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Experienced Orlando Auto Accident Attorneys

Get the Help You Need After an Auto Accident

Auto Justice Attorney Michael T. Gibson opened his Orlando personal injury law firm after seeing his own family in need of legal help.

Schedule free consultation or call : 407-422-4529

Big Firm Capabilities, Small Firm Family Feel

Car Accident Lawyers
Serving Orlando

I am Orlando Car Accident Attorney Michael T. Gibson and I am dedicated to helping accident victims and their families through the difficult, overwhelming, and often frustrating process of filing a personal injury or wrongful death claim.

Whether you are looking for legal help for yourself or a loved one after a serious car accident, I will ensure your needs are met today and in the future.”

Every day, as drivers we are put in situations that can result in accidents. Though we always don’t always consider it when we get behind the wheels of our cars, we are assuming responsibility for potentially dangerous machines. Any Orlando Auto Accident Attorney can tell you, every decision we make – from yielding to pedestrians in crosswalks to driving more cautiously in the rain – while driving affects our safety, our passengers’ safety, and that of the motorists around

Orlando Car Accident Lawyer

If you have sustained injuries in an Orlando car accident as a result of another party’s careless or negligent actions, Florida law permits you to sue them for damages in civil court. Car accident victims and their families have enough struggles when it comes to doing the hard work of healing after an accident, they shouldn’t have to also cope with the financial challenges that often come in the aftermath of a severe car accident, especially when another party is responsible. The experienced Orlando car accident lawyers at Michael T. Gibson, P.A., Auto Justice Attorney have ample experience helping car accident victims seek the compensation they deserve for their injuries. If you live in the Greater Orlando area and have been injured in an Orlando car accident, call 407-422-4529 for a free consultation to discuss the details of your accident and learn how our Orlando personal injury lawyers may be able to help you.

Practice Areas


If you’ve been injured in an accident, the time to call an Orlando personal injury lawyer is now. We will review your case for free, with no obligation. Know your rights as a victim

Our Firm In The News

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What Separates Us Apart

Our Clients, Our Results

Our Results in Car Accident Claims

Car accidents in the greater Orlando area can leave accident victims seriously injured and with high medical bills and other expenses. Drivers and passengers who suffer injuries in accidents may have to seek extended medical treatment, attend physical therapy sessions, and undergo various medical procedures, including surgeries and injections. Accident victims might also need to miss an extended time from work, losing a considerable amount of wages. If you or someone you love suffered injuries in an Orlando auto accident, you need skilled legal representation in your corner throughout your case. The skilled Orlando car accident attorneys at Michael T. Gibson, P.A., Auto Justice Attorney, have been advocating for Orlando car accident injury victims for almost 20 years. The firm’s dedication to professional excellence and case preparation has resulted in millions of dollars in settlements and jury awards for our clients. Our recent car accident cases have resulted in recoveries ranging from $60,000 for a neck injury to more than $3 million for surviving family members after their loved one died in an Orlando car accident. These case results are examples and do not guarantee a financial outcome for your car accident claim. Each accident claim has underlying facts and distinctive circumstances that increase or decrease your car accident claim’s worth. Those circumstances include the nature and extent of your injuries, the venue where the case is pending, and whether or not you suffered a permanent injury or impairment in the car accident. Our Orlando car accident attorneys do, however, guarantee that we will diligently pursue the best outcome for your individual circumstances.

Florida’s No-Fault Insurance System

Florida is one of about a dozen states with a no-fault insurance system. The state requires residents who register a vehicle to carry a minimum of $10,000 of personal injury protection (PIP) coverage and $10,000 of property damage liability coverage. If you are involved in a car accident in Orlando, or anywhere else in the state, you must first file a claim with your PIP carrier before filing a claim against the other driver. As its name implies, no-fault insurance coverage does not rely on establishing liability in a car accident. Florida PIP coverage can be advantageous in accidents involving minor injuries. PIP pays for 80 percent of medical treatment costs and 60 percent of lost wages related to missing work as the result of an accident-related injury. But accident victims who suffer severe injuries may struggle financially if they only carry the minimum coverage. Medical treatment costs and lost wages after a severe injury often quickly meet or exceed policy limits, leaving car accident victims with large bills. The serious injury threshold that allows injured individuals to pursue compensation through a lawsuit includes injuries that result in:

