Car Accident Lawyer Polk County

Dealing with a car accident can be a nightmare. Whether you recover quickly from your injuries or you are facing a long road of recovery, no one wants to deal with the insurance company or try to manage a lawsuit in addition. Our car accident lawyer Polk County law firm has the local knowledge and experience you need.  

If a car accident has left you injured, you need the support of our experienced injury accident attorneys to make your life easier and pursue the compensation you deserve. Howell & Thornhill, P.A. is committed to supporting your case and prioritizing your goals. 

Why Choose Howell & Thornhill, P.A. for Your Car Accident Case 

When you work with Howell and Thornhill, P.A., we work hard to make you feel confident that we got this. Established in 1975, our car accident lawyers have provided personalized representation for victims of negligence. We offer flexible meeting environments, including our office, your home, or even a hospital setting. We value face-to-face interactions with our clients, and part of that is ensuring that our clients can speak directly with one of our car accident attorneys to get their questions answered. Your priorities come first. 

We know that many injury victims may have fears that a car accident attorney will come in and take over your case, making the big decisions and letting you know afterward. The reality is we work for you. We will facilitate your case by handling the legal process and providing you with information on your options. We will offer insight and advice on what we would recommend, but any decisions about your case are yours, and we will support your choices regardless. 

Polk County Experiences a High Number of Car Accidents 

Polk County often experiences a higher-than-average number of car accidents. According to the Florida Highway Safety and Motor Vehicles (FHSMV) Crash Dashboard, more than 12,750 crashes were reported in Polk County in 2024. The data shows that 105 of them were fatal accidents, over 6,000 resulted in injuries; an astonishing 2,654 accidents were hit-and-runs.

What Makes Polk County Unique?

One consideration for the accident rate in Polk County is the proximity to many of Central Florida’s popular tourist attractions. These locations, Universal Studios, Disney World, and Legoland, invite out-of-town drivers who are unfamiliar with the area. This makes places like the US 27, I-75, and I-4 interchanges particularly dangerous.

Additionally, Polk County has been one of the fastest-growing counties in Florida for the last few years. With this influx of new residents comes drivers who are unfamiliar with the area. There’s also the changing landscape of local roads as new businesses and residential areas are developed and built. 

Common Causes of Car Accidents in and Around Polk County

Florida Highway Safety and Motor Vehicles provides annual reports regarding accident statistics. In the most recent Crash Facts Report, we see a breakdown of various driver actions that led to an accident. 

Careless Operation

The most common cause of accidents involves drivers operating a vehicle in a careless or negligent manner. The term is not clearly defined in the report, but it can encompass many reckless behaviors behind the wheel that put the safety of others on the road at risk.

Failure to Yield

Another common cause of accidents is the failure to yield the right of way. Most often, this happens when someone fails to signal or allow other oncoming vehicles to pass. When it comes to tourists, they may try to make a last-second lane change or turn when they are unfamiliar with the route they are taking. 

Following Too Closely 

Tailgating and following too closely are other common causes of accidents. This most often results in a rear-end collision. In most circumstances, the person following too closely is considered responsible for the accident. However, the driver ahead of a vehicle may be liable for a crash if they were driving aggressively or erratically, making it difficult to maintain a safe distance.

Failure to Maintain Lane 

Failing to maintain your lane can refer to frequent lane changes or weaving between lanes of traffic. This can cause sideswipe collisions or force someone off the road entirely.

Other Common Causes of Car Accidents

Other common causes of car accidents in the Polk County areas include:

• Improper passing
• Improper turns 
• Exceeding the posted speed limit
• Driving too fast for conditions
• Driving on the wrong side of the road
• Driving the wrong way on a one-way road
• Overcorrecting behind the wheel

Florida’s No-Fault Insurance Structure May Affect Your Claim 

A factor that determines how you handle your case is whether your state uses a no-fault or at-fault insurance model. Many states operate under at-fault models, which require the liable party to pay for the damages they caused. However, Florida is considered a no-fault insurance state.  No-fault insurance just means that Personal Injury Protection coverage of the injured person pays $10,000 in medical bills.  This payment by your own insurance should not raise your premiums.  In our opinion, it does not make sense that your own insurance would pay anything.  However, this is the law the insurance companies passed so you must submit your first $10,000.00 in medical bills to your own insurance.

Filing a Claim in a No-Fault System

The payment by your own insurance is only at 80% typically, leaving you holding the bag for 20% of the medical bills.  Contact a lawyer to make sure that you hold the insurance for the driver at fault responsible for the 20% as well as the bills over $10,000.00.

