Car Accident

Todd Passman has been handling car accident claims and fighting for his clients for over 20 years. He strives to obtain justice for people injured in auto accidents and get them all the compensation that they deserve. When so much is on the line, experience matters! Our car accident lawyer understands the difficulties, pain, and suffering of an injured person. Even though the collision was not your fault, you will still need an attorney to stand up to the insurance companies and protect your legal rights. The Law Office of Todd Passman believes in personalized exceptional service for auto accident cases to get you the compensation you deserve. Call Todd now at (772) 465-9806!

We have an epidemic of car accident injuries here in Port Saint Lucie, Florida. In 2016, according to the Florida Highway Safety and Motor Vehicles, there were 254,155 injuries statewide resulting from crashes and more than 3,000 of our fellow citizens were killed in car accidents. Fatalities increased by 8% year over year! An experienced car accident attorney like Todd Passman knows how to help an accident victim maximize recovery. You are not just a number at our office. We don’t spend hundreds of thousands of dollars on TV advertisements to put you on a conveyor belt and let a paralegal handle your case. Todd fights personally for all his injury clients to get them the recovery they deserve.

Car Accidents Can Cause Serious and Even Permanent Injuries

Every case is different. But even a minor accident can leave an injury victim in pain and potentially disabled. Injures that we see frequently include:

  • Bulging discs, herniated discs and other spinal injuries
  • Broken bones and fractures
  • Cuts, lacerations, and open wounds, often requiring stitches
  • Scars
  • Burns
  • Amputations
  • Head injuries (Traumatic Brain Injuries (TBI))

You might need surgery, long term rehabilitation, physical therapy, and other expensive treatments.

Car accidents may cause serious injuries, passenger injuries, damage to your own car, other property damage, and even death. But Florida law requires car owners only to carry $10,000 in Personal Injury Protection (PIP) coverage and $10,000 in property damage liability! This is because Florida operates under a “No Fault” system where each person’s own PIP insurance covers that person for medical expenses, lost wages, and death up to the PIP limit (usually $10,000). PIP also covers your child if he or she suffers an injury while riding on a school bus. PIP coverage protects you while in someone else's vehicle, as a pedestrian, or bicyclist if you suffer an injury in a crash involving a motor vehicle.

Auto Accident Medical Bills Can Be Very High!

If you have been to the emergency room recently and seen the high price of the hospital bills that can result even from a small accident, you will realize that the $10,000 PIP limit may never be enough to compensate your loss. A personal injury attorney may be able to assist you by making an analysis of all possible insurance coverages including other driver’s liability, your own PIP, PIP of a resident relative for those who do not own a vehicle, Medical Payments insurance, or Uninsured or Underinsured Motorists coverage, if any.

Who Will Pay for My Medical Bills and Other Damages?

Emergency Room bills, doctor’s charges, radiology bills, surgery bills, physical and occupational therapy bills; the list can go on and on and the medical providers can be aggressive when it comes to collecting the bills. Ultimately, as far as the medical providers are concerned, you are responsible for your own bills. While you may have PIP coverage, this may not be enough to cover all the bills. If the medical providers determine that you did not have an “emergency medical condition” (EMC), reimbursement under PIP may be limited to $2,500. If you have Medical Payments coverage, or underinsured motorist’s coverage these can be other avenues to satisfy the medical bills. Also your private medical insurance may cover your bills as well. If the other driver was at fault, their liability insurance may pay your medical bills. The insurance issues can be complicated and confusing.

What About My Permanent Injuries and Pain and Suffering from a Car Accident?

Under Florida’s No-Fault laws, we have what is known as the “tort-threshold. This means that if the other driver himself carried the required No-Fault / PIP insurance, then you may only recover damages for pain, suffering, mental anguish, and inconvenience (the so-called non-economic damages) if your injury involves the following:

  1. Significant and permanent loss of an important bodily function.
  2. Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.
  3. Significant and permanent scarring or disfigurement.
  4. Death.

