Truck Accidents

Accidents involving large trucks are among the most severe in Florida. Even at slower speeds, the sheer size and weight of these vehicles often lead to severe injuries, extensive property damage, and a complicated insurance battle for those involved. If you or a loved one has been involved in a truck accident, a local law firm with proven results has your back – The Nation Law Firm. For over 20 years, we’ve advocated for the rights of those injured in truck accidents along Florida’s many roadways. We have the experience to go toe-to-toe with any at-fault party, and we’re prepared to work diligently to achieve the best possible resolution in your case.

Get started with our team today with a free case evaluation.

Common Causes of Truck Accidents

Truck accidents often result from a combination of driver errors, mechanical failures, and external factors.

• Driver Fatigue: Long hours on the road, tight delivery schedules, and pressure to meet deadlines can cause drivers to overextend themselves. This shows itself as drowsy driving and reduced reaction time – both very dangerous for other motorists.
• Distracted Driving: A truck operator distracted by their phone or GPS can’t react as quickly as an alert driver, which leads to many injuries.
• Speeding and Reckless Driving: Large trucks require more time and distance to stop. When operators exceed speed limits or drive aggressively, they put everyone on the road at risk.
• Overloaded or Improperly Loaded Cargo: Unbalanced, improperly secured, or excessive cargo can shift during transit, causing rollovers and reducing vehicle control.
• Improper Driver Training: Operating a commercial truck requires specialized training. Poorly trained drivers may struggle with maneuvering, braking, or reacting to road hazards.
• Mechanical Failures: Faulty brakes, worn tires, or engine malfunctions can cause sudden breakdowns and accidents.
• Hazardous Weather Conditions: Poor weather can make it harder for truck drivers to see, stop, or control their vehicles, increasing the likelihood of crashes.
• Blind Spots: Large trucks have many blind spots. If drivers fail to check these areas properly, they can collide with smaller vehicles while changing lanes or turning.
• Driving Under the Influence: Alcohol, drugs, or even prescription medications that impair judgment and coordination can lead to devastating crashes.

Accidents are preventable. When negligence plays a role, the injured party(s) may have the right to seek compensation for their damages. It’s important to seek the support of a legal expert, though, because these accidents can get complicated quickly.

Truck Accident Injuries (and Their Long-Term Effects)

Truck accidents can result in devastating, life-changing injuries that extend far beyond the initial collision. In more severe cases, victims often face significant, long-term physical, emotional, and financial challenges that affect every aspect of daily life.

Here are some of the most common injuries sustained in truck accidents and their lasting effects:

• Whiplash & Soft Tissue Injuries: Even in lower-speed truck accidents, whiplash can result in chronic neck and back pain, stiffness, and reduced range of motion. These injuries may seem minor at first but often worsen over time.
• Broken Bones & Fractures: The force of a truck collision can cause bone breaks and fractures, which may require surgery, metal implants, and months of recovery. If not treated correctly, fractures can cause chronic pain, limited mobility, and even permanent disability in the long term.
• Spinal Injuries: Damage to the spine can lead to herniated discs, nerve damage, or complete paralysis. Recovery may involve extensive rehabilitation, surgery, and ongoing medical care.
• Traumatic Brain Injuries (TBI): TBIs, even when considered moderate, can lead to cognitive impairments, memory loss, mood changes, and a diminished quality of life. Long-term care for brain injuries can require cognitive therapy, medication, and persistent monitoring by medical professionals.
• Internal Organ Damage: High-impact collisions can cause invisible damage to internal organs, which may require immediate surgery, prolonged hospitalization, and could lead to chronic health issues or permanent disability.
• Emotional Trauma: Surviving a truck accident can cause severe emotional distress, including post-traumatic stress disorder (PTSD), anxiety, and depression. Many victims experience flashbacks, nightmares, or a fear of driving, impacting their daily lives.

Beyond physical pain, truck accidents can leave victims with hefty expenses. From property damage and medical expenses to lost wages and pain and suffering, the financial side of an accident can quickly become equally, if not more, overwhelming than the accident itself.

Florida, we’re here for you, and we want to help. Learn more about your legal options with our team by completing our free case evaluation.

Federal and State Regulations for Trucking in Florida

Truck drivers and trucking companies must follow strict federal and state regulations to ensure their safety and that of others on the road. Drivers found violating these laws are liable for any damage they cause.

