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Highway Accidents

Bernstein & Maryanoff » Practice Areas » Miami Car Accident Lawyer » Highway Accidents

A Damaged Vehicle After Being In A Highway Accident With A Semi-Truck.

Florida consistently ranks third in the top three states, along with Texas and California, for the most highway car accidents annually. Whether you are visiting the state as a tourist, or commuting on the highways daily, it is important to understand the complexities of highway crashes, their impacts on victims and their families, and your available legal options.

At Bernstein & Maryanoff, Injury Attorneys, our Miami car accident lawyers help highway accident victims recover the compensation they deserve.

Have you been injured in a Miami highway accident? Get immediate legal help today.

Table of Contents
  • Florida Highway Accident Statistics
  • What Is the Major Cause of Highway Accidents in Florida?
  • Common Types of Highway Accidents and Resulting Injuries
  • What To Do Immediately After a Highway Accident in Florida
  • Understanding Your Legal Rights After a Florida Highway Accident
  • How Bernstein & Maryanoff, Injury Attorneys, Can Help You
  • FAQ

Florida Highway Accident Statistics

Florida car accident statistics for 2024 show there were 381,153 crashes, 246,367 injuries, and 3,163 fatalities. As of May 15, 2025, there have been 132,494 crashes, 86,864 injuries, and 993 fatalities so far this year.

What Percentage of Car Accidents Are on the Highway?

While the exact percentage of highway car accidents in Florida is not currently being reported, the majority of accidents in the state occur on highways, including:

  • I-4
  • I-10
  • I-75
  • I-95
  • I-275
  • I-595
  • Florida Turnpike
  • Veterans Expressway
  • US 19
  • US 301
  • US 1

The severity of accidents on Florida’s highways tends to be more severe and carries a higher risk of fatalities due to traveling at high speeds. Higher crash rates occur on I-4, I-75, I-95, and the Florida Turnpike, as well as in cities like Miami, Tampa, and Orlando, because of excessive traffic.

Looking at crash data from 2023, there were:

  • 395,175 crashes
  • 252,285 injuries
  • 3,375 fatalities

Looking at crash data from 2022, there were:

  • 397,620 crashes
  • 252,169 injuries
  • 3,553 fatalities

The trends over the past three years show that while the number of crashes overall is declining, the state still averages around 250,000 injuries, and over 3,000 fatal car accidents in Florida annually. 

What Is the Major Cause of Highway Accidents in Florida?

The major causes of highway accidents in Florida are:

  • Speeding
  • Weaving in and out of traffic
  • Distracted driving
  • Texting while driving
  • Driving under the influence
  • Drowsy driving/highway hypnosis
  • Following too closely
  • Aggressive driving/road rage
  • Reckless driving
  • Poor road/weather conditions
  • Vehicle malfunctions/blown tires

Common Types of Highway Accidents and Resulting Injuries

Common types of Florida highway accidents include:

  • Rear-end collisions
  • Side-impact collisions
  • Head-on collisions
  • Multi-vehicle pileups
  • Broadside collisions
  • T-bone accidents
  • Side-swipe collisions
  • Rollover accidents
  • Jack-knife truck accidents
  • Illegal motorcycle lane-splitting accidents

Depending on the type of vehicles involved and the number, injuries can range from minor to severe, or even fatal. These injuries can include:

  • Whiplash
  • Sprains and strains
  • Neck injuries
  • Shoulder injuries
  • Torn and damaged ligaments and muscles
  • Cuts, scrapes, bruises, and lacerations
  • Fractured and broken bones
  • Back and spinal cord injuries
  • Head injuries
  • Traumatic brain injuries (TBIs)
  • Internal organ injuries
  • Internal bleeding
  • Burns
  • Wrongful death

Why Are Rear-End Collisions So Common on Interstate Highways?

Rear-end collisions are so common on interstate highways due to a combination of different factors, including:

  • Distracted driving
  • Following too closely
  • Changes in the flow of traffic
  • Heavy traffic
  • Not checking blind spots before changing lanes
  • Speeding through construction zones
  • Sudden traffic stops in congested areas
  • Improper lane changes
  • Aggressive driving/road rage

What To Do Immediately After a Highway Accident in Florida

After being involved in a Florida highway accident, you should:

  • Ensure safety: Florida law allows people to move their vehicles onto the shoulder if they are still drivable. If you cannot move your vehicle and are not injured, carefully exit the vehicle and wait a safe distance from the highway until the police arrive.
  • Do not leave the scene: It is a criminal offense to flee the scene of Florida car accidents. If someone drives off, attempt to get their license plate and type of vehicle (make, model, color).
  • Check for injuries: Check yourself and others involved in the car crash for injuries.
  • Call 911: Report the accident immediately and request medical assistance for any injuries.
  • Seek medical care: Even if injuries seem minor, it is vital to get medical treatment as soon as possible.
  • Gather evidence: Take videos and pictures of the accident scene, including damages to all vehicles, skid marks, and road conditions.
  • Exchange information: Florida law requires all drivers to exchange their name, address, phone number, insurance, and vehicle information with one another.
  • Obtain contact details of any witnesses: Get the name and phone number of any witnesses who can provide a statement.
  • Only provide facts when speaking to the police: You should never admit any fault in the crash and only stick to the facts of how the accident occurred.
  • Notify your insurance company: Florida is a no-fault state, so you will initially open an insurance claim with your insurance company.
  • Schedule a free consultation with a highway accident attorney: You should contact Bernstein & Maryanoff for a complimentary case evaluation and consultation before speaking to your insurance company to find out your legal rights and if you can seek damages against the at-fault driver.

