Winter Garden Car Accident Lawyer

Devastating car accidents can occur almost anywhere in Winter Garden and throughout Orange County, but it may be possible to seek financial compensation if you are injured. Most Central Florida residents and visitors do not focus on the risks of a traffic crash. Yet motor vehicle collisions are extremely common in Orange County, and vehicle occupants as well as bicyclists and pedestrians are routinely hurt in collisions that occur. More often than not, car accidents in Winter Garden result from another driver’s negligence. Negligence can take many different forms, but it refers to a driver behaving in any manner that a reasonable person would not consider prudent under the circumstances. All drivers owe a duty of care to others on the road, and when they breach that duty of care, they can be liable for injuries.

After a car accident in Winter Garden, it is essential to seek legal advice about your options for financial compensation. You should search for a “car accident lawyer near me” and seek out a local car accident lawyer who is also the best car accident lawyer for your case. You may be able to file a car accident lawsuit against one or more parties, and a dedicated Winter Garden car accident lawyer at Dolan Dobrinsky Rosenblum Bluestein LLP can help. 

Learning More About Winter Garden Car Accidents

Car accidents happen more often than you might think in Winter Garden and throughout Orange County. Each year, Florida Highway Safety and Motor Vehicles (FLHSMV) collects data on motor vehicle collisions across the state and on a county-by-county basis. The following are some of the key facts and figures about car accidents in Winter Garden and Orange County, as well as in Florida more broadly, during 2024, which is the most recent year of reporting:

• 23,644 crashes occurred in Orange County alone;
• 135 people suffered fatal injuries in Orange County motor vehicle crashes;
• 18,068 people were injured in car accidents in Orange County;
• Orange County had a total of 11,560 injury crashes, 551 bicycle crashes, 503 motorcycle crashes, 128 fatal collisions, 8 bicycle fatalities, 25 motorcycle fatalities, and a total of 625 pedestrian accidents and 37 fatalities;
• Hit-and-run crashes are a problem in Orange County, where more than 5,600 hit-and-run accidents took place and more than 1,500 people sustained injuries;
• Statewide, Florida had a total of 353,707 crashes, which included 2,599 fatal crashes, 2,783 fatalities, 149,348 injury crashes, and a total of 228,475 injuries;
• While Florida has a total of 67 counties, Orange County car accident injuries account for nearly 8 percent of all crashes and nearly 5 percent of all fatalities in the state; and
• Intoxicated driving and speeding were leading causes of crashes resulting in injuries and deaths in Orange County and throughout the state.

Winter Garden is a highly trafficked place, due to a significant population and a high number of tourists visiting Central Florida and either staying in or driving through Winter Garden. It is important to know that a Winter Garden car accident attorney at Dolan Dobrinsky Rosenblum Bluestein LLP can assist you whether you are a Florida resident or suffered injuries in a collision while you were visiting the state. No matter what kind of collision you were in, our firm can assist you. We have an experienced drunk driving accident lawyer, distracted driving accident lawyer, rear-end collision attorney, T-bone accident lawyer, head-on collision lawyer, Uber accident lawyer, Lyft accident attorney, commercial vehicle accident lawyer, and fatal car accident lawyer who can begin working with you today on your claim.

Car Accident Cases Our Firm Handles in Winter Garden

At Dolan Dobrinsky Rosenblum Bluestein LLP, our experienced Winter Garden auto accident lawyers represent injured plaintiffs in many different kinds of car accident cases, including but not limited to the following:

• Drunk driving accidents;
• Drugged driving accidents;
• Distracted driving accidents;
• Aggressive driving accidents;
• Speeding accidents;
• Red light and stop sign accidents;
• Head-on collisions;
• Rear-end collisions;
• T-bone accidents;
• Side-swipe accidents;
• Intersection accidents;
• Uber accidents;
• Lyft accidents;
• Truck accidents;
• Commercial vehicle accidents;
• Bus accidents;
• Motorcycle accidents;
• Bicycle accidents;
• Pedestrian accidents; and
• Fatal car accident cases.

Common Injuries in Winter Garden Car Accidents?

The type and severity of injuries in a Winter Garden car accident can vary widely depending on the details of the crash and specific factors involved in the case, such as underlying conditions of the vehicle occupant, the types of vehicles involved in the crash, the speed at which the vehicle or vehicles were traveling, and the area where the collision occurred. In general, the following are common injuries that occur in Central Florida car accidents, and for which our Winter Garden injury attorneys can help you to seek financial compensation:

• Traumatic brain injuries (TBIs);
• Spinal cord injuries (SCIs);
• Broken bones or fractures;
• Amputations;
• Burn injuries;
• Cuts and lacerations;
• Contusions or bruises;
• Organ damage and other internal injuries; and
• Facial lacerations and disfigurement.

It is essential to seek a medical assessment after any car accident that occurs in Winter Garden. There are many types of injuries that may not produce immediate signs and symptoms, especially serious head and neck injuries, according to the Mayo Clinic. To be sure, some injuries could take hours or even days for signs to appear, at which point the injury may have worsened significantly. By seeing a health care provider as soon as possible and having a full medical workup after a motor vehicle collision in the Winter Garden area, you can begin treatment for any injuries you sustained in the crash.

