Results may vary depending on your particular facts and legal circumstances. The attorney featured above is licensed in Florida. For a full list of attorneys in your state please visit our attorney page.
DAYTONA BEACH CAR ACCIDENT ATTORNEY
When a collision upends your life in Daytona Beach, you may find that insurance alone isn’t enough to make things right. Florida’s no-fault laws can limit your recovery and complicate your path to full compensation, especially after serious injuries. At Morgan & Morgan, we know how to navigate those limits and fight for every dollar you’re owed.
Results may vary depending on your particular facts and legal circumstances. The attorney featured above is licensed in Florida. For a full list of attorneys in your state please visit our attorney page.
Daytona Beach Car Accident Lawyer
Following a crash, many car crash victims will not receive the compensation they need through insurance claims alone. Recent changes in insurance law have affected victims’ rights to file personal injury lawsuits, but our car accident lawyers have decades of combined experience handling automobile accident claims and have the ability to adapt our practice to changes in insurance law.
Under current laws, your ability to take legal action will hinge on the severity of your injury. At Morgan & Morgan’s Daytona Beach office, our car crash attorneys understand which pieces of evidence will be vital in demonstrating the gravity of your injury and proving that you have the right to pursue additional compensation through a personal injury lawsuit.
If you or a loved one has been injured in a motor vehicle, truck, or motorcycle wrecks, our attorneys may be able to help. To contact us today regarding your crash, please complete our free case review form.
How Can Personal Injury Protection (PIP) Insurance Affect My Car Accident Case?
{: .pull-right .offset1 .frame1 style="width: 200px; margin-top: 5px;"}Florida has made changes to its insurance laws to reduce the number of crash-related lawsuits and to lower insurance rates. Automobile wreck victims must meet an “injury threshold” to be eligible to pursue additional compensation through a personal injury lawsuit. Injuries which meet this threshold include paralysis, brain damage, significant head injuries, permanent scarring and disfigurement, or fractured bones.
If your car accident lawyer cannot prove your injury meets this threshold, you may not be able to file a lawsuit for additional compensation. An immediate evaluation by a physician, in addition to further testing and monitoring at the hospital, can be vital in proving that your injury is severe enough to warrant legal action under Florida’s insurance laws.
Car Accident Lawsuit Process
After the Accident
Immediately following the motor vehicle crash, it is important for you to receive a thorough physical evaluation. Your physician can:
- Help determine if you have an “emergency medical condition,” which can increase the benefits you can collect under PIP coverage
- Record any visible scratches, lacerations, or bruising
- Determine if there is any readily apparent internal damage
- Find evidence that an injury may manifest at some point in the future
The information documented in this evaluation can be crucial to the success of your case and the amount of compensation you may be able to recover. Following this initial evaluation, you should contact a car accident attorney to learn more about your legal options.
It is important that you do not discuss the wreck or your injury with anyone other than your physician and attorney. Anything you say can be used against you during future negotiations and litigation. Your car accident lawyer will handle all discussions concerning the case on your behalf.
Collecting Insurance Benefits
In many cases, it is unlikely that your PIP benefits will cover the cost of all damages you have incurred. An attorney can help ensure you recover the maximum amount of benefits available to you and determine whether your injury is severe enough to warrant a lawsuit for additional compensation.
Investigation
Your car accident lawyer will launch an investigation to collect evidence that will substantiate and support your automobile accident lawsuit. During this investigation, your attorney may interview witnesses, review police reports and photographs, examine medical records, and recreate the scene of the car crash with the assistance of reconstruction experts.
The information your car accident lawyer gathers will aim to show how the other party, most commonly another driver, was negligent and therefore responsible for your damages.
Constructing Your Claim and Complaint
Following his or her investigation, your attorney will construct a claim detailing the injury you have sustained, explaining how the other party was negligent, and stating the amount of compensation that you are seeking. The strength of your case will hinge on the evidence your attorney is able to include in your claim.
Negotiation(s) and Litigation
Prior to filing your lawsuit, your attorney may attempt to reach a settlement agreement to avoid bringing the case to court. If negotiations are unsuccessful, your attorney will file your lawsuit with the court. The court will permit both sides the chance to carry out additional investigations to gather further evidence in support of their claims.
