accept liability

Contact us today in Tampa, Florida, to schedule a free consultation. Our Tampa personal injury attorneys are standing by to help.

Tampa, FL Car Accident Statistics [2023 Update]

Florida is home to a high rate of car accidents. As of February 2023, there have been nearly 35,000 crashes throughout the state; these caused 21,866 injuries and 224 fatalities.

Hillsborough County has experienced 2,628 crashes so far this year. These accidents have caused 1,780 injuries and 13 deaths in the county. Over 100 of the 2023 collisions involved motorcycles or bicycles — nearly 80 involved pedestrians.

Almost 25% of the collisions in 2023 involved hit-and-run drivers. Thirty involved alcohol.

According to the Florida Department of Highway Safety and Motor Vehicles, there were:

2022: 28,342 crashes, 19,278 injuries, and 225 fatalities.
2021: 28,020 crashes, 18,692 injuries, and 271 fatalities.
2020: 24,168 crashes, 16,450 injuries, and 213 fatalities.

How Severe Are Car Accidents in Tampa Bay?

Car accidents in Tampa Bay tend to be serious, especially when driving in the Tampa-St. Petersburg area. Whether it’s congestion, tourism, or something else entirely, these accidents frequently cause injuries and wrongful deaths.

As of February 2023, almost 67% of car accidents in Hillsborough County have resulted in an injury. About 0.5% of these wrecks have resulted in a fatality. The statistics are similar in neighboring Pinellas County. In Pinellas, almost 60% of car accidents have caused injuries so far this year. Around 0.75% have caused a fatality.

Why Should I Hire a Car Accident Lawyer?

There are many reasons why you should hire an experienced car accident lawyer after a crash in Tampa. The four most important reasons are:

To level the playing field. The insurance company is not on your side. They will use their vast resources to fight your claim and devalue your damages. Your attorney will leverage their own resources and experience to strengthen your claim. They will protect you from the insurance companies’ aggressive tactics and ensure they pay fair compensation.
To comply with state law and insurance rules. Personal injury laws can get technical. One slip up, and you might lose your right to pursue compensation against the at-fault party. Your lawyer will provide guidance and help to comply with all personal injury laws and insurance rules, including statutes of limitations and filing deadlines.
To help maximize your compensation. Your attorney can help you identify all possible avenues for recovering compensation after your accident. They can also locate all the liable parties and ensure that each one pays their fair share of your damages.
To allow you to rest and recover. Car accident injuries often require a long recovery. However, you can’t fully rest and recover from your physical and mental injuries if you are working full-time on your personal injury case. Your legal team will work on all aspects of your case while you focus on your health.

Contact Roman Austin Personal Injury Lawyers to learn more about why you should hire a Tampa car accident lawyer.

How Much is My Tampa Car Accident Case Worth?

An attorney cannot tell you what your case is worth without evaluating the facts. However, there are several common factors that tend to influence the value of most cases.

The value of your case will depend on:

Available insurance coverages – especially whether the negligent driver has Bodily Injury Liability insurance.
The extent of your medical bills
Your lost income and diminished earning capacity (if any)
The pain and suffering you’ve experienced after the accident
Whether you share blame for the accident
The strength of your evidence

A car accident lawyer in Tampa can help you maximize the value of your case. They can also help you understand what your claim may be worth during a free consultation. Contact us today for a free case review.

What Type of Compensation is Available After My Car Accident?

There are two main types of compensation available in Tampa personal injury cases. Economic damages will cover your financial losses; non-economic damages will cover your personal, non-financial losses.

Economic damages include money for:

Medical expenses – past and future
Physical therapy and rehabilitation
Lost wages
Diminished earning potential
Out-of-pocket expenses
Property damage

Non-economic damages compensate for:

Pain and suffering
Emotional distress and anxiety
Mental anguish
PTSD
Scarring and disfigurement
Reduced quality of life
Loss of consortium

Rare cases may involve punitive damages. These damages punish an at-fault driver for intentional misconduct or gross negligence. Drunk driving cases may warrant punitive damages.

Common Types of Injuries in a Car Accident

A car accident can produce almost every type of injury imaginable. However, some are more common than others. The seriousness can often depend on the type of crash.

Common injuries can include:

If you suffered one of these injuries, you could be entitled to compensation. Contact our law office today for help pursuing compensation for all your car accident injuries.

