Tampa Car Accident Laws: What You Need to Know If You’ve Been in a Crash

February 23, 2025 | Winters & Yonker Personal Injury Lawyers | Tampa car accident law, Tampa personal injury law, Tampa Personal Injury Resources

Car accidents in Tampa, can have many causes, and are common with thousands of crashes happening each year on I-275, Dale Mabry Highway, and the Selmon Expressway. If you’re involved in an accident, understanding Florida’s car accident laws is essential to protect your rights and ensure you receive fair compensation.

This guide covers everything you need to know about Tampa car accident attorneys, Florida laws, including no-fault insurance, liability rules, the statute of limitations, and how to pursue a personal injury claim with a Tampa, based Law Firm.

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1. Florida’s No-Fault Insurance System

Florida is one of the few states that follows a no-fault insurance system, meaning that after a car accident, your own insurance policy covers medical expenses and lost wages, regardless of who caused the crash.

How Does Florida’s No-Fault Law Work?

Every driver is required to carry Personal Injury Protection (PIP) insurance, which covers up to $10,000 in medical expenses and lost wages.
PIP covers 80% of medical bills and 60% of lost wages, up to the policy limits.
You must seek medical treatment within 14 days of the accident to qualify for PIP benefits.

Can You Sue the At-Fault Driver?

Florida’s no-fault system limits lawsuits for minor injuries, but you can sue the at-fault driver if your injuries are severe and meet the serious injury threshold:

Significant or permanent loss of a bodily function.
Permanent injury within a reasonable degree of medical probability.
Significant scarring or disfigurement.
Death (wrongful death claims).

If your injuries qualify, you can file a personal injury claim against the at-fault driver for additional damages like pain and suffering, emotional distress, and long-term medical costs.

2. Florida’s Comparative Negligence Rule

Who Pays for Damages If Both Drivers Are at Fault?

Florida follows a modified comparative negligence rule, meaning that:

You can recover damages only if you were less than 50% at fault for the accident.
Your compensation is reduced by your percentage of fault.

Example:

If you were found 20% at fault for a crash and your damages totaled $100,000, you would receive $80,000 (reduced by 20%).

How Is Fault Determined in Tampa Car Accidents?

Insurance adjusters, attorneys, and courts determine fault based on:

Police reports
Traffic camera footage
Eyewitness statements
Vehicle damage analysis
Accident reconstruction reports

If there is a dispute over fault, hiring an experienced Tampa car accident lawyer can help protect your rights and maximize your settlement.

3. Florida’s Statute of Limitations for Car Accident Claims

A statute of limitations is the legal deadline for filing a lawsuit. In Florida, the statute of limitations for car accident cases is:

Two years from the date of the accident for personal injury claims.
Two years from the date of death for wrongful death claims.
Two years for property damage claims.

Exceptions to the Statute of Limitations:

If the injured party is a minor, the time limit may be extended.
If the accident involved a government vehicle (such as a city bus or police car), special filing deadlines and procedures apply.

Missing the statute of limitations means you lose your right to seek compensation, so it’s critical to act quickly.

4. Florida’s Minimum Car Insurance Requirements

Florida law requires all drivers to carry minimum auto insurance coverage:

$10,000 in Personal Injury Protection (PIP)
$10,000 in Property Damage Liability (PDL)

Unlike most states, Florida does not require drivers to carry Bodily Injury Liability (BIL) insurance. This means that if an uninsured driver causes an accident, you may have to rely on:

Uninsured/Underinsured Motorist (UM/UIM) coverage (if you have it).
Filing a personal injury lawsuit against the at-fault driver.

5. What to Do After a Car Accident in Tampa

If you’re involved in a car accident in Tampa, follow these steps to protect your rights and strengthen your claim:

Step 1: Check for Injuries & Call 911

If there are injuries or significant property damage, Florida law requires you to report the crash to the police.
The Tampa Police Department or Florida Highway Patrol (FHP) will respond and file an accident report.

Step 2: Gather Evidence

Take photos and videos of the accident scene, vehicle damage, traffic signs, and any visible injuries.
Get contact information from all parties involved and any eyewitnesses.
Request a copy of the police report for your insurance claim.

Step 3: Seek Medical Attention Immediately

Even if you feel fine, some injuries (like whiplash or internal bleeding) may not show symptoms right away.
Florida’s 14-day PIP rule requires you to see a doctor within 14 days of the accident to qualify for insurance benefits.

Step 4: Notify Your Insurance Company

Report the accident to your insurance provider, but avoid giving a recorded statement until you speak with an attorney.
Insurance companies may try to minimize your payout—an experienced lawyer can handle negotiations.

Step 5: Contact a Tampa Car Accident Lawyer

If your injuries are severe, legal representation can help maximize your settlement.
A lawyer can negotiate with insurance companies, gather evidence, and fight for fair compensation.

6. Common Car Accident Hotspots in Tampa

Certain areas in Tampa have higher accident rates due to traffic congestion, reckless driving, and dangerous intersections:

📍 I-275 & I-4 Interchange (“Malfunction Junction”) – High-speed merging lanes make this one of the most accident-prone areas.

📍 Dale Mabry Highway & Kennedy Boulevard – A busy intersection with frequent rear-end and pedestrian accidents.

📍 Bayshore Boulevard – Known for speeding-related crashes, especially near Hyde Park Village.

📍 Hillsborough Avenue & Nebraska Avenue – A dangerous area due to heavy commercial traffic and distracted drivers.

📍 Westshore Boulevard & Cypress Street – Close to Tampa International Airport, where tourists unfamiliar with the area often cause accidents.

7. Compensation Available in Tampa Car Accident Claims

If you were injured in a Tampa car accident, you may be entitled to compensation for:

Medical expenses (hospital bills, rehabilitation, surgeries, medication)
Lost wages and reduced earning capacity
Pain and suffering
Emotional distress
Property damage (vehicle repairs or replacement)
Wrongful death damages (if a loved one was killed in an accident)

Insurance companies often undervalue claims, but a skilled car accident attorney can fight for the full amount you deserve.

Conclusion: Protect Your Rights After a Car Accident in Tampa

Understanding Florida’s car accident laws is crucial for protecting your rights after a crash. If you’ve been injured, don’t navigate the legal process alone—Winters & Yonker, Tampa Car Accident & Injury Lawyers, are here to help.

📞 Call (813) 773-3133 for a Free Consultation
📍 Visit Us at 601 W Swann Ave, Tampa, FL 33606

Don’t let insurance companies take advantage of you. Get the legal support you need today!