Truck Accident in Florida

About Truck Accident Claims in Florida

Commercial truck accidents produce some of the most severe injuries on the road. An 80,000-pound tractor-trailer hitting a passenger car creates forces that cars aren't built to withstand. The legal landscape is more complex too — federal motor carrier regulations, multiple potentially liable parties, and larger insurance policies all change the shape of the case.

Unlike car accidents where fault usually falls on one of two drivers, truck cases can involve the driver, the trucking company, the cargo loader, a maintenance contractor, and sometimes the truck or parts manufacturer. Each state's fault system determines how liability is divided among these parties.

Electronic logging devices (ELDs), event data recorders, and detailed maintenance records create a paper trail that doesn't exist in car cases. Preserving this evidence early — before it's overwritten or destroyed — is often critical.

How Florida Law Affects Truck Accident Claims

Florida switched from pure comparative fault to modified comparative fault in 2023. Recovery is now barred if the injured person is 51% or more at fault.

Florida is a no-fault state. PIP ($10,000) is required. To step outside no-fault and sue for pain and suffering, the injury must meet a severity threshold.

In Florida, the statute of limitations for personal injury claims is 2 years from the date of injury (changed from 4 years in 2024). For claims against government entities: Written notice within 3 years for state claims, 180 days to 4 years for local government depending on entity.

Damage caps: No general cap on personal injury damages. Medical malpractice caps were struck down as unconstitutional.

Common Issues in Florida Truck Accident Cases

• Driver fatigue — hours-of-service violations are common and provable with electronic logs
• Multiple liable parties — driver, carrier, loader, maintenance company, broker
• Federal Motor Carrier Safety Regulations (FMCSRs) set baseline standards
• Evidence preservation — black box data and logs can be overwritten quickly
• Larger insurance policies — commercial trucks typically carry $750,000 to $5 million in coverage
• More severe injuries — higher medical costs and longer recovery periods

State-Specific Factors in Florida

• Fault system — determines how liability is split among multiple defendants
• Joint and several liability — whether each defendant can be held responsible for the full amount
• Statute of limitations — the filing deadline
• Government notice deadlines — if a government truck or road condition is involved
• Workers' comp interaction — if the injured person was also working at the time

Compensation in Florida Truck Accident Cases

• Medical expenses — typically much higher than car accident cases due to injury severity
• Lost wages and loss of earning capacity — serious injuries often affect career trajectory
• Pain and suffering — proportionally higher due to severity
• Future medical costs — spinal injuries, TBI, and amputations require lifelong care
• Wrongful death damages — truck accidents are more frequently fatal

What to Do After a Truck Accident in Florida

• Call 911 — truck accidents almost always require police and often fire/EMS response
• Get immediate medical evaluation — injuries from truck impacts are frequently serious
• Photograph the truck, its markings, DOT number, and the scene
• Get the trucking company name and insurance information from the driver or police report
• Do not move the vehicles if possible — reconstruction evidence matters more in truck cases
• Consider contacting an attorney early — evidence preservation is time-sensitive