  • Death
  • Significant and permanent loss of a bodily function
  • Permanent injury, within a reasonable degree of medical probability
  • Significant and permanent scarring and disfigurement

Individuals who reach the serious injury threshold and are permitted to file a personal injury lawsuit may seek damages not only for medical expenses and lost wages, but also for pain and suffering. Car accidents are complex matters, often involving multiple sources of liability and other issues. Florida’s no-fault insurance laws increase the complexity of many cases and also leave accident victims confused as to what they’re eligible to claim and from whom they should seek compensation. The experienced Orlando car accident lawyers at Michael T. Gibson, P.A., Auto Justice Attorney, can help take some of the confusion away by helping you understand the legal process of pursuing compensation for your injuries and help you figure out whether you are eligible to step outside of Florida’s no-fault system and seek compensation from the at-fault driver and their insurance company.

When You Should Call a Lawyer After an Orlando Car Accident

In many scenarios, you intuitively know when you need or do not need an Orlando auto accident lawyer after a car accident. Yet, other times you might question if you need legal help. Whenever you are in doubt, you should always take advantage of a free consultation with an experienced car accident lawyer. The lawyer can evaluate the details of your accident and injuries and advise you about the viability of your claim. Some car accident situations that almost always require the expertise of a qualified Orlando car accident lawyer include:

  • You have suffered severe injuries. If one or more severe car accident injuries required you to ride in an ambulance, stay in the hospital, and miss weeks or months of work, you likely have suffered ample economic loss to warrant hiring an Orlando auto accident lawyer. An Orlando car accident lawyer can help you seek to recover losses related to your accident and injuries.
  • Multiple parties were involved in the accident. If you were involved in a chain-reaction accident or a multi-car pileup, insurance companies will generally struggle to determine liability in the accident. In fact, they often shift blame around amongst one another. A qualified Orlando car accident attorney can ensure your voice is heard and defend you against the victim-blaming that often occurs in multi-car accidents.
  • Your insurance claim against the at-fault driver was denied. If you met your PIP limits, you might have already filed a claim with the at-fault driver’s insurance carrier. Insurance companies, especially when you are not the policyholder, will go the extra mile to deny or devalue your claim. They may argue that you filed your claim late, made errors, or find some other obnoxious reason for denial. An Orlando car accident attorney can fight to attempt to ensure that the insurance companies involved with your car accident claim act in good faith.
  • A loved one suffered a fatal injury. If someone you love suffered a fatal injury and died as a result of an Orlando car accident, you might be eligible for compensation in a wrongful death lawsuit. Florida law permits surviving family members to sue the at-fault party for damages related to the loss of their loved one. Eligibility depends on your relationship with the person who died.

Recouping Losses After an Orlando Car Accident

If you chose to take legal action against the party who caused your car accident within Florida’s four-year statute of limitations for lawsuits, you may receive compensation for damages you incurred because of your car accident and injuries. Jury awards and settlements can include compensatory and punitive damages. Florida law reserves punitive damages for cases of gross negligence or willful harm. It’s more likely you will receive compensatory damages after a car accident. If you reach an agreeable settlement or the court rules in your favor, you can recoup economic and non-economic losses such as:

  • Medical expenses, including ambulance and emergency room services, hospitalization, diagnostic imaging, surgery, physical therapy, follow-up care, doctor’s visits, and medication.
  • Future medical expenses when an injury from a car accident requires a long recovery, requires a victim to undergo surgery, or leads to a permanent injury that requires full-time care. To anticipate the costs of a future medical procedure, such as surgeries or ongoing therapy, a health care provider must ordinarily be on board to estimate those costs in your case.
  • Expenses for rehabilitation such as visiting a physical therapist, occupational therapist, mental health specialist, or any other specialist who treats the accident victim during their recovery.
  • Expenses for assistive devices such as wheelchairs, canes, crutches, and prosthetic limbs.
  • Lost income for time away from work related to the car accident, injuries, hospitalization, rehabilitation, and recovery. In cases where an accident victim can no longer work at the same job or in the same profession due to injuries they suffered in a car accident, the accident victim might assert a claim for loss of earning ability or capacity.
  • Physical pain and suffering damages to compensate the accident victim for all of the physical pain, suffering, and inconvenience they had to endure because of injuries suffered in the accident. Damages may compensate the accident victim for the pain and suffering they experienced while treating for injuries, as well as after treatment was completed when an accident victim claims permanent injuries.
  • Emotional pain and suffering to compensate the accident victim for all of the mental distress and emotional anguish that they had to endure because of injuries suffered in the car accident. For example, if the accident victim sought counseling services or psychological treatment for mental anguish that they experienced following the car accident, they might pursue and recover monetary compensation for that mental distress.
  • Loss of consortium (a physical relationship) with a spouse. Sometimes, car accident victims suffer injuries to such an extent that it limits their ability to have sexual relations with a spouse. When that is the case, the accident victim could file a claim for loss of spousal companionship or consortium.
  • Decreased quality of life. When Orlando car accident victims sustain severe injuries in an accident, they can suffer severe limitations. For example, maybe they cannot participate in activities that they once enjoyed before their accident, such as engaging in sports and other recreational activities. In addition, they may suffer severe limitations at home, including the inability to cook, clean, or take care of daily living activities—such as getting dressed or taking a bath—on their own. These limitations are especially apparent when a car accident victim suffers a permanent injury in the accident.