Can I Still Recover Compensation If I’m Partially At-Fault for the Car Accident?

You can recover compensation if you are partially at fault for a motor vehicle accident, as long as you aren’t more at fault than the other party. Florida has a modified comparative fault rule for auto accidents with more than one at-fault party. If you share fault for a crash, your damages will be reduced to account for your percentage of blame. However, if your share of fault exceeds 50%, you’re barred from recovering compensation.

For example, suppose you have $75,000 in damages after the accident. Suppose a court or jury found you 20% responsible for the wreck because you were speeding before the accident. In this case, you could recover $60,000 (80%). If the jury had found you 51% at fault, you’d be entitled to nothing.

Insurance companies blame victims for their auto accidents in order to avoid full liability for their claim. Therefore, you should not take an accusation of comparative negligence as gospel. Instead, you should consult an experienced Tampa car accident attorney for help challenging the accusations.

When Should I Consult a Car Accident Attorney?

You should consider consulting a Tampa car accident lawyer after any accident involving moderate to serious injuries. An attorney can explain your rights and options for pursuing compensation. They can also help you understand the value of your case.

You should also consult a lawyer if:

You’re being accused of causing the accident
Your case involves multiple vehicles and disputed liability
Your case involves a commercial truck
Your case involves a rideshare corporation like Uber or Lyft
Your case involves a defective vehicle part

The above circumstances typically create complexities for your claim. Most attorneys offer free consultations, so there is no financial risk in getting legal advice about your claim.

How Do I Choose The Right Car Accident Lawyer?

How Do I Choose The Right Accident Lawyer?

There are many good lawyers out there. It can be hard to know which one is right for your car accident case. However, you can follow some general steps to ensure you pick the attorney that is right for you.

Here’s what you should look for:

Consider hiring a legal professional that specializes in car accidents – not just general practice
Make sure he has experience handling cases involving your type of car accident and injuries.
Check to see that he has experience taking cases to trial
Ensure that he has won favorable verdicts and settlements for their clients

This process will help you narrow down your list of suitable attorneys. If he or she is board certified in civil trial law, all the better.

Roman Austin Personal Injury Lawyers can help you understand how we can help with your case during a free consultation. Our founding attorney is board certified, and our legal team has decades of experience handling car accident cases. Let us explain why we are the right choice to handle your claim.

We Handle All Types of Car Accidents in Tampa

At Roman Austin Personal Injury Lawyers, we know that car wrecks can happen in a multitude of ways. We have experience handling all kinds of motor vehicle accident cases in Tampa.

We frequently represent victims of:

Head-on Crashes

Head-on crashes can cause some of the most devastating injuries, from concussions and broken bones to internal bleeding and more. A Tampa head-on crash lawyer can help you get compensation for these injuries.

Highway Crashes

Highway crashes occur at higher speeds and thus can result in dreadful injuries. Our Tampa highway crash attorneys will take on the insurance companies to get you the settlement you deserve.

Intersection Crashes

Intersection crashes are one of the most common wreck types in Tampa. If you’ve been injured in one of these accidents, you need a Tampa intersection crash lawyer on your side. We’ll fight for your rights and for full compensation.

Rear-end Car Crashes

Rear-end car crashes can cause whiplash, concussions, broken bones, and more. A Tampa rear-end car crash attorney can help you take on the insurance company and get the compensation you’re entitled to.

Rollover Accidents

Rollover accidents are terrifying and may cause drastic injuries. If you’ve been hurt in one of these crashes, you could be entitled to compensation. Our Tampa rollover accident lawyers can help you get justice in your case.

Single Vehicle Accidents

Although single-vehicle accidents only impact one driver, that doesn’t make the injuries that can result any less serious. If your insurance company is refusing to give you a fair settlement offer, a Tampa single-vehicle accident lawyer can help.

U-turn Car Accidents

Drivers that execute U-turns, do so under dangerous conditions, which can result in several types of accidents and injuries. A Tampa u-turn accident lawyer can help you take on the insurance companies and get your fair settlement.

Parking Lot Accidents

Although parking lot accidents usually take place at lower speeds, they can still be serious collisions. Our Tampa parking lot accident attorneys can help you get the compensation you’re entitled to.

