Florida Car Accident Lawyers

Understanding Florida’s No-Fault Insurance Laws

Florida has a no-fault auto insurance system. While this system was designed to make it easier for people to access medical coverage after a crash, insurance will not always cover you if you have been in a serious crash.

Every driver in Florida must carry at least $10,000 in Personal Injury Protection (PIP) coverage. After an accident, you first turn to your own PIP insurance for medical bills and certain lost wages, regardless of who caused the crash.

The problem is that PIP rarely covers all your losses. Serious injuries can quickly exceed that $10,000 limit, leaving victims with thousands in unpaid medical expenses. That’s where an experienced car accident lawyer can step in to pursue additional compensation from the at-fault driver’s insurance.

Florida law allows you to step outside the no-fault system and file a claim against the negligent driver if your injuries are considered “serious.” Examples include:

• Significant and permanent loss of an important bodily function.
• Permanent injury within a reasonable degree of medical probability.
• Significant and permanent scarring or disfigurement.
• Fatalities.

If you’ve suffered a broken bone in a crash on the Dolphin Expressway or ongoing back pain after a collision in Kendall, you may have the right to pursue damages beyond PIP, including pain and suffering and property damage.

Insurance companies know Florida’s no-fault laws inside and out. Many try to use them to limit what victims can recover. In addition, many victims of car accidents are not aware that they qualify for more than PIP or are not sure whether their accident qualifies as “serious.” That’s why we encourage you to always contact us if you have been injured. In a free, no obligation case consultation we can review all your options and may even be able to explain whether your claim could be worth more than you initially thought.

Common Causes of Car Accidents Across Florida

From I-95 traffic jams in Miami to the winding stretches of Alligator Alley across the Everglades, Florida drivers face hazards daily. While each crash has unique details, many accidents in our state share common causes, such as:

• Distracted driving. Smartphones have made multitasking behind the wheel more tempting than ever. On Biscayne Boulevard, A1A near Fort Lauderdale beach, or even smaller roads like Pembroke Road, it’s common to see drivers texting, checking maps, or scrolling. Unfortunately, just a few seconds of distraction can lead to a devastating crash.
• Aggressive driving. South Florida highways are notorious for drivers weaving through lanes at high speeds. On I-595 or the Dolphin Expressway, it’s not unusual to see cars darting between slower vehicles. Speeding reduces reaction time and increases the severity of injuries when accidents happen.
• Drunk or drugged driving. Late-night crashes on US-1 or around entertainment districts in Miami, Fort Lauderdale, and other cities often involve impaired drivers. Alcohol and drugs slow reflexes and impair judgment, making it far more likely for accidents to occur.
• Poor weather conditions. Florida’s sudden afternoon downpours and severe storms turn roads into slick, dangerous stretches within minutes. Hydroplaning, reduced visibility, and multi-car pileups are common when storms roll in.
• Intersection collisions. Busy intersections such as University Drive and Broward Boulevard or Bird Road and 87th Avenue in Miami see frequent red-light violations and left-turn crashes. Intersections are among the most dangerous spots in Florida for side-impact collisions, which often cause serious injuries.
• Fatigued driving. With Florida’s large tourism and trucking industries, fatigue-related crashes are common. Long-haul truck drivers on I-95 or families driving overnight to Orlando theme parks may not realize how impaired they are when drowsy.

In many cases, there are even multiple causes of car accidents. For example, a driver may be impaired and under the influence, which ultimately leads to a crash.

Injuries Frequently Sustained in Auto Collisions

The sudden impact of a car accident and being thrown around the inside of the car can cause serious injuries. The injuries you suffer will depend on the accident, your safety systems, and other factors, but you may suffer:

• Neck and back injuries. Whiplash is one of the most common injuries after rear-end collisions on congested roads. Victims may suffer lasting pain, stiffness, and headaches. More serious spinal injuries can cause nerve damage or even paralysis.
• Broken bones. Intersection collisions often lead to side-impact crashes that shatter bones in the arms, legs, or ribs. These injuries typically require lengthy recovery and may prevent you from working.
• Brain injuries. Concussions and traumatic brain injuries can result from even moderate-speed accidents. These injuries can leave you with ongoing memory issues, dizziness, or cognitive impairment.
• Internal injuries. Seatbelts and airbags save lives but can also cause internal bruising or bleeding. Blunt-force trauma from hitting the steering wheel or dashboard may damage organs. These injuries can be life-threatening if untreated.
• Emotional trauma. Post-traumatic stress disorder is not uncommon and can be just as disruptive as physical injuries.

