Tampa’s major corridors include I-275, I-4, I-75, the Selmon Expressway (Lee Roy Selmon Expressway), Dale Mabry Highway, Hillsborough Avenue, Busch Boulevard, Kennedy Boulevard, Gandy Boulevard, and the Howard Frankland and Courtney Campbell bridges connecting Tampa to the beaches. Hillsborough County recorded approximately 42,000 crashes in a recent year, with more than 280 fatalities, making it one of the most dangerous counties in Florida for drivers. The Tampa metro area consistently ranks among the most dangerous in the nation for pedestrians and cyclists as well.
Florida follows modified comparative negligence with a 51% bar, and personal injury victims have two years (Fla. Stat. § 95.11(3)(a), as amended by HB 837, effective March 24, 2023) to file a lawsuit. Our car accident attorneys handle everything from rear-end collisions to high-speed interstate pileups.
At Monge & Associates Injury and Accident Attorneys, our Tampa car accident lawyers have recovered over $1 billion for injury victims since 1993. The call is free, and you pay nothing unless we win.
If you were injured in Tampa or anywhere in Hillsborough County, speak with our legal team at (813) 945-6188 or toll-free (888) 653-0605.
Florida’s Modified Comparative Negligence (51% Bar) Rule
Florida follows modified comparative negligence with a 51% bar (Fla. Stat. § 768.81, as amended by HB 837 in 2023). If you are 51% or more at fault for your injuries, you are barred from recovering any compensation. If you are 50% or less at fault, your recovery is reduced by your percentage of fault. Medical malpractice claims are exempt from the 51% bar and still follow pure comparative negligence.
Example: If you are found 30% at fault in a car accident and your total damages are $100,000, you recover $70,000. However, if you are found 51% or more at fault, you recover nothing. Before HB 837 took effect in March 2023, Florida followed pure comparative negligence, which allowed recovery at any fault level. This change makes it critical to minimize fault attributed to you from the start.
How Modified Comparative Negligence Affects Your Tampa Car Accident Case
Under HB 837, which took effect March 24, 2023, Florida shifted from pure comparative negligence to a 51% bar system. If the insurance company can push your fault to 51% or higher, you recover nothing. This is a fundamental change from the prior law, which allowed recovery at any fault level. Insurance companies aggressively argue you were speeding, distracted, failed to wear a seatbelt, or did not brake soon enough. Our attorneys counter these arguments with thorough accident reconstruction, witness testimony, and physical evidence to minimize fault attributed to you.
Florida’s No-Fault Insurance System
Florida is a no-fault state. Drivers carry $10,000 in Personal Injury Protection (PIP), which covers 80% of medical expenses and 60% of lost wages up to the policy limit, regardless of who caused the accident. You must seek medical treatment within 14 days of the accident or lose PIP benefits. To step outside no-fault and file a lawsuit, you must have a significant and permanent injury (Fla. Stat. § 627.737).
Common Causes of Car Accidents in Tampa
Distracted driving, speeding, failure to yield, running red lights, and impaired driving are the leading causes of car accidents in Tampa. Tampa is one of the fastest-growing metro areas in the United States, and the rapid population growth has outpaced road infrastructure improvements. The convergence of I-275, I-4, and I-75 creates one of the most complex and congested interchange systems in the Southeast. The Malfunction Junction interchange (I-275/I-4) has been under reconstruction and remains one of the most crash-prone locations in the region.
Types of Injuries in Tampa Car Accidents
Car accident injuries range from soft tissue damage like whiplash to catastrophic outcomes including traumatic brain injuries, spinal cord damage, internal organ damage, and broken bones. Even at moderate speeds, the force of impact can cause injuries that require months or years of medical treatment. Some injuries, like concussions and herniated discs, may not show symptoms for days or weeks after the crash.
What to Do After a car accident in Tampa
1. Seek Medical Attention. Even if injuries seem minor, get evaluated promptly. You must seek treatment within 14 days to preserve your PIP benefits. Tampa General Hospital (a Level I trauma center), AdventHealth Tampa, St. Joseph’s Hospital, and James A. Haley Veterans’ Hospital can provide immediate care.
2. Call Law Enforcement. Request an official police report.
3. Document Everything. Take photos of the scene, vehicles or hazards, and any visible injuries. Collect witness information.
4. Avoid Speaking With Insurance Adjusters Alone. Do not give recorded statements without consulting an attorney. Insurance companies will use anything you say to increase your percentage of fault and reduce your recovery under Florida’s modified comparative negligence rule.
5. Contact a Tampa Car Accident Lawyer. At Monge & Associates Injury and Accident Attorneys, we offer free consultations and work on a contingency fee basis. You pay nothing unless we recover compensation for you.
Compensation Available in Tampa Car Accident Cases
Economic Damages: Medical expenses, lost wages, reduced earning capacity, property damage. There is no cap on economic damages in Florida.
Non-Economic Damages: Pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium. Florida does not cap non-economic damages in most personal injury cases, though HB 837 changed the rules for medical billing evidence presented to a jury.
Punitive Damages: In cases involving intentional misconduct or gross negligence, Florida courts may award punitive damages (capped at three times the compensatory damages or $500,000, whichever is greater, under Fla. Stat. § 768.73).
Tampa Car Accident FAQs
How long do I have to file a car accident lawsuit in Tampa?
Florida gives injury victims two years (Fla. Stat. § 95.11(3)(a), as amended by HB 837, effective March 24, 2023) to file a lawsuit.
Can I still recover if I was partially at fault?
Florida follows modified comparative negligence with a 51% bar. You can recover compensation if you are 50% or less at fault, but your recovery is reduced by your percentage of fault. If you are 51% or more at fault, you are barred from recovery entirely. Legal representation helps minimize the fault attributed to you.
Where will my Tampa case be heard?
Most cases are heard in the Hillsborough County Circuit Court, part of the Thirteenth Judicial Circuit.
How much does a Tampa car accident lawyer cost?
Monge & Associates Injury and Accident Attorneys works on a contingency fee basis. You pay nothing unless we win.
Office
Monge & Associates Injury and Accident Attorneys
2701 W Busch Blvd
Tampa, FL 33618
Local Phone: (813) 945-6188
Toll-Free: (888) 653-0605
Hours: Open 24 hours, 7 days a week
Contact a Tampa Car Accident Lawyer at Monge & Associates Injury and Accident Attorneys
If you were injured in Tampa, the team at Monge & Associates Injury and Accident Attorneys is ready to fight for your recovery.
Call us today at (813) 945-6188 or toll-free (888) 653-0605, or contact us online for a free consultation.