How Do You File a Claim After a Car Accident in Tampa?

In Tampa and throughout Florida, car accident cases usually involve personal injuries resulting from negligence.

You will begin by filing an insurance claim with your no-fault insurance company and, if you meet the requirements, with the at-fault driver’s insurance company as well. Always have an experienced Tampa car accident attorney handle the process, whether filing a no-fault claim or fault-based claim.

• The Tampa, FL driver who injured you owed you a duty of care. Since the other driver assumed that duty of care when they accepted a driver’s license, this one is usually not difficult to prove. Every driver must follow all traffic laws, pay attention to the road, and drive in a reasonably safe manner to prevent accidents and injuries. Drivers owe this duty to other drivers, passengers, motorcyclists, bicyclists, pedestrians, and others on the road.
• The person who injured you breached that duty of care. At its simplest, this breach simply means that the at-fault driver failed to drive carefully. This breach can mean that the driver violated the speed limit, ignored traffic signs or signals, changed lanes recklessly, ignored bad weather, or drove under the influence. Whatever demonstrates the lack of care, that lack is a breach of the duty of care.
• The breach of the duty of care by the at-fault driver caused your injury. Caused means two things in this context. First, it means that, but for the careless actions of the at-fault driver, your injury would not have happened. Second, it means that the at-fault driver should have reasonably foreseen that your injury will result from the careless act.
• You suffered compensable damages from the injury. Damages can include bills for medical care, as well as lost wages and pain and suffering.  If your injuries are such that you can be made whole by financial compensation, you have met the standard for recovering in a negligence lawsuit.

This might seem straightforward, but proving negligence and liability for a Tampa auto crash can be anything but simple. You want Tampa car accident lawyers handling this process from the very start.

What Are Common Injuries in a Car Accident?

The Tampa area has a huge percentage of the state’s car accidents. A recent year saw more than 24,000 crashes causing at least 16,450 injuries.

These car accidents cause many utterly devastating and life-changing physical injuries, including:

• Spinal Cord Injuries – Spinal cord injuries result from vertebral fractures or the twisting and tossing that happens to passengers when a vehicle gets hit. Either can result in bruises or tears to the nerve tissue in the spine, causing permanent or temporary loss of function or sensation.
• Head and Neck Injuries – Head and neck injuries include fractures, bruises, and whiplash. Not all fractures are severe, but you should not ignore them. Fractures of the skull can cause significant brain damage. In contrast, fractures of the cervical vertebrae of the spine can lead to temporary or permanent paralysis. Many people treat whiplash as a joke, but it can lead to a lifetime of chronic pain, as well as reduce your ability to turn your head.
• Traumatic Brain Injuries – Medical professionals historically described traumatic brain injuries (TBI) as ranging from mild to severe. Today, we recognize that even a so-called mild concussion can lead to long-term severe brain damage, and we should never treat it as mild or minor. A “mild” concussion only presents that way at the point of diagnosis to a physician. It may still cause immense and long-lasting symptoms.
• Internal Injuries – Internal injuries can involve broken ribs, which carry the danger of punctured lungs, severe injuries to other vital organs, or hard to control internal bleeding. All of these life-threatening car accident injuries need immediate treatment and long-term care.
• Fractures, Sprains, and Tears – Car accidents can cause a heavy mass to land on victims, making for crushing fractures and impact fractures inside the vehicle when the passenger gets thrown about. Muscles and ligaments can also be torn or stretched. In either case, the fractures or tears lead to infections sets or the loss of a limb.
• Burns and Scarring – Between volatile fuels and shattering glass, burns, and scars are common in car accidents. Burns are painful and require long-term painful treatments. These treatments can leave behind significant scars. The cuts and abrasions suffered in an accident can also leave scarring. Victims with significant scarring can develop emotional problems relating to shame regarding their physical appearance, leading to an inability to work or deal with the outside world.