The Burden of Proof in Orlando Car Accident Cases

In a Florida car accident case, the accident victim, or the plaintiff, has the legal burden of proof as to all elements in the case. The at-fault driver, or the defendant, does not need to prove anything in the case. Moreover, the defendant does not need to show that they were not negligent for causing the accident. Rather, the burden of proof in a car accident claim rests solely with the accident victim plaintiff. For an Orlando car accident case to recover monetary compensation, an accident victim has to satisfy several legal elements. First of all, the accident victim must prove that the other driver owed them a legal duty of care. Motor vehicle operators owe a high duty of care to other drivers and their passengers to operate their vehicles in a safe, prudent, and careful manner at all times while they are on the roadway. In addition to establishing the duty element, the accident victim must demonstrate that the at-fault driver violated the duty of care in some way. In other words, the at-fault driver must have operated their vehicle in a reckless, careless, or unreasonable manner under the circumstances. Operating a vehicle above the speed limit, failing to yield the right-of-way, and violating other Florida traffic laws and regulations amount to a driver’s breach of the duty of care. A breach also occurs when a motor vehicle operator engages in distracted driving, such as by texting or calling while on the road, or by engaging in drugged or drunk driving. After establishing the duty and breach elements of a car accident claim, an accident victim must then demonstrate that the other driver’s negligence caused the accident—and that the accident was a foreseeable result of that breach. Finally, the accident victim must demonstrate that they suffered injuries and damages as a direct and foreseeable result of the car accident. An Orlando car accident lawyer at Michael T. Gibson, P.A., Auto Justice Attorney, can assist you with establishing all of the legal elements of your car accident claim and pursuing the monetary damages that you need.

Injuries That Car Accidents Cause

Personal Injury LawyerNearly every part of the body can suffer an injury in a car accident, depending on the circumstances of the accident. Car accident injuries can happen when a motor vehicle driver’s body moves around and about inside the vehicle at the point of impact. This whiplash-type motion can result in a severe neck or back injury. Serious car accident injuries can also happen when the force of the impact causes a part of the driver’s body to collide with something in the vehicle. For example, the driver’s body could collide with the:

  • Front console
  • Dashboard
  • Driver or passenger’s side window
  • Steering wheel
  • Headrest

Some of the more serious injuries that individuals may suffer when an accident occurs include:

  • Traumatic brain injuries: occur when you experience a sudden jolt or blow to the head, which causes bleeding, bruising, and damage to the brain. A forceful impact on an accident victim’s head can affect the brain’s neurons and axons, which serve as the nervous system’s ‘internal wiring system.’ When these neurons and axons are severed, complications to brain functioning can result. This type of injury can be mild, resulting in only minor symptoms and healing within a couple of weeks, or it can be severe, resulting in life-altering impacts that may include loss of memory, loss of balance and coordination, the inability to control one’s emotions, loss of hearing or vision, or the inability to communicate.
  • Spinal cord injuries: Spinal cord injuries are one of the most life-changing types of injuries to suffer due to the limited ability of the spinal cord to heal and the high likelihood of permanent damage that involves loss of sensation and function below the site of the injury. The higher up on the spine the injury occurs, the more widespread the damage will likely be, with injuries to the neck portion of the spine—known as the cervical region—often resulting in tetraplegia, which is paralysis of the arms, hands, shoulders, diaphragm, torso, hips, legs, and feet. When a car accident victim suffers some type of paralysis, they may have limited or no feeling in the affected body part. Moreover, the accident victim will have limited or no ability to move the affected body part(s).
  • Internal injuries: Internal injuries are common in car accidents and can result in damage to organs, such as the liver, lungs, kidney, or spleen. These injuries can also cause internal bleeding, which can be life-threatening if not promptly treated.
  • Broken bones: Broken bones not only limit an injured individual’s ability to move and function, but they can also cause permanent damage if the bones fail to heal properly. Infections are common when the break causes the bone to protrude from the skin. Bone fractures can also cause the accident victim to experience a tremendous amount of pain. Even after the fracture heals (usually following a surgical procedure), the accident victim might need to undergo weeks or even months of extensive physical therapy. A second surgical procedure may also be necessary for a surgeon to remove bolts, clamps, and other internal hardware that they inserted during the original surgery.

Types of Car Accidents in Orlando

Nearly every type of car accident imaginable takes place in Orlando and throughout Central Florida. Even when relatively minor car accidents occur, such as rear-enders, drivers and their passengers can still suffer serious injuries that are legally compensable. Some of the most common types of car accidents include:

  • Rear-endRear-end injuries occur when the front of one vehicle collides with the rear of the vehicle in front. Rear-end collisions are often the result of distracted driving and tailgating, which occurs when one vehicle is following another vehicle too closely. This is the most common type of two-car crash, accounting for nearly one-third of all traffic accidents in the United States. While some people often refer to rear-end accidents as “fender-benders” or “whiplash crashes,” this type of accident can be anything but minor. Rear-end accidents cause about 1,700 deaths each year across the nation.
  • Head-on: While head-on collisions only account for around 2 percent of all accidents, more than half of the fatalities in passenger vehicle accidents result from this type of accident. Head-on collisions, also known as frontal impact collisions, occur when the front of one vehicle strikes the front of another vehicle. This type of accident often happens due to drivers who are traveling the wrong direction on an interstate ramp or roadway or who swerve into oncoming traffic in an attempt to avoid another collision or because of another collision. The reason this type of accident produces so many fatalities is that the forward motion and speed at which both vehicles are traveling dramatically increases the total energy of the collision.
  • SideswipeSideswipe collisions occur when the side of one vehicle collides with the side of another. Sideswipes are often the result of unsafe passing maneuvers when a driver attempts to enter a lane of travel without first ensuring that the travel lane is clear.
  • Broadside: A broadside or T-bone collision, also known as a T-bone accident or a side-impact crash, is an accident that involves the front of one vehicle colliding with the side of another vehicle. This type of accident generally takes place in an intersection and involves one driver failing to yield the right-of-way to another by failing to stop at a stop sign or a traffic light. Broadside accidents occasionally happen outside of the intersection, such as when a driver attempts to make a U-turn without properly gauging the gap in traffic or when pulling out of a private driveway or parking lot. T-bone accidents are a major source of injury and death, with the highest risk of injury being to the occupants sitting on the side of the vehicle involved in the collision. This is particularly true when there is a big discrepancy in size between the two vehicles involved in the accident.
  • Single-car: Single-car collisions account for nearly 40 percent of vehicle occupant deaths, with more than half of the deaths in pickups and SUVs occurring from crashes that only involve a single vehicle. Unfortunately, this type of accident results in a high percentage of deaths to pedestrians and bicyclists.
  • Chain-reaction: Chain-reaction crashes involve more than two vehicles. Often, these situations begin as a two-car accident, with additional vehicles crashing into the initial accident scene, or the force of the initial accident pushing one or more of the cars into other vehicles in the area. Chain reaction crashes often take place on roadways with higher speeds, and inclement weather conditions, such as low visibility and wet roads, can be a factor in this type of crash.

