Lakeland Car Accident Lawyer


David C.Dismuke Florida Bar Board Certified Civil Trial Lawyer


Florida Is a No-Fault Auto Insurance State

Florida is a no-fault auto insurance state. According to Florida state insurance requirements, most car accident victims in Lakeland will need to file accident claims under their personal injury protection (PIP) coverage.

PIP coverage can help with medical expenses, lost earnings, and other losses, no matter who was at fault for causing the collision.

There are exceptions, however. It is possible to file a third-party claim or lawsuit against the driver that caused your accident if you have experienced injuries that qualify under Florida law. These may include:

  • Scarring and disfigurement
  • Significant and permanent loss of a bodily function
  • Permanent injuries
  • Death

Filing a third-party insurance claim or personal injury lawsuit against the at-fault driver also opens the door to recovering non-monetary damages like pain and suffering, which are not recoverable in a no-fault insurance claim.

An experienced injury accident lawyer can explain the criteria for filing a personal injury lawsuit and whether your case meets those criteria. Call the 1-800-Ask-Dave legal team to learn more!

Determining Fault in Car Accidents

One of the biggest factors in a car crash case is determining the at-fault party. Although most accidents are caused by driver error, the involved parties often have differing opinions about who is responsible for the crash.

Since there are always two sides to a story, it can be up to a judge or jury to decide who was at fault in an auto accident. Different states have different systems of determining fault. In Florida, we operate under a system known as “pure comparative negligence.”

What Is Pure Comparative Negligence?

Under the pure comparative negligence standard, each party can be, and often is, partially responsible for the accident. Each party is assigned a fault percentage in this system, depending on their role in the crash.

This percentage is determined by details such as:

Florida goes by this method because the fault is not always black and white, and both parties often were partially in the wrong.

Rear-End Accidents

An easy example of partial fault can be found in rear-end collisions. At first glance, the person who rear-ended the other party would be at fault. However, this is not always the case.

These are a few scenarios in which the driver who was rear-ended could also have played a role in causing the accident:

Sudden Reversal

There is an expectation that drivers travel in a forward direction. Traveling in reverse when it could endanger other drivers does not uphold that expectation.

If you put your vehicle in reverse on a roadway and are rear-ended, you will likely have a degree of fault for that accident.

Failure to Signal

Drivers are expected to signal their turns. Failure to do so can put themselves and others in harm’s way. Imagine you’re driving down the road, and just as you are approaching an intersection, you realize that you are about to miss your turn.

Instinctively, you slam on your brakes and attempt to make the turn before it is too late. In your haste, you fail to use your blinker and stop suddenly, giving the driver behind you no indication that you are stopping to make a turn.

This scenario would likely result in you being found at fault in the accident even though you were hit from behind.

Non-Functional Brake Lights

Drivers are expected to ensure that their brake lights are working properly, as they are essential to their safety and that of others on the road. Brake lights indicate to the driver behind you that you are slowing down, and driving without them is hazardous.

If a driver is rear-ended while driving without functioning brake lights, they will likely be found to share fault in the accident.

Can I Make a Claim If I Was Partially At-fault in a Car Accident?

Unlike other fault determination standards, the pure comparative negligence system allows involved motorists to file damage claims even if accident responsibility is unequal.

This system has an advantage over other determination methods that prohibit drivers 50% or more at fault to recover damages. Under the pure comparative negligence standard, the damages that each driver can recover are limited by the degree to which they were at fault.

For example, if a motorist was in an accident and was determined to be 70% at fault, they can seek to recover 30% of the damages.

Contacting a Lakeland Car Accident Lawyer

Auto collisions are stressful, and their effects can be devastating. At our personal injury law firm, our mission is to help clients rebuild their lives after severe injuries.

We accomplish this by handling each claim with care and competence, securing the highest possible settlement or award. Our highly qualified personal injury lawyers will tirelessly pursue the best possible outcome on your behalf.

Why Choose Us for Legal Representation?

Several factors set our law firm apart from other car accident lawyers:

We also offer a free initial consultation to help you understand your options and whether you need legal counsel in the first place. You can count on our honesty when we assess your case.

What We Provide Our Clients

To recover compensation for your case, you can count on our legal team to:

We can also answer questions regarding your case, the law, or insurance. As we work on your case, we’ll inform you of any new information or changes. You’ll find comfort in that our auto accident lawyers are committed to recovering the compensation you deserve.

Why Choose Our Law Firm?

Dave has dedicated 15 years and a significant portion of his practice to auto accidents and has a well-trained staff.

We treat clients with personal service, respect, and dignity. Our core belief is that we must study every detail, out-prepare and outwork our adversaries, and treat every client like family. Personal injury is all we do, specializing in car accident cases.

Hiring a Lakeland Car Accident Lawyer to Handle Your Personal Injury Claim

At Dismuke Law, we understand how our clients are affected by accidents; therefore, we bring an empathetic attitude to the courtroom and settlement table. Our Lakeland car accident lawyers will advise you of your next steps after a devastating car crash.

We encourage you to pick up your phone and call Dave today. Allow his Central Florida legal team to go to work for you. We offer free initial consultations, and there are no fees unless we win your case. Contact us to schedule your consultation.



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Decades of Experience

Dave has dedicated 15 years and a significant portion of his practice to auto accidents and has well-trained staff in place to help you.

We Treat Clients with Excellent Personal Service, Respect & Dignity

Our core belief is that every detail must be studied, that every adversary must be out prepared and outworked and that every client must be treated like they are family.

Personal Injury is All We Do

Dave is a Florida Bar Board Certified Civil Trial Lawyer and focuses his practice on automobile accidents.
David C. Dismuke

We Remove the Fear

of Going Through the Process of a Personal Injury Claim

The team at Dismuke Law understands how our clients are affected by accidents and brings that empathy to the courtroom and settlement table every day.