During this time, your attorney may engage in another round of negotiations in a last minute attempt to avoid litigation. Should negotiations fail, your case will be tried in front of a judge or jury, who will then determine liability for the crash and the amount of compensation you may be entitled to recover, if any.
Motorcycle Accident Attorneys
As the host of Bike Week and Biketoberfest, Daytona Beach has hundreds of thousands of motorcyclists using their city’s roadways each year. Unfortunately, bikers lack the protection of four-wheel vehicles and therefore have an increased chance of suffering a fatal or serious injury in the event of a crash.
In Florida, motorcyclists are not required to purchase PIP insurance and are therefore eligible to file a personal injury lawsuit, regardless of the severity of their injury. In seeking compensation for your injuries, your motorcycle attorney will collect evidence showing how the other party was negligent in the operation of their vehicle.
Another driver may be considered negligent if he or she fails to pay attention to their surroundings and others on the roadway, turns left into the path of a motorcyclist, changes lanes without checking their mirrors, fails to give the biker the right of way, or operates his or her vehicle while distracted.
Truck Accident Attorneys
With major interstates, including I-95 and I-4, running through Daytona Beach, thousands of commercial trucks, tractor-trailers, 18 wheelers, and semi-trucks pass through the city every day. Trucks are significantly less maneuverable, heavier, and larger than other vehicles on the road, and therefore put other drivers on Florida’s overcrowded interstates at an increased risk of serious injuries. To help ensure a safe driving environment, truck drivers and trucking companies are required to adhere to local and state regulations, as well as a set of laws passed by the Federal Motor Safety Administration regulating the operation and maintenance of trucks.
If the truck’s driver, owner, manufacturer, or maintenance crew fails to adhere to these regulations, and a wreck occurs, they may be liable for any resulting damages. If you or a loved one has been injured in a crash, it is important to hire an experienced truck accident attorney.
Injuries and Compensation
The attorneys in our handle cases on behalf of clients who sustained injuries including, but not limited to, disfigurement, lacerations, severe head trauma, spinal cord injuries, paralysis, fractures, and internal organ damage.
Our attorneys also delicately handle cases involving fatal crashes, pursuing compensation on behalf of the victim’s surviving family members.
Our attorneys may be able to help you recover compensation for your losses, including:
- Current and future related medical expenses
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Mental anguish
- Loss of consortium
- Loss of enjoyment of life
- Funeral expenses and other related costs
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The attorney featured above is licensed in Florida. For a full list of attorneys in your state please visit our attorney page.
Results may vary depending on your particular facts and legal circumstances.
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What do I need to know about Florida’s no-fault system and PIP coverage?
Florida’s Personal Injury Protection (PIP) system is designed to provide swift coverage for medical bills and lost wages following an accident; however, it also imposes limits that often leave victims with insufficient coverage.
Under PIP, your own insurer typically pays up to 80% of medical expenses and 60% of lost wages, regardless of who caused the crash. To qualify, you must:
- Seek medical treatment within 14 days of the accident; and
- Have a doctor certify that you suffered an “emergency medical condition.”
PIP has a $10,000 cap, and it doesn’t cover pain and suffering, long-term care, or vehicle damage. If your injuries are serious, such as fractures, disfigurement, paralysis, or traumatic brain injury, you can step outside the no-fault system and pursue a lawsuit against the at-fault driver for full compensation.
Our attorneys build medical and legal evidence to demonstrate that your injuries meet Florida’s serious injury threshold, thereby opening the door to a broader recovery.
How does Florida’s modified comparative negligence rule work?
Florida follows a modified comparative negligence rule, which means your compensation can be reduced if you’re found partially at fault. If you’re more than 50% responsible, you can’t recover at all.
For example:
If you’re awarded $100,000 but found 20% at fault, you’d receive $80,000.
Insurance companies love to exploit this rule, blaming victims for things like “following too closely” or “failing to brake fast enough.” Our Daytona Beach attorneys counter those tactics with reconstruction data, dashcam footage, and eyewitness testimony to keep the fault where it belongs.
What should I do right after a car accident in Daytona Beach?
Your actions in the first few minutes can shape your entire case. Protect yourself by taking these steps:
- Check for injuries and call 911 immediately. Safety and medical attention come first.
- Move vehicles out of traffic if it’s safe to do so and turn on hazard lights.