As a motorist, familiarizing yourself with these laws can help you identify key factors in determining liability:

Hours of Service (HOS) Rules

The Federal Motor Carrier Safety Administration (FMCSA) limits how long truck drivers can be on the road to prevent fatigue-related crashes:

• 11-hour driving limit after 10 consecutive hours off-duty.
• 14-hour workday limit, including breaks and loading/unloading time.
• 60/70-hour weekly limit, requiring a 34-hour rest period before resetting.

Exceeding these hours can lead to drowsy or distracted driving. Even if they feel “fine,” it’s important that truck drivers remove themselves from the roadway before they endanger others.

Vehicle Maintenance & Inspection Requirements

Trucks must undergo regular inspections, maintenance, and repairs more often than cars to stay roadworthy. Federal and Florida laws require:

• Daily pre-trip and post-trip inspections by drivers.
• Routine maintenance of brakes, tires, lights, and steering systems.
• Immediate repairs for defects that could impact safety.

A mechanical failure can quickly cause a truck to lose control and endanger other motorists. If you suspect the truck in your accident wasn’t properly maintained, make sure to speak with your attorney about this directly.

Weight & Cargo Regulations

Overloaded or improperly secured cargo may shift during transit, which increases the risk of rollovers and jackknife accidents. In Florida, truck drivers must abide by:

• Maximum truck weight limits (typically 80,000 pounds, depending on axles).
• Proper cargo securement practices to prevent shifting loads that cause instability.
• Hazardous material restrictions requiring special handling and permits.

Like maintenance rules, these guidelines ensure truck drivers mitigate the risk of a vehicle error impacting their ability to control their vehicle.

Drivers who violate these laws are considered to be driving negligently. Negligence, carelessness, or otherwise recklessness on the roadway are actionable offenses in Florida, and if you were injured, it’s important that you seek the assistance of a legal expert.

How Florida Handles Liability in Truck Accidents

Accidents involving commercially owned vehicles involve multiple liable parties. Assigning fault and determining who’s liable for compensation often becomes a challenge, which is why it’s so helpful to have an attorney by your side.

• Truck Driver Liability: Drivers can be held responsible for reckless driving, pushing past hours of service (HOS) rules, distracted driving, speeding, or driving under the influence.
• Trucking Company Liability: Trucking companies may be liable if they fail to properly train drivers, enforce unrealistic schedules, or neglect vehicle maintenance. 
• Maintenance Provider Liability: If a truck’s brakes, tires, or other essential components fail due to poor maintenance, the company responsible for servicing the vehicle or the manufacturer of the faulty part may be liable for negligence.
• Cargo Loaders & Manufacturers: Improperly secured or overloaded cargo can cause rollovers, jackknife accidents, and spills. If improper loading contributes to a crash, the party responsible for loading the truck may be liable.

In a singular accident, liability can be shared amongst the truck driver, the company that owns the truck, and others. The involvement of multiple parties only complicates things, which can ultimately delay your rightful compensation. If you’re involved in a truck accident, The Nation Law Firm is here to help you reach the most favorable outcome as efficiently and swiftly as possible.

The Role of Black Box Data in Truck Accident Claims

Commercial trucks are equipped with Electronic Control Modules (ECMs) or Event Data Recorders (EDRs), also known as black boxes.

These devices record data before, during, and after a crash, which is often used as evidence in truck accident claims.

What Data Does the Black Box Record?

Black boxes track a variety of details that can help establish what happened leading up to the accident, including:

• Speed and Braking Patterns: Can indicate if the driver was speeding or failed to brake in time.
• Steering Inputs: Shows whether the driver attempted to avoid the collision.
• Hours of Service (HOS) Compliance: Confirms if the driver was operating outside of federal rest and work-hour regulations.
• Engine Performance & Maintenance Issues: Reveal any mechanical failures that could have contributed to the crash.
• Sudden Acceleration or Deceleration: Helps assess reckless or aggressive driving behavior.

This data allows attorneys and accident reconstruction experts to paint an accurate picture of what happened and identify liability. If it’s found that the accident was due to driver error, vehicle malfunctions, or trucking company violations, the black box data will confirm this for your claim, making it that much easier to reach the endgame quickly.

However, black box data can be damaged or erased, making it important to recover this information quickly. Teaming up with an attorney immediately after your accident increases your odds of retrieving it.