Our Tampa car accident lawyers handle claims involving a wide range of injuries, and you should never assume your injury is too serious or minor to reach out to our firm for help.

What Damages Can My Tampa Car Accident Lawyer Recover?

How much is my Tampa car accident case worth? That is a question we hear all the time. Injured auto accident victims naturally want to know how much compensation they can recover after a crash. That’s because many of them are facing mounding medical bills and unpaid living expenses with no way of collecting their paychecks.

When you meet with a Tampa car accident attorney in a free evaluation, your lawyer can review the particular details of your case and determine how much your personal injury lawsuit is worth. 

In general, however, you can recover damages from your personal injury protection policy, your insurance company or from the at-fault driver’s insurance company for all the different losses you suffer in a car accident.

The major damages you can recover include:

• Medical Expenses – These include all your medical care, doctor bills, hospital costs, healthcare personnel costs, drugs, medical treatment, equipment rentals, physical therapy, and rehabilitation costs. If your injuries are severe, you might need ongoing care, and our legal team is sure to take future medical bills into account.
• Property Damage – If you suffered significant injuries in your accident, your car likely sustained substantial damage as well. The costs of vehicle repair or replacement are also recoverable.
• Lost Wages – If you have been forced to take time off work and have lost income from doing so, those lost wages are damages you can recover. You will need to provide copies of previous pay stubs to demonstrate what you would have made if you had not missed the work.
• Loss of Earning Capacity – If your injuries mean that you will be unable to return to work, or at least return to the work you used to do, you will probably experience a long-term reduction in your income. This long-term loss in your income potential does represent damages that you can recover. You will probably need expert testimony to calculate the losses you will experience from the change.
• Pain and suffering – You can recover compensation for the physical pain and suffering you experience due to your injuries and their effects.
• Loss of Motor Function – Sometimes, your accident doesn’t paralyze you, but it does impact the motor skills you have developed in your life. If the loss is minor and your job does not require those skills, the impact may not be great. On the other hand, if you work with fine motor skills like working in computers or jewelry, the loss of even a tiny amount of your fine motor skills can be devastating in the long term. Again, expert testimony will establish the extent of your loss.
• Loss of Executive Function – Highly skilled professional or executive jobs require specific cognitive skills that one can lose in a head injury. Since the positions that require executive function can generate high income, the loss of executive function can be utterly destructive of your pre-existing lifestyle.
• Emotional Damages – The loss of physical or mental function can cause long-term emotional damage to the victim. Scarring can damage the self-confidence and social skills of the victim. In contrast, the loss of previous mental or physical skills can diminish the ego by reducing the ability to work and earn the living one expects. Lifelong shame, depression, and the loss of joy in life can result.

Who is To Blame for Your Injuries and Damages?

Car accidents in Tampa can be the fault of many different parties. But, of course, other drivers are the most apparent at-fault party. Still, it’s not always other drivers, or other drivers may be responsible in addition to other parties. ​

Government Agencies

Sometimes government agencies in Tampa can be liable for a car accident. For example, if the accident involved a poorly designed road, a malfunctioning traffic light, or a missing road sign, you might hold a government agency liable. ​

Auto or Auto Parts Manufacturers

Companies that design, make, and market cars and car parts are responsible for ensuring their products are safe. You may hold those companies liable for damages if a design flaw or manufacturing defect causes a car accident. For instance, if a car’s brake pads were faulty and caused its driver to hit another vehicle.​

Employers

Many drivers on the road are there in the scope of their employment. They deliver packages, flowers, gifts, food, and many other goods. Or they may be heading to a construction site or meeting with a client. At any rate, if a driver is on the clock and they cause an accident, the employer can also be liable for your injuries. ​

Owners of Other Vehicles

If another driver hits you and they don’t own the car they hit you with, you may have a claim against the vehicle’s owner. For example, suppose a teen driver hit you in their parents’ car. In that case, you likely have a claim against the parent who is the vehicle’s registered owner in addition to the teen who hit you.​

What Happens When Multiple Parties are Liable?

