Truck Accident Lawyers in Florida Protecting Your Future

Call 911. Florida requires reporting any crash involving injury, death, or apparent property damage of at least $500 under Fla. Stat. § 316.065. 

Then start the clock that matters most. Florida PIP requires initial medical treatment within 14 days of the crash under § 627.736, or medical benefits are not reimbursable at all. 

Photograph the tractor and trailer separately, including the USDOT number, company name, and both license plates. Those identifiers locate the carrier, its safety record, and its insurance. 

Get witness contact details before they leave. Truck crashes clear quickly. 

File your PIP application with your own insurer, not the trucking company's. Your policy pays your treatment regardless of fault. 

Then contact counsel immediately, because the records that prove what the driver was doing have short retention periods.

More parties than most people expect, and each carries separate insurance. 

The driver is the obvious defendant. The motor carrier is often more significant, since employers answer for employees acting within the scope of employment, and federal leasing rules make carriers accountable for drivers operating under their authority even when labeled independent contractors. 

Beyond those two: the owner of the tractor, the separate owner of the trailer, a freight broker that selected an unsafe carrier, the shipper or loader responsible for unsecured or overweight cargo, a maintenance contractor, and the manufacturer of a failed component. 

Another motorist may share fault, and a government entity may be involved where road design contributed. 

A case named against the driver alone can leave substantial coverage untouched. Establishing the corporate relationships requires the carrier's own records.

Federal rules layer on top of Florida negligence law, and violations of them often prove the negligence directly. 

The Federal Motor Carrier Safety Regulations at 49 CFR Parts 350 through 399 govern hours of service, electronic logging, driver qualification and medical certification, drug and alcohol testing, cargo securement, and vehicle inspection and maintenance. 

The retention periods are what create urgency. Electronic logging device data must be kept only six months. Driver vehicle inspection reports, three months. Vehicle maintenance records, twelve months. Driver qualification files, employment plus three years. Accident registers, three years. 

Once a period expires, the carrier may lawfully destroy the record showing a driver had been at the wheel too long. Nothing improper occurs. 

A written preservation demand sent early is frequently what separates a provable case from a plausible one. 

Two categories, from separate sources. 

Your own PIP pays 80 percent of reasonable medical expenses and 60 percent of lost income, capped at $10,000 combined and at $2,500 without an emergency medical condition determination. 

The claim against the driver and carrier covers everything beyond that: medical costs above the cap, full lost income, diminished earning capacity, future care, and pain and suffering once you meet the permanent injury threshold under Fla. Stat. § 627.737. Fatal crashes support a wrongful death claim. 

Value turns on injury severity and permanence, objective medical evidence, contested liability, and your assigned share of fault. 

Available coverage usually sets the ceiling. Interstate general freight carriers must hold at least $750,000 under 49 CFR Part 387, with hazmat and passenger operations running to $5 million. Liens are deducted before you receive anything. 

Two years, and that changed recently enough that many people have it wrong. 

HB 837 reduced Florida's negligence statute of limitations from four years to two for causes of action accruing on or after March 24, 2023, under Fla. Stat. § 95.11. Disputes with your own insurer over PIP or uninsured motorist benefits are contract claims and follow a separate, longer deadline. 

The filing deadline is not the deadline that actually decides truck cases, however. 

Your PIP benefits require treatment within 14 days. Electronic logging data survives six months. Driver inspection reports, three. Surveillance footage from businesses near the crash typically overwrites within days. 

So the legal window is two years while the evidence window can be measured in weeks. That gap is the reason speed matters more here than in ordinary collision claims. 

You may still recover, but Florida changed the rule and the change is significant. 

Since March 24, 2023, Fla. Stat. § 768.81 applies modified comparative negligence. If you are found more than 50 percent responsible, you recover nothing. At exactly 50 percent, your award is halved. Below that line, damages reduce by your percentage. 

Florida previously used pure comparative negligence, under which someone 80 percent at fault still recovered 20 percent of their damages. That is no longer available. 