The issue of whether there was a death would be hard for any insurance company to dispute. Most of the disputes in these cases are about the part of the law that says “permanent injury within a reasonable degree of medical probability.” These cases are often disputed by the insurance companies and their lawyers. They may argue that the injured person did not “meet the threshold” in order to recover these types of compensation. In order for you to take back control of your situation and make sure that your rights are protected an auto accident attorney on your side can help. A person who does not “meet the threshold” is still entitled to recover from a negligent party the 20% of medical expenses and 40% of lost income that is not payable under PIP coverage. To fight back against the insurance company’s tactics you need an experienced personal injury on your side. Call Todd Passman today at 772-465-9806.

Serious Car Accidents with Injuries

If there aren’t permanent injuries (or death, scarring/disfigurement, or loss of a bodily function, see above), then in Florida you are expected to pursue your own insurance for the damage to your car, your lost income, and medical bills. But if you have a serious car accident with permanent injury then you may pursue the other driver to recover your pain and suffering. In order to determine whether a particular accident “meets the threshold”, an analysis of your medical condition and records will need to be done. An auto accident lawyer can assist in helping you take back control of the situation.

Drugs and Alcohol are Often a Cause of Auto Accidents

Drugs and alcohol can be a factor in dangerous auto accidents with injuries. St. Lucie County had 64 auto accident crashes in 2016 where alcohol, drugs, or both drugs and alcohol were confirmed. Martin County had 101 alcohol/drug auto accident crashes. Indian River County had 48. Okeechobee had 17.

According to the Governors Highway Safety Association (G.H.S.A.), recent statistics show a trend that drugs are becoming more likely to be a cause in car crashes than even alcohol.

The G.H.S.A has found:

  • Drugs in Drivers: 43.6% of the drivers with known drug test results were drug-positive.
  • Alcohol in drivers: 37.9% were alcohol-positive (any alcohol at all)
  • Poly-drug and drug-alcohol: 50.5% of the drug-positive drivers were positive for two or more drugs and 40.7% were positive for alcohol.
  • 1,064 drivers, or 19.7% of the drug-positive drivers, were positive for some opioid, slightly less than half as many as were positive for marijuana. 

If you were involved in a car accident where the other driver was drunk or using drugs, it is important that you contact an experienced car accident lawyer like Todd Passman immediately to protect your rights.

Texting While Driving (Distracted Driving)

Driver distraction including texting while driving or emailing while driving is a contributing factor in many auto accidents. According to the G.H.S.A., in 2016, distracted driving was reported in crashes that killed 3,450 people (9.2 percent of all fatalities), although many instances may go unreported. In order to prevent texting, using social media, web browsing, video chatting and other dangerous behaviors while driving, Florida enacted the “Florida Ban on Texting While Driving Law.” F.S. 316.305.

According to this law:

A person may not operate a motor vehicle while manually typing or entering multiple letters, numbers, symbols, or other characters into a wireless communications device or while sending or reading data on such a device for the purpose of nonvoice interpersonal communication, including, but not limited to, communication methods known as texting, e-mailing, and instant messaging…

In the event of a crash resulting in death or personal injury, a user’s billing records for a wireless communications device or the testimony of or written statements from appropriate authorities receiving such messages may be admissible as evidence in any proceeding.

Our roads can be dangerous and when someone is careless, not paying attention, texting on their phone, or driving under the influence, they can cause car accidents which result in serious personal injury and even death.

WE’VE GOT YOUR BACK!

It is stressful time in your life when you, or a family member, have been injured due to another person or company’s poor driving. You are in pain. You may be angry that someone could have been so careless and endangered you and your family. You life is disrupted due to frequent doctor’s appointments, missed work and lost income level. On top of this, the other side, whether it be an insurance company, a business or an individual may have an experienced claims adjuster or high priced attorney on their side. They may be seeking to minimize your problems and hope that you will just give up.