Examples of Trucking Company Negligence

Businesses are required to uphold certain safety standards according to state and federal laws. They must hire qualified drivers, maintain safe vehicles, and abide by federal regulations, like hours of service guidelines. Falling to comply can lead to serious accidents, where the company is held liable for the damage caused.

Some examples of trucking company negligence include:

• Insufficient or Lack of Driver Training: Some companies hire undertrained or inexperienced drivers without proper instruction on handling large trucks, defensive driving, or emergency procedures.
• Encouraging Hours of Service (HOS) Violations: To meet tight deadlines, trucking companies may pressure drivers to exceed federally mandated work-hour limits.
• Failure to Maintain Trucks: Ignoring required brake inspections, tire replacements, or engine maintenance can result in mechanical failures that cause preventable crashes.
• Negligent Employment Practices: Some trucking companies fail to properly screen drivers for past traffic violations, DUIs, or medical conditions that could impair their ability to drive safely.
• Overloading or Improperly Loading Cargo: Trucking companies are liable for accidents if loaders exceed weight limits or fail to secure cargo properly.

Profits aren’t worth someone’s life. If you believe the negligence of a trucking company caused your accident, our team is here to help.

6 Steps to Take After a Truck Accident in Florida

A truck accident can be overwhelming, but taking the right steps immediately can ensure you receive swift treatment, protect your legal rights, and strengthen your claim.

Here’s our guide for handling a truck accident in the Sunshine State:

1. Call 911 and Get Medical Help: If you or a passenger has been injured, your first priority is calling 911 and seeking medical attention promptly. 
2. Stay at the Scene and Move to Safety: If possible, move yourself and any passengers to a safe location away from traffic but remain at the scene until authorities arrive.
3. Gather Evidence: Document the accident through photos and videos of vehicle damage, road conditions, traffic signals, visible injuries, and the surrounding area.
4. Speak with the Involved Party(s) and Witnesses: Exchange contact and insurance details from the truck driver, their employer, and any witnesses. Do not admit fault in any capacity, as it can be used against you to diminish your claim for damages.
5. Report the Accident to Your Insurance Company: Notify your insurer of the accident by filing a claim. If they ask for recorded statements, move on to the next step.
6. Consult a Truck Accident Attorney: Trucking companies and insurers are businesses. They may try to diminish your compensation through lowball offers, deceptive practices, or other legal violations. An attorney can help gather evidence, negotiate with insurers, and ensure that your claim is taken seriously.

As receipts start coming in, remember to store them in a safe place. Any documentation related to the damage you’ve suffered in your accident will strengthen your claim, making it that much easier to reach a successful outcome and move on.

Understanding Insurance Coverage in Truck Accidents

Truck accident claims are more often more complex than standard car accidents. They involve commercial insurance policies with higher coverage limits and multiple liable parties, which can require a deep understanding of the legal system to unpack.

If you’re familiar with these coverages, you’re better equipped to handle the claims process. Here’s what you need to know:

• Higher Insurance Limits: Commercial trucks carry higher insurance coverages due to the increased risk imposed by their size and weight. They can range from hundreds of thousands to several million, but insurers still aggressively fight claims to limit payouts.
• Multiple Insurance Policies: Liability may apply to the truck driver, trucking company, cargo loaders, or maintenance providers, each with separate insurance policies.
• Commercial Insurance Adjusters: Trucking insurance companies can deploy teams of adjusters and attorneys to dispute fault, delay claims, or offer low-ball settlements.
• Cargo and Third-Party Liability: If improperly loaded cargo caused the accident, the trucking or loading company’s insurer may also be liable for damages.

Mountains of paperwork and drawn-out negotiations can make this process feel like an eternity. By teaming up with an attorney, you gain a valuable ally who can help ensure the process stays on track and your best interest is protected throughout.

Truck Accident Statistics in Florida

Truck accidents aren’t as frequent as car accidents, but they’re still a cause of concern. Each year, thousands of unsuspecting people find themselves in the aftermath of a collision with a large truck.

Data from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) offers an understanding of the scale of these accidents in the Sunshine State, but remember – each number represents a life that’s potentially changed forever:

• Total Crashes: In 2022, Florida recorded approximately 9,356 crashes involving heavy trucks. 
• Fatalities: These truck-related accidents resulted in around 356 fatalities.
• Injuries: In addition to fatalities, truck accidents in 2022 caused approximately 5,222 injuries, ranging from minor to severe.