You must see a medical provider within 14 days to have this $10,000 PIP coverage.  So, don’t delay in seeking medical care or you will jeopardize your rights.

When the Other Driver Does Not Have Liability Insurance for your Injuries

If the other driver has the very basic coverage that does not include bodily injury liability coverage, then the insurance for the driver at fault will not pay for your bills.  You need to check if you have uninsured motorist coverage to protect in this situation.  It’s best to speak with our car accident lawyers in Polk County to determine the optimal course of action. In many cases, we may be able to offer you options you were not aware of, such as the insurance for the car at fault, the insurance for the driver at fault, the insurance for the employer for the driver at fault, your uninsured motorist coverage, or the underinsured motorist coverage of you resident relative.

Establishing Negligence in a Polk County Car Accident

The key to a successful lawsuit is establishing the other party’s negligence. This is done by providing evidence of four things:

• Duty of Care: The other driver had a reasonable duty of care to protect others on the road and drive safely 
• Breach: The responsible party failed to fulfill this duty. In a car accident, this is typically due to violating traffic laws
• Cause: The responsible party’s breach caused your accident
• Harm: The accident caused your injuries

In a car accident, this can often be done with relative ease through witness statements, police reports, and medical bills or records. Oftentimes, the biggest challenge is establishing cause-and-effect between the medical care treatments required and the car accident. However, an attorney may utilize expert witnesses or a physician’s statements to demonstrate causation.

Important Considerations for Pursuing a Lawsuit 

Many people are uncertain about whether and when they should call an attorney. The decision is important, and entirely yours. However, we suggest you consider a few points as you make up your mind. 

Time Limit to File a Car Accident Claim

The sooner you hire an attorney, the better. You have 14 days to see a doctor or you lose the $10,000 PIP coverage for medical bills on your insurance.  In addition, Florida establishes a statute of limitations of two years to file a lawsuit for a car accident. This may seem like a long time, but medical treatment can be a slow process and insurance companies often stall in negotiations.  We urge you to contact a lawyer immediately.

Modified Comparative Negligence in a Car Accident Case

Florida observes comparative fault laws, which can affect the compensation you recover. This means you can still recover damages if you were partially at fault, but your share of responsibility will affect the amount of money you can recover. If you have any concerns that you may have contributed to your accident, or that the insurance company is trying to blame you, it may be time to contact a lawyer sooner rather than later. You can still likely recover compensation, but you may need additional advocacy to avoid unfair responsibility.  

The Cost of Hiring a Car Accident Attorney

Many people avoid speaking with attorneys because they worry it will cost too much, or they will pay thousands of dollars even if they lose the case. At Howell & Thornhill, P.A., we understand this concern, which is why we operate on a contingency basis. This means you do not owe us anything unless we recover compensation for you. If we don’t win, you don’t pay any fees or costs. This allows you to get the legal guidance you deserve without added financial pressure.

Common Injuries in Polk County Accidents 

The reported injuries in car accidents vary widely. Many people walk away with no injuries, but our clients may be facing significant challenges. Some of the more common types of injuries we see in our clients include:

• Broken bones 
• Lacerations and significant scarring 
• Brain injury 
• Soft tissue injury 
• Internal bleeding

If a loved one dies in a crash, our Polk County car accident attorneys work with the surviving family members and may pursue a wrongful death claim on their behalf. These claims can allow the family to seek compensation from the responsible party and recover some measure of financial support while they try to acclimate to life without their loved one. 

Compensation Available in Your Car Accident Case 

Many people find a degree of emotional closure following a lawsuit. It can be cathartic to see someone who has hurt you through carelessness face consequences. However, the primary goal of most lawsuits is financial compensation. Every case is different, but some of the damages our clients may be eligible to claim include:

• Medical Bills (current and anticipated)
• Lost Wages
• Loss of earning capacity 
• Out-of-pocket costs related to treatment 
• Loss of consortium 
• Pain and suffering 

When you suffer injuries because of a traumatic event like a car accident, they can be life-altering. They can leave you with chronic pain, require long-term treatment, or require you to stay out of work and miss critical income. Whether they occur for a few weeks or the rest of your life, you should not have to bear the consequences of someone else’s negligence. 

Contact Our Car Accident Lawyer Polk County FL Law Firm

We cannot make your injuries go away, nor can we erase the emotional toll they take on you and your family. Our goal is to help you regain the financial means to obtain the resources and support you need to return to your old life. 

When you contact the team at Howell & Thornhill, P.A., you have the opportunity to speak with one of our attorneys to discuss your case and learn about your options. Our consultations are complimentary and come with no obligation, so contact our law firm today.