Understanding Your Legal Rights After a Florida Highway Accident

Florida is a no-fault state, meaning you will claim damages against your insurance first. Even if you are an out-of-state driver, you will still file a claim against your insurance first. However, once you hit your insurance caps, you are legally entitled to sue the at-fault driver for compensation to cover your losses. To do so, you must prove they were negligent for the car crash by showing the following:

  • The driver had a duty of care to you and other motorists
  • The driver breached their duty of care by their actions or behaviors, which resulted in the crash
  • You sustained actual monetary losses, such as property damage and medical expenses that exceeded your insurance caps

Some of the different types of monetary compensation you can seek from the negligent driver include:

  • All medical expenses, including prescriptions, ongoing care, physical therapy, and mental health counseling
  • Past, present, and future lost wages and loss of earning potential
  • Loss of benefits, such as health insurance and retirement
  • Pain and suffering
  • Mental anguish
  • Property damages
  • Loss of consortium/companionship
  • Wrongful death compensation, including funeral expenses

How Does Florida’s No-Fault Insurance System Work?

All Florida drivers must carry PIP (personal injury protection) and PDL (property damage liability) insurance with a minimum of $10,000 in coverage for each. PDL insurance covers property damages caused by the at-fault driver for another’s property loss.

PIP will cover 80% of your medical expenses and 60% of your lost wages, up to your coverage limits. Once you hit that cap, you can sue the negligent driver for additional compensation not covered by your PIP insurance. This includes the other 20% of medical expenses and 40% of lost wages not covered by PIP.

To ensure you receive the compensation you deserve, it is important to seek legal counsel and advice from the experienced highway car crash attorneys at Bernstein & Maryanoff.

How Bernstein & Maryanoff, Injury Attorneys, Can Help You

Obtaining legal advice and assistance in filing your highway car accident injury claim from Bernstein & Maryanoff ensures you receive maximum compensation from the at-fault party. Our law firm is experienced at navigating Florida’s no-fault system and provides the following:

  • Free case evaluation, consultation, and legal advice
  • Thorough investigation of the accident to prove that the other driver was negligent
  • Filing your injury claim with the insurance companies
  • Negotiating with the insurance companies to reach a reasonable settlement
  • Representing you at trial if necessary
  • Compassionate, personalized legal support
  • Dedicated lawyers and legal team

Before speaking to your insurance company about your highway accident, contact our Miami car accident lawyers for a free consultation today. We also provide legal representation for the common causes of intersection car accidents in Florida.

Get expert legal advice now. Call us for your free consultation.

FAQ

If I Was Partially at Fault for a Highway Accident, Can I Still Recover Compensation in Florida?

Florida’s modified comparative negligence law allows people to recover compensation, as long as they are less than 50% at fault, with their settlement reduced by their percentage at fault. For example, you are 25% at fault for the highway accident. Your total settlement is $30,000, which would be reduced by $7,500 (25%). So, you will receive a final settlement of $22,500.

What Is the Statute of Limitations For Filing a Personal Injury Claim After a Highway Accident in Florida?

You only have two years from the accident date to file a personal injury claim under Florida’s statute of limitations.

How Long Does It Typically Take To Settle a Highway Accident Case in Florida?

It depends on the specific circumstances of the case. Generally, most highway accident cases settle within six to 12 months. However, if the insurance company refuses to settle, and the case needs to go to trial, it can add another year, possibly longer, to the process.

What Kind of Evidence Is Most Important To Collect After a Highway Accident?

You want to collect sufficient evidence to show the other driver was negligent, including:
·        Video and pictures of the accident scene and damage to each vehicle
·        Witness statements
·        Your medical records showing the extent of your injuries
·        Proof of lost income/earning potential
·        Property damage estimates
·        A copy of the police report

Do I Need To Go to Court if I Hire Bernstein & Maryanoff for My Highway Accident Claim?

Usually not, as the majority of highway accident claims are settled without having to go to court. In the rare event your case does go to court, you can be required to attend certain court proceedings with your attorney.

What Are the Common Mistakes People Make After a Highway Accident That Can Hurt Their Claim?

Some common mistakes people can make after being injured in a highway accident that can have direct impacts on their claim and settlement include:
 
·   Admitting fault or partial fault
·        Not collecting evidence
·        Fleeing the scene of the accident
·        Not seeking medical care
·        Not speaking to a car crash attorney for free legal advice
·        Accepting the initial settlement without consulting a car accident lawyer

Sources:

FLA. STAT. § 768.81. (2025).

FLA. STAT. § 95.11(5). (2025).

Traffic Crash Reports: Crash Dashboard. (2025).

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      • Jack G. Bernstein, Esq.
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      • Brian D. Glatzer, Esq.
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