Sometimes, multiple parties can be liable for one Tampa car accident. For example, one driver rear-ended another driver, pushing them into an intersection and causing them to T-bone a third vehicle. Suppose a delivery truck driver hits you. In that case, the driver and their employer can both be liable for your car accident injuries. Perhaps your accident resulted from a poorly configured construction zone, which can leave another driver and the construction company liable.

No matter which parties caused your accident, have an experienced personal injury lawyer represent you. Why? Because you, unfortunately, can’t rely on insurance companies to prioritize your best interests. They hire accident investigators who will determine liability for multi-car accidents. However, those investigators are essentially paid to find evidence that someone other than the insurance company’s client bears liability.

Seasoned Tampa car accident lawyer will look out for you, not the insurance company or anyone else. Often a car accident lawyer will begin by filing claims against all the other drivers’ insurance companies. Then they will conduct their own investigation to determine who is at fault for the car accident. Depending upon the complexity of the accident, the severity of your injuries, and the number of parties involved, your attorney may hire a private investigator or an accident reconstructionist to help them determine how the accident happened and who is really to blame.

Among many other things, our Tampa auto accident lawyer can also:

• Obtain sworn witness statements
• File subpoenas to discover all available insurance policies and coverage limits for each driver involved
• Run asset checks on the at-fault parties​

How to Build Your Tampa Car Accident Case 

Each damage you claim requires evidence. Lost wages and loss of earning capacity, for example, require the documents showing what you used to earn and have missed so far.

Loss of earning capacity will also require expert testimony to prove, had you not suffered an injury, what you would have earned, what promotions and raises you may have received, and how inflation might affect your income and savings.

For expenses like long-term medical costs and rehabilitation, as well as assistive care, you will need expert medical testimony. Testimony will establish how long you will need care and its costs.

Rehabilitation involves service personnel, paid for by the session, and may require that you purchase equipment to aid in your rehab or make your home more user-friendly for your post-accident condition.

For emotional expenses like depression, other mood disorders, and loss of cognitive function, psychiatric expert testimony is necessary. Psychiatric therapy is expensive and can take years to work.

Trying to recover from the loss of executive function takes psychological therapy and may never be fully recovered. These damages require long-term treatment and rehabilitation and may never go away. Their impact on your life can be equally intractable.

Building a Tampa motor vehicle accident case means collecting evidence and interviewing eyewitnesses. That can take time and work! For this reason alone, injured car crash victims should have an experienced attorney in their corner. Automobile accidents are complex and gathering evidence takes experience. At Boohoff Law Firm, our Tampa auto accident lawyers have years of experience handling these types of car accident claims and we know how to win! 

How Long Do I Have to File a Tampa Car Accident Claim?

In Florida, motor vehicle accident victims must file a personal injury lawsuit within four years of the date of the accident, according to Florida Statutes section 95.11(3)(a). This is known as the statute of limitations. If you miss this deadline, you cannot file a future claim seeking compensation. 

While four years might seem like a long time, it can pass quickly, especially when car crash victims have extensive injuries. In addition, valuable evidence is often lost and eyewitnesses forget crucial details if you wait too long after your accident. 

For these reasons, it is important to contact an experienced Tampa car accident lawyer immediately after your injury accident. Your experienced car accident attorney will gather all the necessary evidence, interview eyewitnesses, gain copies of the police report, and ensure that you do not miss any crucial deadlines.