Accidents by the Numbers

Preeminent 2021 - Martindale-HubbellFlorida experiences around 400,000 car accidents each year, according to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). More than 30,000 car accidents have occurred in the Orlando area each year for the past several years. We see more than 3,000 fatalities statewide, and more than 250,000 injuries arising from those accidents, with the Orlando area accounting for nearly 200 fatalities and 23,000 injuries. The Orlando area is notorious for heavy traffic, so you may not be surprised by these alarming statistics. Some of the crashes are minor accidents that do not lead to injuries or fatalities, but close to half of the accidents result in injuries for drivers, occupants, or others on the road. Many of those injuries and fatalities involve pedestrians and bicyclists trying to enjoy the abundant sunshine and beautiful scenery in the area. Recently, the law enforcement agencies in central Florida launched a new initiative, Vision Zero, which aims to reduce the number of fatalities and injuries to pedestrians and cyclists through education, enforcement, and engineering. In the first hours of this new initiative, dozens of individuals had been stopped for traffic violations. Among the dangers to travelers of all types on the roadways were distracted drivers, as well as pedestrians who attempted to cross busy roadways outside of the intersections.

Orlando Car Accident Crash Statistics


Have You Been Injured in a Car Accident in Orlando?

Orlando Car Accident Lawyer

Contact our Orlando car accident lawyer at Auto Justice Attorney Michael T. Gibson today at 407-422-4529. We’ll listen to your story and provide a free case evaluation. If we feel you have a case and we decide to work together, we’ll get started right away to obtain as much compensation for you as the law will allow. We look forward to helping you.

Need Legal Help? Let’s talk.



Nursing Home Jury Verdict
An 87-year-old lady fell while in a nursing home for rehab. We proved that the nursing home did not respond to her calls for assistance, and as result our client fell and broke her hip. The case resulted in a $4,000,000.00 jury verdict. Mr. Gibson tried this case only days after being admitted to the Florida Bar.


Wrongful Death and Personal Injuries – Trucking Accident

Recovery from trucking company whose truck struck our client on the interstate at night. Our client had multiple children in the car. One of the children was killed in the crash, and all suffered various injuries. Trucking company contented our client was at fault for the crash.


Wrongful Death – Trucking Accident
Recovery for death of our client caused when his truck was struck head on by another truck on I95.


Wrongful Death – Trucking Accident
Recovery for the death of one client and for catastrophic injuries suffered by another. Accident happened on Interstate 275 in Tampa when a Dump Truck locked its brakes and went across traffic striking our clients head on. Case involved multiple defendants involved in the hauling of dirt. Firm investigated and made recoveries against all companies involved in the hauling project.


Wrongful Death – Trucking Accident
Recovery on behalf of a client who was struck and killed by an eighteen-wheeler when the truck violated the client’s right away. Trucking company denied negligence for several years, contending our client was speeding, and thus caused the crash. We litigated the case, and successfully provided truck driver was negligent.


Wrongful Death – Auto Accident
Recovery from a company truck that struck our clients’ vehicle head on, killing one and injuring another. Insurance Company initially attempted to deny liability, but our firm successfully obtained surveillance video from a nearby home that proved the Defendant caused the accident.


Medical Malpractice Arbitration Award
In a medical malpractice case against one of the largest hospitals in the State of Florida. Case involved a six-year old boy, who did not receive blood in surgery. We proved negligence, even though over thirty physicians testified on behalf of the hospital.


Auto Accident and School Negligence
Recovery for death of our client caused when his truck was struck head on by another truck on I95.

Client Testimonials

My mom referred me to the law firm of Michael T. Gibson. She was involved in an auto accident and had a very positive experience with them. My experience was...
I was involved in an accident and was referred to the law firm of Michael T. Gibson, P.A. From the start they provided me with frequent updates and progress they...
After may accident, I had an appointment set up with the firm the next day. They handled everything for me, requesting all documents, dealing with back and forth from the...
The firm was fantastic from start to finish. A member of their team was at my home less than 24hrs after my accident and clearly explained next steps and what...
Thank you to the law offices of Michael T. Gibson, P.A. for providing me with excellent services throughout my accident case. I highly recommend them!
From start to finish Wanda did an amazing job keeping me informed on the progress on my case, they ended up saving me money on my doctor bills to get...
Frequently Asked Questions

Car Accident


There are an average of 6 million car accidents in the United States each year. With 15,368,695 licensed drivers on the road in Florida, accidents happen every day. In just one year, 403,626 crashes took place in Florida, resulting in 3,135 fatalities and 19,196 incapacitating injuries. Of these, 31,917 crashes happened in the Orlando area. Car accidents are harrowing. Following an auto accident, injured persons may have the following questions and concerns.