Other common claims we handle:

T-Bone accident
Recreational vehicle crashes
Uber and Lyft accidents
Crashes involving a pedestrian, bicyclist, or motorcyclist
And more

If you were in one of these accidents, it’s important to seek qualified representation. Contact us for a free case review.

What Causes Most Car Accidents in Florida?

Car accidents have many causes. Some accidents even have more than one cause. The most common causes and scenarios of accidents in Florida are:

Distracted driving
Drowsy driving
Drunk driving
Failure to yield
Failure to look out
Self-driving car accidents
Ignoring traffic signals
Left-turns
Improper lane changes
Road defects
U-turns
Speeding
Vehicle defects
Flashy car color
Weather conditions

Most collisions are the result of driver error. That’s why the majority of car accident cases involve allegations of negligence.

Car Accident FAQs

How Can I Claim Compensation After a Car Accident?

Car accident victims have a few different options for recovering compensation after a crash. Florida is a no-fault insurance state. If you get into a crash, you will first file a claim under your PIP insurance to recover compensation for your injuries — regardless of who caused the crash.

Your PIP insurance will cover 80% of your medical bills and 60% of your lost wages, up to the policy limits.

Submitting a Car Insurance Claim Against the At-Fault Party

Basic PIP policies only offer $10,000 worth of coverage. Therefore, your policy may not cover the full range of your damages. If you suffered a serious injury, you can file a claim against the at-fault driver’s insurance company to recover full compensation.

However, Florida does not require drivers to purchase Bodily Injury Liability insurance. Moreover, the insurance provider will likely do everything possible to devalue or deny your claim. You may have to file a lawsuit against the at-fault driver to pursue fair compensation. A lawyer can help you understand your options for recovering compensation.

How Should I Deal with the Insurance Company?

The insurance company can be a tough adversary during your personal injury case. There are certain things you should and shouldn’t do when dealing with the insurer.

First of all, you should never speak with the insurance provider before consulting an attorney. They will often try to solicit a recorded statement from you. They will ask questions designed to trip you up and use your statements against you later on in your claim. That’s why you should let your attorney do the talking for you.

Second, you should never accept a settlement offer from the insurer without first reviewing it with your attorney. Insurance companies are infamous for offering quick, low-value settlements in hopes that you’ll take the money and go away. The first settlement offer will rarely account for all your damages.

Third, you should never agree to a medical records release. Insurance companies will try to get you to sign a waiver that gives them access to your medical records. They will then go on a fishing expedition to see if they can find pre-existing injuries they can link to your claim. They will use their findings to devalue your injuries.

Truly, the best way to deal with the insurance company is to let your Tampa car accident lawyer handle it for you.

What Are the Legal Elements of a Car Accident Case?

Most Tampa car accident cases involve allegations of negligence. Negligence claims require proof of four distinct legal elements.

You must prove:

Duty. All drivers have a duty to follow traffic laws and drive reasonably safely.
Breach. A driver typically breaches their duty by violating a traffic law, e.g. speeding, failing to yield, etc.
Causation. You must show the accident would not have happened had it not been for the driver’s breach of duty.
Damages. You must prove you suffered economic and/or non-economic damages after the crash.

A personal injury attorney will use many types of evidence to prove negligence. This evidence may include accident reports, citations, cell phone records, video/dash-cam footage, medical records, witness testimony, and expert testimony, to name a few.

How Long Do I Have to File a Car Accident Lawsuit in Florida?

The Florida statutes of limitations limit the amount of time you have to file a lawsuit after a car accident. Generally, you will now have two years to file a personal injury case. Historically, the state gave accident victims four years to file. However, on March 24, 2023, the deadline was shortened to two years – meaning crashes happening after that date are subject to the two-year limitation.

The clock will start ticking on the date of your crash. Car accidents involving wrongful death are subject to a two-year statute of limitations.

Cases involving minor children or government entities could have their own timelines. You should always consult an experienced attorney to identify the deadlines in your case.

If you fail to do this within the time limit, you will be barred from recovering compensation.

What Factors Can Affect My Car Accident Claim?

What Factors Can Affect My Accident Claim?

There are many different and important elements that can affect the value and strength of your car accident claim.