When we take on your auto accident case, we work hard to discover all the facts which will support your claim and to recover all the damages that the law will allow including compensation for pain and suffering, reimbursement of lost wages and payment of medical bills. We understand that sometimes insurance adjusters may not be sympathetic to your problems. We believe that compassion for our clients and attention to detail can relieve the burden of dealing with stressful personal injury matters.

The Law Office of Todd C. Passman handles Auto Accident cases serving Fort Pierce, Port St. Lucie, Vero Beach, Stuart, and Okeechobee, Florida, and surrounding areas. We have an epidemic of dangerous auto accidents here in Florida and on the Treasure Coast in particular.

Tell Us About Your Problem. We Can Help.

If you, a family member or a friend have suffered a personal injury in an auto accident, or have questions please contact Todd Passman today, at (772) 465-9806 or or fill out the contact form on this page. Someone from our office will contact you right away.



Car Accident FAQs


What should I do immediately after a car accident in Florida?

After a car accident in Florida, call 911, seek medical attention, and report the accident to law enforcement. Florida drivers should also seek medical treatment within 14 days to qualify for Personal Injury Protection (PIP) insurance benefits under Florida no-fault law.

If possible, you should:

  • Take photographs of the accident scene and vehicle damage
  • Exchange insurance and contact information
  • Collect witness names and phone numbers
  • Obtain the police crash report number

Do not admit fault or give recorded statements to insurance adjusters immediately after the accident. Insurance companies often use early statements to reduce claim values.

Important evidence in a Florida car accident claim may include:

  • Police reports
  • Medical records
  • Traffic camera footage
  • Witness statements
  • Vehicle black box data
  • Cell phone records

Early investigation can help preserve evidence and strengthen a personal injury claim.

Who is liable for a car accident in Florida?

In Florida, the driver or party that caused the accident is generally financially responsible for resulting injuries and damages.

Liability in a Florida car accident may involve:

  • Negligent drivers
  • Commercial vehicle owners
  • Employers
  • Government entities
  • Vehicle manufacturers

Florida uses a modified comparative negligence law. An injured person may recover compensation if they were 50% or less responsible for the accident. Compensation is reduced based on the person’s percentage of fault.

Evidence used to determine liability may include:

  • Police crash reports
  • Witness testimony
  • Surveillance footage
  • Accident reconstruction analysis
  • Vehicle damage patterns

Insurance companies frequently dispute fault in Florida car accident claims, especially in intersection accidents, rear-end collisions, and multi-vehicle crashes.

How does Florida no-fault insurance work after a car accident?

Florida uses a no-fault insurance system that requires drivers to first use their own Personal Injury Protection (PIP) insurance after most car accidents, regardless of who caused the crash.

Florida PIP coverage may pay for:

  • Medical expenses
  • Partial lost wages
  • Certain replacement services

However, Florida law allows injured drivers to pursue compensation against the at-fault driver if the injuries are considered serious.

A serious injury under Florida law may include:

  • Permanent injury
  • Significant scarring or disfigurement
  • Permanent loss of bodily function
  • Death

Florida no-fault insurance laws are complex, and insurance companies often dispute whether injuries qualify for compensation beyond PIP coverage.

How much is a Florida car accident settlement worth?

The value of a Florida car accident settlement depends on the severity of injuries, medical expenses, lost income, insurance coverage, and long-term physical limitations.

Compensation in a Florida car accident case may include:

  • Medical bills
  • Future medical treatment
  • Lost wages
  • Reduced earning capacity
  • Pain and suffering
  • Emotional distress
  • Property damage

Car accident settlements are generally higher when injuries involve:

  • Traumatic brain injuries
  • Spinal injuries
  • Permanent disabilities
  • Multiple surgeries
  • Long-term rehabilitation

Insurance policy limits and disputed liability can also affect settlement value. There is no average settlement amount that applies to every Florida car accident case.