The practical effect is that carriers and their insurers now have a direct incentive to push your share past 51 percent, because doing so eliminates their exposure entirely rather than merely reducing it. 

Expect arguments about speed, lane position, following distance, and phone use. Fault is ultimately a jury question, not an adjuster's determination. 

Fatigue, speed, and inadequate following distance for a loaded vehicle account for a large share. Others involve improper cargo loading, brake and tire failures traceable to skipped maintenance, inadequate driver training, impairment, and distraction. 

Blind spot collisions and wide right turns injure drivers, cyclists, and pedestrians who were never in the mirror. 

Location follows freight volume. I-95, I-75, I-4, and Florida's Turnpike carry the heaviest commercial traffic, and the Turnpike and Alligator Alley stretch of I-75 produce serious high-speed collisions. Port traffic around Miami, Port Everglades, and Jacksonville generates container movement on surrounding surface roads. 

Urban corridors produce a different pattern, with lower speeds and more pedestrian and cyclist involvement. 

Where a crash happened affects which court hears it and often which physical evidence still exists. 

It begins with investigation, not litigation. Counsel sends preservation demands to the carrier, obtains the crash report and available footage, identifies every potentially liable party, and locates applicable insurance. 

A demand goes to the insurers once treatment establishes the extent of injury and prognosis. Many claims resolve there. 

If not, filing suit opens formal discovery, which is often the only way to obtain driver logs, electronic logging data, maintenance files, training records, and internal safety communications.

Cases frequently settle after that material surfaces. 

Timelines vary considerably. Straightforward claims can resolve in months. Catastrophic injuries with multiple defendants and disputed liability commonly take one to two years or longer. 

No Florida attorney may claim to be the best. Bar Rule 4-7.13 prohibits unverifiable superiority claims. Look instead for Florida Bar board certification in Civil Trial law, verifiable free at floridabar.org. 

Truck accident claims are complex, and the liable parties could attempt to take full advantage of their complexity and your inexperience to underpay or deny your claim.

Having a truck accident attorney from Ged Lawyers handling your claim ensures that your rights stay protected. Here are some ways we will help:

Case Investigation and Evidence Collection

Your Florida attorney will investigate every detail of your accident. We will obtain and examine evidence to build a strong case. We aim to demonstrate the at-fault party’s negligence and your damages through proof like:

• Police reports
• Truck driver’s records
• Black box data
• Medical records
• Trucking company records
• Driver logbook records
• Other vital documents

Determining Liable Parties

Even though the driver may cause the accident directly, other entities might still share liability for the crash. Our attorneys will evaluate the complete list of the liable parties we can approach for compensation for your damages.

Determining Damages

Truck accident victims often deal with significant injuries and damages, which can mean serious money. This money can make a huge difference in your and your family’s life during recovery. Our attorney will scan the full extent of thdamages this accident has caused to ascertain the actual value of your case.

Negotiations With Insurance Companies

Typically, each at-fault party will have a separate insurance company representing them. Negotiating with multiple insurance company representatives can be a hassle to do on your own. Our attorney will handle the back-and-forth negotiation process with the insurers. We will also negotiate a fair financial settlement for your case.

Ged Lawyers team members have extensive knowledge about securing compensation for truck accident victims whose lives have suffered tremendously after the accident. We will work to develop a claim based on the facts of your case, carefully obtain evidence, and pursue compensation from all liable parties.

Driver negligence causes many truck accidents. Driver fatigue, speeding, and inattention to the road are just a few preventable factors that can cause a truck driver to crash into a car or motorcycle. This often results in significant injuries to the property and motorists involved.

In Florida truck accidents, it can be difficult to establish negligence. The fault may solely rely on the driver, but in some cases, it might be shared by multiple parties, for example:

• The truck driver
• The truck’s owner
• The company that leased the truck from the owner
• Shipping or cargo loading company
• The truck’s manufacturer
• A government agency or contractor

We Will Fight To Prove Distribution of Fault in Your Florida Truck Accident

Many companies may dismiss their fault in the crash by leasing the tractor, trailer, or other equipment required to transport freight or by hiring an “independent contractor” to transport the cargo.