Types of Car Accidents

Every car accident is unique and can cause various injuries and property damage. The kind of car accident you are involved in doesn’t necessarily impact the degree of your injuries. You can have a minor rear-end accident at low speeds and still sustain a severe neck or back injury. On the other hand, you can walk away from a high-speed rollover accident with just a few bumps and scrapes. Common types of car accidents include:​

• Head-On Collisions. Head-on collisions usually result from driver negligence. Unfortunately, these crashes are among the most devastating, often causing severe, fatal, or catastrophic injuries.​
• Highway Construction Accidents. Construction companies are responsible for doing all they can to prevent accidents in construction zones. Motorists should drive cautiously in highway construction areas, adhering to the posted construction speed limits.​
• Intersection Accidents. Intersection accidents are usually the result of driver error, which can often stem from their negligence. For example, distraction or speeding can cause drivers to run red lights. ​
• Interstate Accidents. Accidents occurring on the interstate can be more serious because of the speeds at which the cars travel. They also often involve multiple vehicles, making the accident more complex.
• Rear-End Accidents. Rear-end accidents are arguably the most common types of motor vehicle accidents. They can often cause a medical condition called “whiplash.” Even at low speeds, these crashes can cause serious injuries.​
• Side-Impact Accidents. Side-impact accidents are also frequent, usually occurring at intersections. These T-bone accidents can cause severe injuries depending on what part of the vehicle gets struck.
• Rollover Accidents. Rollover accidents can cause injuries, especially if those in the vehicle aren’t wearing their seatbelts. They can happen if a driver falls asleep at the wheel, becomes distracted, or even due to roadway hazards and a driver overcorrects a mistake. ​

Common Causes of Motor Vehicle Collisions

Although many different parties can be found liable for a car accident, the negligence of other drivers is a frequent cause of most car accidents. Their negligence usually arises from one or more of the following:​

Distracted Driving

Distracted driving is one of the top causes of motor vehicle accidents in every state. Despite what some might say, the human brain isn’t capable of focusing on multiple tasks at one time. Suppose a motorist is talking on the phone, texting, using social media, grooming, reading, or even drinking or eating while behind the wheel. In that case, the brain must switch between tasks and can’t consistently focus on the road. ​

Driver Inexperience

Many drivers simply lack the knowledge and experience to drive as safely as needed on U.S. roads. Unfortunately, this leads to many accidents, injuries, and fatalities yearly. ​

Drug or Alcohol Use

Alcohol, marijuana, illicit drugs, and even prescription medications can cause a driver to be unable to make sound judgment calls or react appropriately behind the wheel. Far too many people think they are okay to drive when they are not. They put everyone on the road in grave danger when they get behind the wheel. ​Drunk driving in Tampa is one of the leading causes of injury and death on the road. 

Speeding

Unfortunately, in most cities, drivers speed all the time. These drivers make for dangerous roads, whether they are simply keeping up with traffic, running late to an appointment, or work not paying attention. In addition, many drivers don’t adjust their speeds in poor weather, road conditions, or even construction zones. ​

Failing to Stop at Red Lights and Stop Signs

About 40 percent of car accidents happen at intersections, with the primary cause being a vehicle running a red light or a stop sign. Far too many drivers ignore these important signs and signals, causing others to suffer terrible injuries, some of them fatal.​

Reckless Driving

Reckless driving can take on many forms, including:

• Changing lanes too quickly
• Blatantly disregarding the safety or property of others sharing the road
• Intentionally failing to abide by cautionary measures

Even though drivers who drive this way may not want to hurt others, they certainly put them at risk. ​

Aggressive Driving

Intentional traffic offenses that endanger other drivers or their property, including speeding, are examples of aggressive driving. Sometimes drivers are aggressive for no particular reason, and other times, they are aggressive because they feel another driver wronged them. But, no matter the root cause, aggressive driving is hazardous. ​

Fatigue

At least 50 percent of American adults say they have been behind the wheel drowsy. A frightening 20 percent of drivers have fallen asleep at the wheel. Furthermore, one in 25 drivers had fallen asleep at the wheel last month in the past year. Drowsy driving is responsible for a large percentage of road traffic accidents. Still, it doesn’t get nearly as much attention as intoxicated driving.