- Call the police and ensure a formal report is filed, even for minor crashes.
- Exchange information with all drivers and witnesses, but avoid discussing fault.
- Document the scene with photos or videos of vehicles, skid marks, signage, and road conditions.
- Seek medical care immediately, even if you feel fine; some injuries surface later.
- Contact Morgan & Morgan before speaking with any insurance adjuster.
Early documentation, consistent medical follow-up, and legal guidance are the foundation of a strong claim.
What are the common causes of car accidents in Daytona Beach?
Daytona Beach’s mix of locals, tourists, and high-volume traffic on I-95, A1A, and International Speedway Boulevard makes collisions common. Frequent causes include:
- Distracted or texting drivers
- Speeding and aggressive lane changes
- Impaired driving (alcohol or drugs)
- Drowsy or fatigued drivers
- Reckless behavior during Bike Week and Spring Break
- Failing to yield or running red lights
- Poor weather or slippery coastal roads
Even cautious drivers can’t always avoid negligent motorists. If someone else’s carelessness caused your crash, you have the right to seek compensation.
How do I prove fault after a car crash?
To recover damages, you must show the other party acted negligently. Evidence that helps establish fault includes:
- The official police report
- Witness statements and contact info
- Photos and videos from the scene
- Traffic camera or dashcam footage
- Vehicle “black box” data
- Traffic citations or admissions of fault
- Accident reconstruction reports
We move fast to preserve and analyze this evidence before it disappears.
What about uninsured and underinsured drivers in Daytona Beach?
Not every driver carries enough coverage to pay for the damage they cause. If you’re hit by someone uninsured or underinsured, you may still have options:
- Uninsured/Underinsured Motorist (UM/UIM) coverage can help pay for medical bills, lost income, and pain and suffering.
- Your collision coverage may cover vehicle damage.
- If another party (like a negligent employer or rideshare company) contributed to the crash, we can pursue them as well.
Our attorneys identify every available policy and fight for full compensation from all responsible sources.
What about an accident involving rideshare, delivery, and rental cars?
Accidents involving Uber, Lyft, Amazon, DoorDash, or rental vehicles come with layered insurance coverage and complex liability rules. Depending on whether the driver was “on the app,” en route, or off duty, coverage may shift between personal and corporate policies.
We analyze employment records, GPS data, and dispatch logs to determine which insurer is responsible and ensure that none of them evade accountability.
What types of compensation can I recover?
Every crash is different, but victims in Daytona Beach may be entitled to recover for:
- Medical expenses (hospitalization, surgery, physical therapy, medications)
- Lost wages and future earning capacity
- Pain and suffering and emotional distress
- Property damage and vehicle repair or replacement
- Permanent disability or disfigurement
- Loss of consortium and reduced quality of life
- Punitive damages, in extreme cases of reckless or intentional misconduct
We collaborate with medical experts, economists, and vocational specialists to calculate your total losses, not just the amount insurers are willing to offer.
When should I contact a lawyer?
It’s best to consult with a car accident attorney before speaking with the insurance company. Insurance adjusters are trained to:
- Record your statements and use them to minimize payouts.
- Offer quick settlements that don’t cover future medical needs.
- Argue your injuries aren’t related to the crash.
Our team handles all communication with insurers, ensuring your words can’t be twisted against you.
How much does it cost to hire Morgan & Morgan?
You pay nothing up front. We work on a contingency fee basis, meaning The Fee Is Free™. You only pay a portion of your settlement if we win the case: no retainers, no hourly billing, no risk.
This structure ensures your lawyer’s goals are perfectly aligned with yours: maximum compensation, as fast as possible.
Why should I choose Morgan & Morgan in Daytona Beach?
After a crash, you need more than just representation; you need a law firm that can match the insurance companies’ power and persistence.
At Morgan & Morgan, we’ve helped thousands of Floridians recover after devastating car accidents. Our Daytona Beach attorneys combine local insight with the national resources of America’s Largest Injury Law Firm. We handle everything, including medical records, expert reports, negotiations, and litigation, so that you can focus on your recovery.
If you’ve been injured in a car accident in Daytona Beach, don’t wait to get help.
Complete a free, no-obligation case evaluation today and let us begin fighting for you.
Because at Morgan & Morgan, we’re For The People, not the powerful.
