Steven A. Bagen | August 13, 2025 | Uncategorized
Florida ranks among the nation’s most dangerous states for motor vehicle accidents, with hundreds of thousands of crashes annually resulting in injuries and fatalities. According to the Florida Department of Highway Safety and Motor Vehicles, our state saw 394,865 traffic accidents in a single recent year, leading to 252,240 injuries and 3,405 deaths.
Most serious crashes result from preventable human errors, including distracted driving, speeding, and impaired driving, making them acts of negligence.
Accident victims face numerous challenges beyond physical recovery, including dealing with insurance companies, gathering evidence, calculating damages, and the emotional toll that can impact you for the rest of your life. The legal process requires proving negligence, documenting injuries, and dealing with procedural requirements that determine the success of your claim.
Our role is to handle the legal and financial pressures so you can focus on your recovery. The path to holding the at-fault party accountable is our responsibility, not yours.
Call Steven A. Bagen & Associates, P.A. at (800) 800-2575 for a free consultation.
Florida motor vehicle accident statistics and what they mean for your recovery
With nearly 395,000 crashes a year causing over 252,000 injuries and 3,400 deaths, Florida ranks among the most dangerous states for drivers.
- Top causes: Distracted driving, speeding, and impairment account for most serious crashes.
- Common injuries: Whiplash, traumatic brain injuries, spinal cord damage, and internal injuries often require long-term care.
- Financial reality: PIP covers only up to $10,000, leaving victims to seek compensation from at-fault drivers for medical costs, lost income, and pain and suffering.
- Comparative negligence: You can recover damages if you’re 50% or less at fault; awards are reduced by your fault percentage.
- Strict deadlines: You have 2 years from the crash date to file a lawsuit in Florida.
- Protect your claim: Get prompt medical care, document your recovery, avoid early insurer settlements, and stay off social media.
An attorney can gather evidence, prove negligence, and pursue full compensation while you focus on healing.
Why Do These Crashes Happen?
According to the National Highway Traffic Safety Administration (NHTSA), approximately 94% of all serious crashes are caused by human error. This means that in nearly every case, the accident could have been prevented if a driver had made a different, safer choice.
The “Big Three” Causes of Negligence on the Road
- Distracted Driving: Distracted driving encompasses any activity that takes a driver’s attention away from the road, such as texting, interacting with a vehicle’s touchscreen, eating, or even being lost in thought.
- Speeding and Aggressive Driving: Exceeding the posted speed limit or driving too fast for the current road or weather conditions is a major factor in accident severity. Higher speeds reduce a driver’s reaction time and dramatically increase the forces involved in a collision, leading to more serious injuries.
- Impaired Driving: Despite decades of public awareness campaigns, driving under the influence of alcohol or drugs remains a leading cause of fatal crashes in Florida and across the U.S. Any substance that impairs judgment, coordination, or reaction time makes operating a vehicle exceptionally dangerous.
How This Connects to Your Case
The legal foundation of your case rests on proving that the other driver was negligent. Negligence is a legal concept that simply means the other party failed to act with reasonable care, and that failure caused your injuries.
When our firm investigates an accident, we seek concrete evidence of these negligent behaviors. This could involve obtaining cell phone records to show texting at the time of the crash, interviewing witnesses who saw the other driver speeding, or analyzing data from the vehicle’s event data recorder (the “black box”) to reconstruct the moments before impact.
The Ripple Effect: How a Crash Rewrites Your Life
The initial impact of a car accident is just the beginning. The consequences touch every area of your life, from your physical health to your financial stability.
Beyond the Initial Impact: Common Injuries
The forces unleashed in a car crash can cause a wide range of injuries, some of which may not be immediately apparent.
- Whiplash: A common neck injury caused by the rapid back-and-forth motion of the head. It can lead to chronic pain, stiffness, and headaches.
- Traumatic Brain Injuries (TBIs): A seemingly mild concussion can have lingering effects on memory, concentration, and mood, while more severe TBIs can result in permanent cognitive or physical disabilities.
- Spinal Cord Injuries: Damage to the spinal cord is among the most catastrophic injuries, potentially leading to partial or complete paralysis and a lifetime of medical care.
- Internal Injuries: The force of an impact can cause damage to internal organs, leading to bleeding and other life-threatening complications that require immediate medical intervention.
The Financial Domino Effect
As required by Florida’s no-fault law, your own Personal Injury Protection (PIP) coverage is the first source of payment for your medical bills and lost wages. It provides up to $10,000 in benefits, regardless of who caused the accident.
However, this is emergency financial first aid, not a complete solution. A single trip to the emergency room easily exhausts the full $10,000 PIP benefit. Once that happens, this is when the financial dominoes begin to fall:
- Mounting Medical Bills: Each envelope that arrives from a hospital, surgeon, or physical therapist is a reminder of the growing financial burden.
- Lost Income: Being unable to work means watching your savings dwindle while your regular bills continue to arrive.
- Property Damage: On top of everything else, you are faced with the cost and hassle of repairing or replacing your vehicle, which is in many cases your lifeline to work and daily life.
The Path to Accountability: How the Law Responds to Negligence
When your PIP benefits are exhausted and the bills are still piling up, it’s easy to feel like the system is failing you. You have the right to step outside the no-fault system and hold them directly accountable for the full extent of your losses.