Some factors that may affect your claim include:

The seriousness of your injuries and damages
The strength of your evidence
Whether you share blame for the accident
Available insurance coverages
What parties share blame for your accident
The statute of limitations

There may be other variables that come into play depending on the circumstances of your accident. Contact Roman Austin Personal Injury Lawyers to learn what aspects will affect your case.

What Should I Do After a Car Accident?

The things you do after a collision in Tampa can impact various aspects of your life, from your health and well-being to your ability to recover fair compensation.

Here are a few steps to take if you were in a car accident in Florida:

Remain at the scene – otherwise, you may be charged with a hit-and-run.
Call the police. Many people wonder whether they need to call 911. You must immediately report any accidents causing injuries, death, or property damage of at least $500. Even if your collision doesn’t meet these requirements, it’s wise to involve law enforcement so that they can investigate and prepare a crash report.
Exchange information with the other driver, passengers, and eyewitnesses.
Collect evidence from the accident scene. This may include taking photos and videos of the location of the crash, property damage to vehicles and nearby structures, skid marks, and traffic conditions.
Obtain immediate medical care. Even if you don’t think you’re injured, you should see a physician for a checkup. This will protect your health and ensure there are no underlying, undiscovered injuries. It’ll also help establish that the collision caused any injuries you sustained.
Do not admit fault. Even if you think you’re responsible for the crash, never make statements to other drivers, the police, or adjusters regarding fault.
Contact a car accident attorney. You should seek legal advice before providing too much information to the insurance provider. An attorney knows how to communicate with adjusters and avoid making statements that will hurt your claim. You can tell them to direct all communications to your attorney to protect your right to fair compensation you deserve. Read on to learn which questions you could ask to your lawyer after the crash.

How Much Does It Cost To Hire a Car Accident Lawyer in Tampa, FL?

Most Tampa car accident attorneys – including our experienced legal advocates – don’t charge any upfront costs when you enter an attorney-client relationship. You will only pay fees if your lawyer obtains a favorable outcome in your car accident case.

After a collision, many people struggle financially. Contingency fee agreements allow all accident victims to retain experienced legal representation. If your case is successful, your attorney will deduct their fees from your jury award or settlement. If your lawyer doesn’t recover money on your behalf, you don’t owe them anything.

The contingency fee is usually a percentage between 33 to 40%, which you will agree upon at the beginning of your case. Our legal team works on a contingency fee basis, which means you pay nothing unless we win. We’ll ensure that you understand our fee structure and answer your questions during your initial consultation.

What Does PIP Insurance Cover?

Florida drivers are required to carry at least $10,000 in Personal Injury Protection (PIP) insurance. This no-fault auto insurance covers collisions regardless of who causes them. It is your first source of compensation after a car accident in Tampa, and you file a claim with your insurance provider.

PIP covers up to 80% of your reasonable and necessary medical expenses, including:

Ambulance bills
Medical treatment
Hospital bills
Surgery
X-rays
Nursing services
Dental
Rehabilitative services
Prosthetic devices
Follow-up healthcare services

You must receive initial medical care services within 14 days of the accident, or your medical benefits can be denied.

PIP also provides disability benefits covering up to 60% of the lost income caused by your accident injuries. This may include gross income, loss of earning capacity, and reasonable expenses incurred for necessary household services.

Who Can Be Held Liable for My Auto Accident Injuries?

The party responsible for your injuries will depend on the facts of your case and how the auto accident happened. Usually, that individual is someone who violated a traffic regulation or otherwise acted negligently in causing the crash.

However, other factors may come into play, including defective auto parts or lack of dedicated infrastructure, such as traffic lights.

Some potentially liable parties include:

Other drivers, truckers, and rideshare drivers
Trucking companies
Bicyclists
Pedestrians
Motorcyclists
Manufacturers of defective vehicle parts, like brakes, airbags, and tires
Employers of negligent employees who were driving in the course of their employment
Property owners
Government agencies

Sometimes multiple parties may share liability for a car crash in Florida; other times, it can be only one. They will each be financially responsible for the percentage of blame they shared in contributing to the collision.

Why Should I File a Car Accident Claim?

Filing a claim is likely your only option for pursuing compensation for your auto accident-related damages. Your first step is filing a claim with your PIP insurance provider, but this will only cover a portion of your medical bills and lost income.