Not all injuries are obvious right away. Head injuries, for example, may leave you feeling fine initially, but may be life-threatening. Waiting until you develop a headache can mean a much worse prognosis. Soft tissue injuries and even hairline fractures can also have very subtle symptoms at first, too. Never assume you are okay after an accident. If you have been in a crash, seek medical attention immediately.

Who May Be Liable in a Florida Car Accident

Florida’s no-fault system requires you to turn to your own insurance first, but in many cases, additional parties may share liability. Identifying them is key to maximizing your recovery. Liable parties in your case may include:

• Other drivers. The most common liable party is, of course, another driver. A speeding motorist on Collins Avenue or a distracted driver on Colonial Drive in Orlando may be held accountable for your injuries once damages exceed no-fault coverage.
• Employers. If the other driver was working at the time, as a rideshare or delivery driver, for example, their employer or the rideshare company may also bear responsibility.
• Vehicle manufacturers. Defective brakes, airbags, or tires can cause accidents. When a mechanical failure contributes to a crash, the manufacturer or distributor may be liable under product liability law.
• Government entities. In some cases, poorly maintained roads, missing signage, or malfunctioning traffic signals contribute to accidents. In these sorts of cases, the municipality where the accident happened may share liability. These cases require careful handling because claims against government agencies have strict deadlines and procedures.

Many Florida car accidents involve complex liability questions. For example, a crash on the Turnpike may involve a fatigued truck driver, a trucking company pushing unrealistic schedules, and a defective tire manufacturer. An experienced attorney can pursue claims against all responsible parties to ensure you receive full compensation.

How a Florida Car Accident Lawyer Can Help

Most people feel unprepared for the storm of challenges that follows a car accident. Between emergency room visits at Jackson Memorial, physical therapy appointments in Homestead, and endless calls with insurance representatives, trying to deal with the aftermath of a collision can feel like a full-time job. On top of that, you may be unable to work, which can put additional financial pressure on you.

Experienced Florida car accident lawyers are there to explain your rights. They can help you avoid common mistakes, such as accepting a low-ball offer from insurance companies. They can also inform you of your rights, help you figure out what to do next, and take care of many of the details for you. While you focus on healing from your injuries, your lawyer will take care of the paperwork and seek compensation for you.

In many cases, working with Florida car accident lawyers can help you get fairer compensation compared with what you might secure by dealing with insurance companies alone. Car accident attorneys in Florida know what your claim is worth and know how insurance companies operate. This helps them fight back when insurers try to offer you too little.

Dealing With Insurance Adjusters After a Crash

Almost everyone injured in a Florida car accident gets a call from an insurance adjuster within days. At first, the adjuster may seem friendly, but their job is to save the insurance company money, not help you recover.

There are many tactics insurance companies use to try to offer you less than you may need for all your injuries and losses:

• Quick settlement offers. While tempting, early offers are often far less than what your case is worth, especially before the full extent of your injuries is known.
• Recorded statements. Adjusters often ask to record your statement “to speed things along.” In reality, they’re looking for inconsistencies they can use against you later.
• Minimizing injuries. You may hear comments like, “That type of collision usually doesn’t cause lasting pain.” These tactics are designed to push you into settling for less.
• Shifting blame. Even if the other driver rear-ended you on A1A in Fort Lauderdale or on a street in Hollywood, insurers may suggest you were partially responsible to reduce payouts.

When you hire Flaxman Law Group, we immediately take over all communication with insurance companies. You won’t have to field stressful calls or risk saying something that could harm your claim. Because of our background in insurance defense and claims adjusting, we recognize every trick in the book. We know when an adjuster is undervaluing medical costs, when they’re delaying to wear you down, and when they’re pushing an unfair narrative.