Seeking Compensation Beyond PIP
Filing a claim against the at-fault driver’s insurance company is known as a liability claim. Our entire focus in this process is to gather the evidence needed to prove that the other driver was legally responsible for the crash and, therefore, for the damages you have suffered.
What Are “Damages”?
In the legal world, damages refer to the money awarded to an injured person to compensate for their losses. The goal is to restore you, as much as money can, to the position you were in before the accident. Damages are typically broken down into two main types:
- Economic Damages: These are the tangible, out-of-pocket costs you have incurred. They include all past and future medical expenses, lost wages and earning capacity, and property damage. We use bills, receipts, and expert financial projections to calculate these losses precisely.
- Non-Economic Damages: These are losses that don’t come with a price tag but are just as real. They are meant to compensate you for the human cost of the accident, including your physical pain, emotional distress, and the loss of your ability to enjoy life’s activities.
Florida’s Rule of Comparative Negligence
What happens if the other driver’s insurance company tries to shift some of the blame onto you? This is a common tactic. Florida law addresses this situation with a rule called modified comparative negligence.
This rule states that you can still recover damages even if you were partially at fault, as long as your share of the fault is not greater than 50%. Your total compensation award will be reduced by your percentage of fault. For instance, if you were found to be 20% at fault for an accident and your total damages were $100,000, you would be able to recover $80,000. However, if you are found to be 51% or more at fault, you are barred from recovering any damages at all.
A Critical Deadline: The Statute of Limitations
There is a strict time limit for filing a personal injury lawsuit in Florida. This deadline is known as the statute of limitations. For most negligence claims, including car accidents, you must file your lawsuit within two years of the date of the crash.
This is not a suggestion; it is an absolute deadline. If you miss it, the court will refuse to hear your case, and you will lose your right to seek compensation from the at-fault party forever. This is one of the most compelling reasons to consult with an attorney as soon as possible after an accident.
What You Can Do From Home to Protect Your Claim
While your legal team handles the investigation and negotiations, there are steps you can take to protect your rights and strengthen your case.
Focus on Your Medical Treatment
Your health should be your absolute top priority. Following your doctor’s advice is not only essential for your recovery but also for your legal claim.
Attend every single doctor’s appointment, physical therapy session, and specialist consultation. Don’t downplay your symptoms or pain levels when speaking with medical providers. Your medical records will become a cornerstone of your claim, documenting the extent of your injuries.
Document Everything
Evidence is the key to a personal injury case. While we will handle the formal investigation, your personal documentation provides a powerful narrative of how the accident has affected your life.
Start a simple journal. Each day, make a few notes about your pain, the challenges you face with daily tasks, and any activities you can no longer participate in. Create a dedicated file for all accident-related paperwork, including medical bills, pharmacy receipts, repair estimates, and any correspondence from insurance companies.
Be Cautious with Insurance Companies
Shortly after the accident, you can expect a call from the at-fault driver’s insurance adjuster. They may present themselves as a concerned helper, but it’s important to remember their primary role.
Don’t provide a recorded statement without first consulting with your attorney. Adjusters are trained to ask questions designed to elicit responses that can be used to minimize or deny your claim. Don’t accept a quick settlement offer. These initial offers are almost always less than the full scope of your future medical needs and other damages.
Stay Off Social Media
In today’s world, it’s second nature to share our lives online, but after an accident, this can be detrimental to your case. Insurance companies routinely scour claimants’ social media profiles for any scrap of information to weaken their claim.
A photo of you smiling at a family gathering could be suggested you aren’t in pain. A post about a short walk could be used to claim your injuries aren’t as limiting as you say. The safest course of action is to refrain from posting anything about your accident, your recovery, or your daily activities until your case is resolved.
Your Story Matters More Than the Statistics
The motor vehicle accident statistics show how often these incidents occur, but they can never capture the human cost. They don’t show the pain that flares up on a cold morning, the financial anxiety that keeps you up at night, or the frustration of not being able to do the things you once loved. Your recovery, your financial security, and your peace of mind are what matter most.
Take the first step toward putting this chapter behind you. Call us today at (800) 800-2575 for a free, no-obligation conversation about your case.
Frequently Asked Questions About Motor Vehicle Accidents
Do I have to report my accident in Florida?
Yes. Under Florida Statute § 316.065, you are required to immediately report any crash to law enforcement if it results in injury, death, or apparent property damage of $500 or more. If an officer did not respond to the scene, you should file a report yourself as soon as possible.
What if the at-fault driver has no insurance?
This is a frightening and frustrating scenario, but you may still have a path to recovery. This is precisely why Uninsured/Underinsured Motorist (UM/UIM) coverage is so important. If you have this optional coverage on your own auto policy, we can file a claim against it to cover the damages the at-fault driver should have paid for.
How long will my personal injury case take?
There is no simple answer, as every case is unique. A relatively straightforward case with clear liability and moderate injuries might settle within a few months to a year. However, a complex case involving catastrophic injuries, disputed fault, or the need for a lawsuit could take longer to resolve, sometimes a year or more. Once we have had a chance to review the details of your accident, we can provide a more realistic timeline.
How much does it cost to hire your firm?
We understand that the last thing you need after an accident is another financial burden. That is why we handle personal injury cases on a contingency fee basis. This means you pay absolutely no upfront costs or attorney’s fees. Our fee is a percentage of the total recovery we obtain for you. We only get paid if we win your case.