Who is Liable for a Winter Garden Car Accident?

Liability for a Winter Garden car accident will depend on the cause of the accident and other factors specific to the case. In many cases, another driver’s negligence — meaning their careless driving, or reckless driving in some cases — will be the cause of the collision. When another motorist is negligent, they can be held liable for injuries if you can prove that they acted negligently. Common examples of driver negligence include but are not limited to the following:

• Speeding, including driving too fast for conditions even when traveling below the posted speed limit;
• Running a red light;
• Following too closely;
• Texting while driving, or engaging in any other type of distracting behavior;
• Driving without getting enough sleep, or while being too fatigued to focus appropriately on the task of driving;
• Driving under the influence of alcohol or drugs;
• Aggressively trying to prevent another car from passing or changing lanes;
• Driving the wrong way on a road or highway; and/or
• Failing to come to a stop at a stop sign or other intersection where necessary. 

When a driver is liable for a car accident in Winter Garden due to negligence, you will need to prove the elements of a negligence claim if you file a car accident lawsuit against that motorist. In general, the following are the elements of a car accident claim brought on a theory of negligence in Florida:

• Defendant owed you a duty of care (this is easy to prove since all drivers automatically owe a duty of care to others on the road when they get behind the wheel of a car and drive);
• Defendant breached the duty of care (you will prove this by showing how the defendant was negligent, such as one of the behaviors, acts, or omissions listed above);
• Defendant’s breach of the duty of care caused harm to you (you will show that the defendant’s negligence caused the accident in which you were injured); and
• You suffered damages (you will show that you sustained both economic and noneconomic losses as a result of your injuries). 

What Damages Can I Seek in a Winter Garden Car Accident Case?

Once you determine liability and file a car accident lawsuit against the liable party, you can seek two kinds of compensatory damages, which include economic and non-economic damages. Economic damages will compensate you for financial losses you incurred, like your medical bills or the wages you lost due to your inability to work. Non-economic damages will compensate you for subjective losses that do not have an objective dollar amount attached to them, such as compensation for the pain and suffering you have experienced. 

In particularly egregious cases where a plaintiff can show by clear and convincing evidence that the “defendant was personally guilty of intentional misconduct or gross negligence,” it may be possible to obtain punitive damages. Punitive damages punish, rather than compensate, and they are uncommon in car accident lawsuits but may be possible in certain cases.

Comparative Fault and the Plaintiff’s Own Liability

Sometimes a defendant will raise the issue of the plaintiff’s own liability in a car accident lawsuit. This type of defense falls under the category of “comparative fault,” and it is important to understand how your own liability might impact your case and your ability to recover damages. 

Under Florida’s comparative fault law, Florida is what is known as a “pure comparative fault” state. In pure comparative fault states like Florida, a plaintiff can still recover damages in a car accident lawsuit even if they are partially liable for the accident. This is how pure comparative fault works: if a defendant can successfully prove that a plaintiff is partially liable, the court will determine the percentage of the plaintiff’s fault, and the plaintiff’s damages award will be reduced by that percentage. 

For example, if you are awarded $100,000 in a car accident lawsuit but the court determines that you are 20 percent at fault because you were speeding at the time of the crash (even though the defendant was intoxicated, for example, and ran a red light), then your damages award would be reduced by 20 percent. So, $100,000 would be reduced by 20 percent, or $20,000, and you would recover $80,000. 

It is important to remember that when a defendant raises the issue of comparative fault, you will be able to work with your lawyer to provide evidence that shows you were not at all responsible for the accident and therefore should not be considered even partially liable.

How Much Time Do I Have to File a Winter Garden Car Accident Lawsuit?

If you want to file a car accident lawsuit in Winter Garden, you will need to pay attention to the timeline set forth by the statute of limitations. For most car accident lawsuits in Florida, a two-year statute of limitations applies. What that means is this: you must file your lawsuit within two years from the date that the accident happened and you sustained personal injuries. Once that two-year time window closes, any possible lawsuit becomes time-barred under Florida law.

For car accident cases resulting in the death of a loved one, it may be possible to file a wrongful death lawsuit. Under Florida law, the statute of limitations for wrongful death cases is also two years, but the timing is a bit different: a wrongful death lawsuit must be filed within two years from the date of death (which can often be later than the date of the accident).

Contact Our Winter Garden Car Accident Attorneys for Assistance

Were you recently injured in a motor vehicle collision in Winter Garden, Florida? Or was a loved one tragically killed in an auto accident in the Winter Garden area? Car accident cases can be complicated, but the experienced Winter Garden car accident lawyers at our firm are here to assist you every step of the way.

From initially discussing the details of your case and determining liability, to filing your lawsuit and handling your case all the way to your court award, we are committed to fighting for your right to financial compensation. Much too often, negligent drivers cause serious and deadly crashes in Central Florida, and injury victims are left with limited recourse unless they file a lawsuit. Our firm is here to help you seek the compensation to which you are entitled. Contact Dolan Dobrinsky Rosenblum Bluestein LLP for more information about how we help plaintiffs and their families in Florida, and to begin working on your car accident claim