Understanding Liability for Car Accident Injuries in Florida

Each year, thousands of car accidents occur in Pinellas County, including the Clearwater area. These crashes lead to serious consequences—over 10,000 injuries annually—ranging from broken bones and soft tissue damage to life-altering conditions like spinal cord injuries or traumatic brain injuries. No matter how severe the injury, one thing remains the same: the financial toll can be overwhelming.

If you’ve been injured in a car accident, you should not have to shoulder the burden of medical bills, lost wages, and other costs on your own—especially if someone else is at fault. At Applebaum Accident & Injury Lawyers, we help injury victims across Florida determine who is legally responsible and aggressively pursue the compensation they deserve.

Here’s what you need to know about car accident liability and how we can help you build a strong personal injury claim.

Who Is Liable After a Car Accident?

Determining liability starts with understanding the legal concept of “duty of care.” Every driver on the road is responsible for operating their vehicle in a reasonably safe manner to avoid harming others. But drivers aren’t the only ones who may be liable when an accident happens.

To build a strong case, we ask four key questions:

1. Who Owed You a Duty of Care?

Most often, this includes:

• Other drivers

• Employers of commercial or on-the-clock drivers

• Government agencies responsible for road maintenance

• Bars and restaurants that over-serve alcohol

• Mechanics and garages

• Vehicle manufacturers

2. Who Breached That Duty?

Liability hinges on whether someone failed in their legal responsibility. This could include:

• A driver who was texting or speeding

• An employer who sent an unfit driver on the road

• A bar that knowingly overserved a drunk patron

• A city that ignored a dangerous road condition

• A mechanic who missed or failed to fix a critical issue

3. Did Their Actions Cause Your Injury?

To pursue compensation, we must prove that the at-fault party’s negligence directly caused your injury. If your injuries were caused by something unrelated—or your own actions after the crash—liability may not apply.

4. What Specific Injuries or Losses Did You Suffer?

Whether it’s physical injuries, emotional trauma, or damage to your vehicle, we must clearly identify and document your losses to support a claim for compensation.

Common Liable Parties in Florida Car Accidents

Negligent Drivers

Most auto accident claims are brought against other drivers. Common causes of driver negligence include:

• Distracted driving (e.g., texting, eating, talking)

• Drunk or drugged driving

• Speeding and reckless maneuvers

• Failing to yield or obey traffic laws

Employers of At-Fault Drivers

If the driver who hit you was working at the time of the crash—such as a delivery driver, rideshare operator, or commercial trucker—their employer may also be held liable. We investigate:

• The driver’s accident history

• Whether the employer ignored warning signs

• Overworked or unsafe driving conditions

• Improper vehicle maintenance

Government Entities

When poor road design, unmarked construction zones, or neglected maintenance (like overgrown foliage or broken traffic signals) contribute to a crash, municipal or state agencies may be responsible. These claims are complex and have special deadlines, so acting quickly is critical.

Bars and Restaurants

Florida’s Dram Shop Laws may apply if a bar or restaurant served alcohol to someone visibly intoxicated who later caused a crash. These cases are fact-specific, but liability may attach if:

• Staff knew the person was intoxicated

• They continued to serve the individual

• It was clear the person planned to drive

Mechanics and Auto Repair Shops

A mechanic who recently worked on a vehicle—especially on brakes, tires, or steering components—and declared it safe may be liable if a failure contributed to your crash. We examine:

• The scope of the repair

• Whether known issues were ignored

• Any false or misleading service documentation

Vehicle Manufacturers

If a design flaw or defective part caused or worsened the accident, the automaker may be held accountable in a product liability claim. This includes:

• Known recalls

• Similar failures in other vehicles

• Crash reports indicating part malfunction

Can You Be Partially Liable?

Even if you were partly at fault—say, you were speeding or looked away momentarily—you may still recover damages in Florida under the state’s comparative fault rule. However, your compensation will be reduced based on your level of responsibility. If you are found to be more than 50% at fault, you may be barred from recovering damages altogether.

Why Legal Representation Matters

Car accident liability isn’t always clear. Multiple parties may share fault, or the at-fault party may deny responsibility. Insurance companies often try to shift blame to limit their payouts.

That’s where we come in.

At Applebaum Accident & Injury Lawyers, we investigate every detail of your case, identify all liable parties, and fight to get you maximum compensation for your injuries. We understand the physical, emotional, and financial toll of an auto accident—and we’re here to take the pressure off your shoulders while you focus on healing.

Injured in a Car Accident? Call Applebaum Today.

If you or a loved one suffered injuries in a Florida car accident, you don’t have to face the legal system alone. Contact Applebaum Accident & Injury Lawyers today for a  consultation. Let us evaluate your case and help you hold the right parties accountable.

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