Cant Find Your Question?

Speak with one of our experienced Orlando car accident lawyers today. We can help navigate you through your car accident claim and answer any questions you may have during the legal process.

The sudden impact of a car crash can leave you shocked and traumatized. Like all states, Florida has statutes of limitations, which set the time limit for filing lawsuits. An Orlando car accident may involve complex legal issues. Resolving the matter may be a long and difficult process, involving medical records, billing departments, and insurance companies. Car accident victims usually have many pressing questions. Who is at fault? How am I going to get my car fixed? Who will pay for my medical bills? What about my injured passenger? What other losses will I face? Should I sign this form from the insurance company? A skilled, dedicated car accident attorney can review the circumstances of your accident and advise you on your options. If you or a loved one has been injured in an automobile accident, you should contact an experienced, compassionate car accident attorney at the law firm of Michael T. Gibson without delay.

If the insurance company refuses to adequately compensate you for your injuries and damages, you have the option of taking your case to a jury trial. If your case goes to trial, the jury will decide all issues that are in dispute, including the issue of fault (or liability), as well as the issue of damages. It will be the jury who will decide what, if any, damages you deserve to recover for the personal injuries you suffered in your car accident. Although you could technically appeal a car accident jury verdict, the basis for any appeal would have to be a legal or evidentiary issue. Unfortunately, you cannot typically appeal a jury verdict if you’re dissatisfied with the monetary amount that a jury awarded you (or didn’t award you) for your injuries. As an alternative to a jury trial, your lawyer and the defense attorney/insurance company might decide to pursue some type of alternative dispute resolution, such as mediation and arbitration, in your case. At a mediation proceeding, an appointed mediator will facilitate settlement discussions between the parties and work to help them reach a favorable result. At an arbitration proceeding, an arbitrator will listen to and review evidence in the case and decide the outstanding issues, which usually involve damages. Binding arbitration is not typically subject to an appeal. An experienced Orlando car accident lawyer at Michael T. Gibson, P.A., Auto Justice Attorney, could help you take your case to trial or pursue alternative dispute resolution in your car accident case.

Many insurance companies and their adjusters will do everything that they possibly can to deny liability, or at the very least, limit the monetary recovery that they offer you. After all, insurance companies have the potential to lose a significant amount of money in an Orlando car accident settlement or jury verdict. They make their money by collecting premiums from their insureds, and they want to try and keep as much of this money in-house as they possibly can. Once your attorney submits a demand package on your behalf, and the insurance company’s adjuster makes an initial offer to settle your case, your attorney and the adjuster will typically need to go through several rounds of settlement negotiations. At that point, the parties could decide to settle the case, or they may reach a stalemate. If the insurance company refuses to offer you the compensation that you deserve, you have the option of filing a lawsuit against the at-fault driver and pursuing litigation. Just because your attorney files a lawsuit on your behalf against the at-fault driver does not necessarily mean that your case will proceed to trial. In fact, most Orlando car accident cases settle long before the case ever goes to a formal settlement conference or a jury trial. Even after your lawyer files the lawsuit, they could continue to negotiate with the insurance company and pursue a favorable settlement offer for your losses. A knowledgeable Orlando car accident lawyer at Michael T. Gibson, P.A., Auto Justice Attorney may help you decide whether to accept a settlement offer or pursue litigation in your Orlando car accident case.

Many people who suffer injuries in a car accident want to seek monetary compensation for those injuries. Since Florida is a no-fault insurance state, in most instances, injured accident victims must first look to their own insurance companies to recover compensation for all of their medical bills and lost earnings. However, under certain circumstances, an accident victim might file a claim or lawsuit against the insurance company for the at-fault driver who caused the accident. This is true in cases where the accident victim incurs significant medical bills that exceed the compensation offered by personal injury protection (PIP) and if the accident victim suffers a significant or permanent injury in the accident. The process of filing a claim typically begins by assembling a demand package. The demand package may include:
  • All related medical bills and medical records pertaining to the injuries you suffered in your accident
  • Copies of any lost wage documentation provided by your employer, along with authorizations from your healthcare provider allowing you to be off work for a specified time
  • A victim impact statement that explains the impact that the accident and your injuries have had on your life and overall well-being
  • Photographs of the property damage to your vehicle as well as photographs of your injuries, if any
  • A copy of all investigative reports, including a copy of the police report if an officer prepared one
Once your attorney submits a demand package to the insurance company, the insurance company will review all of the documentation and determine liability or fault. If the insurance company accepts liability for your accident case, an adjuster assigned to the case will usually make an initial settlement offer. You should always be wary about accepting these initial settlement offers, since insurance companies—even your own—will typically do everything possible to limit their payout to you.