How long do I have to file a car accident lawsuit in Florida?

Florida law generally gives injured drivers two years from the date of the car accident to file a personal injury lawsuit.

If the lawsuit is not filed before the legal deadline expires, the injured person may lose the right to recover compensation.

Certain situations may involve different deadlines, including:

  • Wrongful death claims
  • Claims against government entities
  • Accidents involving minors

Important evidence in a car accident case can disappear quickly. Surveillance footage may be deleted, witnesses may become difficult to locate, and physical evidence may no longer be available.

Early legal investigation often improves the ability to preserve evidence and document damages.

What causes most car accidents in Port St. Lucie?

Most car accidents in Port St. Lucie are caused by driver negligence.

Common causes of car accidents in St. Lucie County include:

  • Distracted driving
  • Texting while driving
  • Speeding
  • Drunk driving
  • Running red lights
  • Aggressive driving
  • Fatigued driving
  • Unsafe lane changes

Major roads associated with serious accidents in the Port St. Lucie area include:

  • Interstate 95
  • Florida’s Turnpike
  • US-1
  • Crosstown Parkway

Florida’s growing population and heavy traffic volume contribute to increased accident rates throughout the Treasure Coast region.

Should I talk to the insurance company after a car accident?

Drivers should be cautious when speaking with insurance adjusters after a Florida car accident.

Insurance companies may request:

  • Recorded statements
  • Medical authorizations
  • Quick settlement agreements

Insurance adjusters often attempt to minimize claim payouts by arguing:

  • Injuries are minor
  • Treatment was delayed
  • The injured driver was partially at fault
  • Medical treatment was unnecessary

Some injuries, including concussions, spinal injuries, and soft tissue injuries, may worsen days after the accident.

Before signing documents or accepting settlement offers, injured drivers often benefit from understanding the full extent of their injuries and damages.

Can I sue the other driver after a car accident in Florida?

Yes. Florida law allows injured drivers to sue the at-fault driver if the accident caused a serious injury that meets Florida’s legal injury threshold.

A Florida car accident lawsuit may seek compensation for:

  • Pain and suffering
  • Future medical expenses
  • Full lost wages
  • Permanent disability
  • Emotional distress

Serious injuries under Florida law may include:

  • Permanent injuries
  • Significant disfigurement
  • Permanent loss of bodily function
  • Fatal injuries

Florida car accident lawsuits are commonly filed in cases involving severe injuries, disputed liability, or insurance companies refusing to offer fair compensation.

What evidence is important in a Florida car accident case?

Strong evidence is critical in a Florida car accident claim because insurance companies often dispute fault and injury severity.

Important evidence may include:

  • Police crash reports
  • Medical records
  • Photographs of the accident scene
  • Witness statements
  • Traffic camera footage
  • Vehicle black box data
  • Cell phone records
  • Accident reconstruction reports

This evidence may help prove:

  • How the accident occurred
  • Which driver was at fault
  • The severity of injuries
  • The financial impact of the accident

Evidence preservation is especially important in serious injury and disputed liability cases.

Do I need a lawyer after a Florida car accident?

Many Florida car accident cases become complicated when serious injuries, disputed liability, or insurance coverage issues are involved.

A car accident lawyer may help:

  • Investigate the accident
  • Preserve evidence
  • Communicate with insurance companies
  • Calculate damages
  • Negotiate settlements
  • File a lawsuit if necessary

Legal representation is especially important in cases involving:

  • Permanent injuries
  • Traumatic brain injuries
  • Spinal cord injuries
  • Multiple vehicles
  • Uninsured drivers
  • Commercial vehicles

Insurance companies often attempt to settle claims quickly and for less than the full value of the case. Serious injury claims frequently require extensive documentation and long-term damage analysis.

Contact Us

Call us at (772) 465-9806 to schedule your Free Consultation or fill out the contact form.