Drowsiness, fatigue, or exhaustion can impair a driver’s ability to respond competently, react, or discern road and driving conditions. In fact, the effects of drowsiness and fatigue are similar to intoxicated driving. ​

Tampa Accident Statistics

According to the Florida Highway Safety and Motor Vehicles (FHSMV), last year alone, Hillsborough County had:

• 28,021 motor vehicle crashes
• 273 fatalities from 256 crashes
• 18,691 injures from 12,156 crashes
• 7,321 hit-and-run crashes
• 1,927 hit-and-run injuries

If you or someone you love was involved in one of these accidents, it’s in your best interest to reach out to an experienced Tampa car accident attorney as soon as possible. The sooner you reach out for help, the sooner they can begin collecting evidence and protecting your interests.​

Tampa’s Most Dangerous Roads and Intersections

When it comes to motor vehicle accidents, many of Tampa’s roads and intersections are notorious for their hazards. In fact, a single Tampa road is home to several hazardous intersections. Waters Avenue West contains the three most dangerous intersections in Hillsborough County.

One study examined the number of crashes during a recent year. It revealed that the ten most dangerous intersections in the Tampa area include:

• Sheldon Road at Waters Avenue West (107 crashes)
• Anderson Road at Waters Avenue West (103 crashes)
• Waters Avenue West at Hanley Road (98 crashes)
• Hillsborough Avenue West at Sheldon Road (96 crashes)
• 301 Highway South at Gibsonton Drive (95 crashes)
• Waters Avenue at Himes Avenue North (89 crashes)
• 301 Highway South at Big Bend Road (86 crashes)
• Bruce B. Downs Blvd at Fletcher Avenue East (84 crashes)
• Bloomingdale Avenue at Bell Shoals Road (82 crashes)
• Bloomingdale Avenue at Providence Road (81 crashes)

According to data from the Hillsborough County Sheriff’s Office, there are problematic intersections across the Tampa Bay area. Why are so many intersections in Tampa dangerous? Perhaps one reason is that the average work commute is getting longer throughout the Tampa area.

U.S. Census data shows that approximately 20 percent of Tampa residents spend over 45 minutes commuting to work every day. Additionally, about 117,000 Tampa residents spend more than an hour driving to work and then repeating it on the way home every day.

Crowded roadways also lead to driver frustration. Frustrated drivers are more likely to violate traffic laws to reduce their commute by a few minutes, increasing the total number of car accidents.

Other dangerous roads in and around Tampa include:

• U.S. 301 and Gibsonton Drive, Riverview
• Busch Boulevard
• 15th Street between Fowler and Fletcher Avenues
• Lois and Bay-to-Bay
• Gibsonton Drive/Boyette Road from I-75 to Balm Riverview Road
• Brandon Boulevard from Falkenburg Road to Dover Road
• Hillsborough Avenue from Longboat Boulevard to Florida Avenue
• Fletcher Avenue from Armenia Avenue to 50th Street
• Dale Mabry from Hillsborough Avenue to Bears Avenue
• Lynn Turner from Gunn Highway to Ehrlich Road
• Meridian Avenue from Channelside Drive to Twiggs Street
• Bruce B. Downs from Fowler Avenue to Bearss Avenue
• 50th/56th St. from MLK Boulevard to Hillsborough Avenue​

Contact a Tampa Car Accident Attorney Today

If you’re concentrating on getting back to normal after you or a loved one survived a Florida car accident, you need someone to fight by your side.

Let the skilled car accident attorneys at Boohoff Law’s Tampa office take charge of your battle. Contact us online today or call (813) 725-5606 for a free initial consultation and case evaluation. Let us work with you to recover physically and emotionally while we help you recover financially.

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Boohoff Law P.A. Tampa, Florida Location

829 W Dr Martin Luther King Jr Blvd
Tampa, FL 33603
Phone: (813) 536-6221

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