So, in a truck accident, the truck company may try to wash its hands from accepting any responsibility, stating they don’t own the vehicle and aren’t responsible for its maintenance or that the driver isn’t their direct employee.

The negligent trucking company may also try to blame the victim for the crash to avoid taking accountability. Our Florida lawyer will investigate your truck accident to uncover the truth about the crash and who was responsible for it.

Florida Department of Highway Safety and Motor Vehicles confirms that Florida law requires all four-wheeled vehicles to carry personal injury protection (PIP) and property damage liability (PDL) insurance. The PIP will provide some coverage for your medical bills and wage loss while you file and submit your truck accident claim.

Due to a truck accident’s nature, PIP claim coverage will likely not be sufficient to cover your entire loss alone. A truck accident claim against the liable party’s insurance companies will help you obtain just compensation for the following economic and non-economic losses:

• Medical expenses (including therapy, testing, ambulance rides, hospital visits, and prescriptions)
• Vehicle repair or replacement costs
• Other out-of-pocket accident-related costs
• Lost income
• Lost earning capacity
• Loss of enjoyment of life
• Loss of companionship and consortium
• Pain and suffering
• Scarring and disfigurement
• Mental and emotional distress

Our truck accident lawyers will assign values to the different damages you have suffered in the truck accident to tabulate your case’s total worth.

See a Doctor After a Truck Accident

Commercial truck accidents can result in severe injuries, and you deserve to make your maximum medical recovery. Seek medical attention and follow through with any prescribed treatment plan. This is important not only for your health but also for your case.

Our Florida truck accident team can use your medical records to establish another party’s negligence and get an idea of your current and future damages. This way, they can fight for fair compensation via an insurance settlement and prevent you from footing the bill down the road, especially if you will require ongoing medical care.

Common Truck Accident Injuries

The impact of a truck crash and the difference in size and weight can leave you or someone you love with potentially life-changing injuries. We will review your medical records to determine their extent and severity. Injuries frequently seen in truck accident cases include:

• Broken bones
• Bone fractures
• Muscle sprains and strains
• Head injuries
• Neck injuries
• Traumatic brain injuries
• Soft tissue injuries
• Internal injuries
• Burn injuries
• Nerve damage
• Permanent impairment

Sadly, fatal injuries are not uncommon in a truck accident. If your family lost a loved one in, or as the result of an accident, we can help you prove the cause of their demise. We will also help you recover a range of wrongful death damages. Our Boca Raton wrongful death lawyers will explain who can file a lawsuit on behalf of your family. We also explain which family members can benefit from a wrongful death claim.

Truck accidents are mainly preventable with the driver’s full attention on the road. But these types of accidents still happen on Florida’s streets and highways. Some of the most common contributors to truck accidents that lead to personal injuries include:

• Speeding/reckless driving
• Distracted driving
• Driving under the influence
• Poor truck inspection or maintenance
• Overloaded trailers
• A fatigued or drowsy driver
• Negligent hiring, training, or supervision
• Defective tires, wheels, brake systems, or other equipment
• Poor road maintenance
• Federal hours of service violations

Under Florida Statutes § 95.11(3)(a), you generally have two years to initiate litigation against those liable for your injuries. The clock starts ticking on the date of the accident.

If you lost someone in a truck accident, family members could file a wrongful death lawsuit against the at-fault party to recover compensation.

These damages would cover funeral, burial costs, medical bills, and more. To initiate a wrongful death claim, you have two years from the date of the person’s death, according to Florida Statutes § 95.11(4)(d). If you do not file a lawsuit before the deadline expires, you will lose your right to compensation.

The truck accident attorneys at Ged Lawyers, LLP have the knowledge and skills to tackle the most complex truck accident cases. If a truck driver’s negligent actions wounded you or a loved one, you could relax with our attorneys leading your case.

Contact our law firm for a free case review, where our team will assess your case’s potential and discuss your legal options. We serve accident victims and their families all over Florida.