  1. Check yourself for injuries. Also, check on the well-being of your passengers and others involved in the accident. If anyone is injured, call emergency services.
  2. Get to safety. If possible, move to the side of the road or a safe area.
  3. Call 911. Even if it is a minor accident, it is important to call the police. In some states, the law requires you to report the accident. The police can document the scene and file an accident report, which may be useful later.
  4. Exchange information. If possible, exchange contact and insurance information with the other driver. Information collected should include the full name and contact information, insurance company and policy number, driver’s license and license plate number, type, color and model of vehicle, and location of the accident
  5. Document the accident. Most people have cell phone cameras, so it is relatively easy to take pictures from several angles, showing the damage to both cars, the other car’s license plate, the area of the accident and surrounding debris.
  6. If there are witnesses, obtain their contact information.
  7. Contact a car accident lawyer for advice and assistance or if an insurance company representative asks you to provide a statement. Try to avoid discussing the question of fault with anyone until you have had an opportunity to speak with a lawyer.
  8. Contact your insurer

Many variables factor into accidents on the road. One major source of car accidents is human error. Unfortunately, we can only control our actions and not those of the driver next to us. Some of the most common causes of car accidents in the United States include:
  • Speeding – According to the National Highway Traffic Safety Administration (NHTSA), speed is a primary factor in accidents in the United States. In just one year, speeding killed 9,378 people. For decades, speeding has contributed to approximately thirty percent of all motor vehicle fatalities. Speeding accounts for more than a quarter (26 percent) of all traffic fatalities. Some crashes result from breaking the speed limit. Other drivers were going too fast for conditions.
  • Distracted driving – 2,935 fatal crashes occurred on U.S. roadways in 2017 that involved distraction, which amounted to 9 percent of all fatal crashes. Some crashes involved more than one distracted driver. Whether you are eating, fooling around with the stereo, entertainment, or navigation system or doing anything that is distracting you from your driving, it is hazardous. For example, a driver who is texting is 23 times as likely to crash.
  • Driving while impaired – Alcohol is a major factor in traffic accidents. Drunk driving accidents led to 10,511 fatalities in one year alone. Despite all efforts to reduce these accidents, alcohol-impaired driving accounts for about 30 percent of all traffic fatalities. Drunk driving is preventable. However, drivers under the influence of alcohol and drugs still get behind the wheel after drinking, putting themselves and others at risk.
  • Tailgating and aggressive driving – Safe driving requires patience, focus, and a calm mind. There are many aggressive drivers on the roads. They tailgate, weave in and out of lanes, change lanes without signaling, run red lights, or drive recklessly. A recent study by the AAA Foundation for Traffic Safety found that about 78 percent of drivers in the U.S. reported expressing aggression or road rage in the past year.
  • Drowsy driving – Everyone is busy and under pressure. Therefore, driver fatigue is no surprise. Approximately 7.5 million drivers in the United States admit to having fallen asleep at the wheel within the past month. Drowsy drivers may experience cognitive impairment similar to a driver who is impaired by drinking or drugs. One of three (33 percent) wandered into another lane or onto the shoulder, while 19 percent say they crossed the centerline. In one in ten (10 percent) cases, the driver ran off the road. Researchers report that approximately 292,000 drivers were involved in some type of crash within the past six months because they fell asleep at the wheel.
  • Failure to yield – These accidents happen in many types of situations, such as when a driver making a left turn fails to yield to oncoming traffic, a flashing yellow or red light, or a driver is entering the street from a private driveway. Often the injury victim drives into the car that failed to yield.
  • Vehicle defects – We expect our cars to keep our families and ourselves safe, but with a system of hundreds of moving parts, it is not uncommon for something to fail, often with dangerous results. Some vehicles or parts are defective because of improper design or manufacturing. If these defects caused the accident, the manufacturer and others in the chain of distribution might have liability.