If you sustained serious injuries or your damages exceed your policy limits, you may be able to file a claim against the negligent driver to recover additional compensation.

A car accident lawyer in Tampa will help you calculate your losses and identify potential avenues for financial recovery, including insurance claims, third-party claims, and more.

Do I Need a Lawyer If My Car Accident Was Minor?

Not all car accident claims require the assistance of an attorney. For example, if your collision was minor, no one sustained injuries, and there was minimal property damage, you can likely handle your case without legal representation.

But what if the other driver is uninsured? What if you discover hidden injuries later? What will you do if the insurance provider denies your claim or refuses to offer a fair settlement? These are all situations where it’s wise to seek legal advice to discuss your options.

Many people underestimate the severity of their injuries after a motor vehicle crash. What starts as a minor headache may actually be something more serious, like a brain injury. And if you don’t seek medical care right away, you risk your health and the ability to seek compensation.

You must seek medical treatment within 14 days of the accident, or your PIP benefits could be denied.

So, after a collision – even one that seems minor – you should see your doctor or visit an urgent care center to get checked out. Also, before you sign a settlement agreement from the insurance company, you should consult a car accident lawyer to determine if it’s a fair deal. Signing the agreement releases the company from liability – meaning you cannot ask for more money, even if you discover additional damages in the future.

Finally, don’t hesitate to contact a car accident lawyer, we will help you seek compensation for your injuries, even if the other driver doesn’t have insurance. We will put our expertise into your case!

What Are the Most Dangerous Roads and Intersections in Tampa, FL?

With Tampa being one of the most populous cities in Florida and a great hotspot for tourism, it’s no wonder that it is home to a great number of accidents.

A collision can happen anywhere and anytime due to various factors, including negligence, weather conditions, and poor infrastructure. However, some areas in Tampa and throughout the county area tend to experience more motor vehicle accidents than others.

According to a recent 2022 study based on data from the Hillsborough County Sheriff’s Office, three intersections in the county, all within the same corridor, were the site of over 900 collisions in a 16-month period.

Here are the dangerous intersections identified in the study:

U.S. 301 at Gibsonton Dr. – 367 accidents
U.S. 301 at Big Bend Rd. – 332 accidents
U.S. 301 at SR 674 – 207 accidents
N. Florida Avenue and E. Waters Avenue – 176 accidents
Lakewood Dr. and E. Dr. Martin Luther King Jr. Boulevard – 113 accidents
Fishhawk Boulevard and Boyette Rd. – 104 accidents
Big Bend Road. at Summerfield Boulevard – 97 accidents
Big Bend Road. and Summerfield Crossing Boulevard – 92 accidents
County Line Rd. and U.S. 41 – 76 accidents
Bill Tucker Rd. and U.S. 301 – 66 accidents

Other problematic intersections and roads around the Tampa Bay Area include:

Sheldon Rd. at W. Waters Avenue
Anderson Rd. at W. Waters Avenue
N. Himes Ave. at W. Waters Ave.
Hanley Rd. at W. Waters Avenue
E. Fletcher Ave. at Bruce B. Downs Blvd.
Bloomingdale Ave. at Bell Shoals Rd.
W. Hillsborough Ave. at Sheldon Rd.
Big Bend Road, U.S. 41 to I-75
Brandon Blvd., from Falkenburg Rd. to Dover Rd.
Gibsonton Dr./Boyette Rd.
Hillsborough Ave., from Longboat Blvd. to Florida Avenue
Lynn Turner Rd., from Gunn Hwy. to Ehrlich Rd.
Bruce B. Downs Blvd., from Fowler Ave. to Bearss Ave.

No matter where your crash occurred – whether on a dangerous stretch of highway or in a parking lot in Tampa – we are here to help.

Schedule a Free Consultation With Our Tampa Car Accident Attorneys

If you’ve been hurt in an auto accident in Tampa, FL, you may have several options for obtaining compensation for your medical bills, pain and suffering. Contact us to evaluate the facts of your case, determine who caused the collision, and identify every potential source of monetary recovery.

Call Roman Austin Personal Injury Lawyers today to speak with an experienced Tampa car accident lawyer. Let us work with you. We’re ready to fight for you and win. Our law firm offers a free, no-obligation consultation, so there’s no risk in reaching out for our legal advice.

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Auto Repair Shops Near Our Law Office

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