We can’t control the actions of other motorists, but we can all practice safe driving habits behind the wheel and reduce our risk of injury. Be mindful of others, stay alert, and know your rights should you be involved in an accident.

How Truck Accidents Differ from Car Accidents in Florida

Truck accidents are often more complex than regular car crashes due to the increased size of the vehicles, severity of injuries, and web of liability between coverages. These factors create unique challenges for victims seeking compensation, including:

• Stronger Impact, More Severe Injuries: Commercial trucks weigh up to 80,000 pounds, possibly more with a full cargo load. Accidents are more likely to cause catastrophic injuries like spinal damage, traumatic brain injuries, and fatalities due to the more sizable collision. 
• Federal and State Regulations: Truck crashes involve unique federal regulations, including Hours of Service (HOS) rules, maintenance standards, and weight restrictions enforced by the Federal Motor Carrier Safety Administration (FMCSA) and Florida state laws.
• Multiple Liable Parties: Liability may extend beyond the truck driver to include trucking companies, cargo loaders, maintenance providers, and truck manufacturers, creating an uphill battle to determine fault.
• Higher Insurance Coverage & Tougher Negotiations: Commercial trucking companies carry multi-million-dollar insurance policies, which pushes insurance providers to fight claims to minimize payouts aggressively.
• Black Box & Logbook Evidence: Unlike car accident claims, truck accident cases leverage black box data, driver logbooks, and maintenance records to prove negligence.

At The Nation Law Firm, we have over two decades of experience advocating for the rights of those impacted by trucking accidents. Our support has yielded fair and complete compensation packages, even in the face of significant challenges, enabling thousands of Florida residents to recover and move on after traumatic situations. We’re your legal ally: We’re right around the corner, and we operate on a contingency basis to ensure everyone has access to powerful representation when they need it.

Frequently Asked Questions

What should I do immediately after being involved in a truck accident?

Call 911 and seek medical attention. Even if injuries aren’t apparent, you may have suffered internal injuries that won’t reveal themselves immediately.

If you can, document the scene by taking photos, collecting witness information, and exchanging details with the truck driver. Avoid making statements about fault and consult an attorney before speaking with insurance companies.
 

How is liability determined in a truck accident case?

Liability is determined through evidence, like police reports, black box data, driver logs, maintenance records, and witness statements. Multiple parties, including the truck driver, trucking company, cargo loaders, or vehicle manufacturers, may share responsibility.

What types of compensation can I receive after a truck accident?

Victims may recover compensation for medical expenses, lost wages, property damage, pain and suffering, and long-term rehabilitation costs, depending on their insurance coverage, severity of injuries, and other factors.
 

What are the most common causes of truck accidents in Florida?

Driver fatigue, speeding, distracted driving, improper cargo loading, mechanical failures, and poor weather conditions are the leading causes of car accidents in Florida. Federal trucking law violations also frequently contribute to crashes.
 

How does black box data help in truck accident investigations?

The truck’s black box (ECM/EDR) records crucial details like speed, braking patterns, steering input, and hours of service compliance. This data helps establish if the truck driver was speeding, fatigued, or failed to react appropriately before the crash.
 

Who can be held liable for my injuries in a truck accident case?

Depending on the circumstances, the truck driver, trucking company, vehicle manufacturer, cargo loaders, or maintenance providers may all share liability. An investigation is needed to determine fault and establish who should be held responsible.
 

What evidence is critical to collect after a truck accident?

Key evidence includes police reports, medical records, black box data, driver logs, maintenance records, witness statements, and photos of the accident scene. If possible, request a copy of the truck’s inspection history to ensure it wasn’t operating illegally.
 

How are federal regulations used to prove negligence in truck accidents?

Federal Motor Carrier Safety Administration (FMCSA) regulates driver activity to ensure they operate safely. Exceeding Hours of Service limits, improper maintenance, or overloaded cargo are all violations of their guidelines, meaning they can be used as evidence of negligence against the trucking company or driver.

Can I file a claim if the truck driver was partially at fault?

Yes, under Florida’s modified comparative negligence law, you can still file a claim if you are less than 50% at fault for the accident. However, your compensation will be reduced by the percentage of your fault. For example, if you were awarded $100,000 but found to be 20% at fault, your total compensation would be reduced to $80,000.
 

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

Florida’s statute of limitations gives you four years from the accident date to file a personal injury lawsuit. If you miss this deadline, you may lose your right to seek compensation.