Common types of injuries include:
  • Back and neck injuries. These range from slight neck pain to catastrophic spinal cord injuries such as paralysis. Serious back and neck injuries can result in long-term or permanent disability.
  • Head injuries. Accidents can cause a wide range of head injuries. Victims are sometimes not aware of head injuries or traumatic brain injuries at first, but they still are potentially devastating. It is important to get prompt medical care.
  • Internal injuries. These injuries may also go undetected at first, but they can be serious and difficult to treat.
  • Rib and torso injuries. People have a total of 24 ribs in their body, which protect our vital organs. Therefore, injuries such as fractured ribs, soft-tissue rib injuries, and flail chest can be extremely painful and make it difficult for the injured person to breathe.
  • Lacerations and burns. Car accident injuries such as cuts and burns are not only painful; in some cases, they leave the victim with disfiguring scars.
  • Broken bones. Broken bones are common car accident injuries and may need surgery or long-term treatment.
  • Seat belt injuries. There is no doubt that seat belts save lives, but in some circumstances, they cause or contribute to injuries, including whiplash.
  • Wrongful death. The family or heirs of someone killed in an accident might be eligible for compensation through a wrongful death lawsuit.

Florida is a No-Fault insurance state as it relates to automobile liability insurance. Under Florida law, every motorist must carry at least $10,000 in Personal Injury Protection (PIP) coverage. The purpose of a driver’s PIP coverage is to compensate the insured for any medical bills and lost wages the driver may suffer in an accident, regardless of who caused the accident. This type of insurance is known as no fault because your own policy helps cover your medical expenses after a car accident, no matter who caused it. After a crash, each party files a claim with their own insurance company to pay the costs of medical care and other losses. According to Florida statute, in some cases, the victim may hold the at-fault driver accountable, regardless of the no-fault law. In those circumstances, the injured person may bring a claim not only for medical bills and lost wages but also to recover for pain and suffering, emotional distress, loss of consortium, and other intangible damages suffered as a result of the accident. These exceptions include “(i) significant and permanent loss of an important bodily function; (ii) permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement; (iii) significant and permanent scarring or disfigurement; or (iv) death.”

If someone’s negligence caused your accident and your resulting injuries, you might be entitled to damages for negligence, under personal injury law. The definition of negligence is “a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.” To establish negligence, you need to prove “the existence of a legal duty that the defendant owed to the plaintiff, defendant’s breach of that duty, plaintiff’s sufferance of an injury, proof that defendant’s breach caused the injury.”

Sometimes it is difficult to determine who is at fault in a car accident, but it is an important question. There may be multiple parties involved. Who made a mistake? Did more than one driver contribute to the accident? What about road conditions or car malfunctions? Serious accidents can be economically and personally catastrophic. Even minor accidents can be costly because of injuries and vehicle damage. Circumstances involving the drivers, the road conditions, and the vehicles may all contribute to an accident. The police report contains the initial facts of the accident. The report will include details such as the date and time of the accident, as well as weather and road conditions, a diagram of the site, and a listing of vehicle damage. It will list contact information for those involved and any witnesses. However, police reports do not necessarily include a determination of fault. Even if the official police report states who was at fault for a car accident, this does not automatically mean that the person will be held liable for the accident in a lawsuit. The victim must prove that the other party is at fault for the crash. If a driver was negligent but did not cause the accident, they likely cannot be held responsible for the crash. Unlike criminal cases, the standard of proof for this type of lawsuit is by a preponderance of the evidence. Essentially, this means proving your claim is more likely than not.

Anyone injured in a car accident that wasn’t their fault might be entitled to receive compensation, also called damages. To recover damages, you must prove any damages that resulted from the accident. Therefore, it is essential to obtain treatment for your injuries from a medical professional right away so that you can prove the injuries were a result of the accident. You should also keep all medical and financial records related to your injuries. The amount of damages depends on many factors, including the circumstances of the accident and the extent and impact of the injuries. Damages vary widely, but may include:
  • The cost of current and future medical care
  • Lost wages
  • Loss of future earning capacity
  • Property damages
  • Cost of household services, if, for example, your injuries mean you need to hire a lawn service or house cleaners while you recover; and
  • Physical and mental or emotional pain and suffering
  • Disfigurement or physical impairment
  • loss of enjoyment of activities
  • Loss of enjoyment of life; and
  • Loss of consortium or companionship
  • In some cases, punitive damages