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Attorneys reviewing Florida truck accident cases

On this page
  1. Key Florida rules
  2. Where do serious truck crashes happen in Florida?
  3. Who can be held responsible for a Florida truck crash?
  4. Do hurricanes change trucking safety rules?
  5. How do PIP and the injury threshold affect a truck claim?
  6. How does Florida's 51% bar change a truck crash recovery?
  7. What evidence should be preserved after a Florida truck crash?
  8. Common truck accident cases
  9. Attorneys reviewing these cases
  10. Frequently Asked Questions

Key Florida rules for truck accident claims

Personal injury filing deadline
2 yearsThe 2-year negligence deadline applies to claims arising on or after March 24, 2023 (earlier claims generally had 4 years).
Fault rule
Modified comparative fault (51% bar)Your award is reduced by your share of fault, and you cannot recover anything if you are found more than 50% at fault. Medical negligence claims are an exception and still follow pure comparative fault.
Claims against a government entity
Shorter notice deadlineClaims against the state or a local government require written notice within 3 years.

Florida's economy runs on trucks. Its ports, farms, construction sites and distribution centers move goods across a state with no freight rail alternative for many routes.

Where do serious truck crashes happen in Florida?

Most serious truck crashes happen on the interstates and highways that link Florida's ports and distribution hubs. Each corridor carries a different mix of freight and traffic.

  • I-95 runs along the Atlantic coast through Jacksonville, Daytona, West Palm Beach, Fort Lauderdale and Miami, with dense traffic around port areas.
  • I-4 links Tampa and Orlando through heavy tourist traffic and long construction zones.
  • I-75 carries freight from Georgia through Ocala, Tampa and across Alligator Alley.
  • I-10 crosses the Panhandle from Jacksonville to Pensacola with long-haul traffic.
  • Florida's Turnpike and US-27 carry produce and sugar cane trucks.
  • Polk County's phosphate mining region and quarry areas send heavy dump trucks onto local roads.

Who can be held responsible for a Florida truck crash?

The truck driver and the motor carrier are usually responsible, but other companies often share the blame. Florida also holds vehicle owners responsible when they allow another person to operate their vehicle, which can apply to trucks and trailers.

  • The motor carrier, for hiring, training and supervising the driver.
  • The truck or trailer owner, if different from the carrier.
  • A freight broker that selected an unsafe carrier.
  • The shipper or loader responsible for securing cargo.
  • A maintenance company responsible for brakes, tires and lights.
  • A manufacturer of a defective part; see our product liability practice.

Do hurricanes change trucking safety rules?

Sometimes. During declared emergencies, federal regulators may relax some hours-of-service limits for carriers delivering relief supplies, fuel or equipment. Those waivers do not excuse unsafe driving.

Hurricane preparation and recovery bring surges of fuel tankers, utility trucks and debris haulers onto Florida roads. Drivers may be fatigued, unfamiliar with local roads and working long shifts. If a waiver was in effect, the carrier still had a duty to keep fatigued or unqualified drivers off the road. Debris trucks with unsecured loads also cause crashes, and the contractor responsible for loading may share liability. Dispatch records and the terms of any emergency contract can show how many hours drivers were actually working.

How do PIP and the injury threshold affect a truck claim?

If you were in a car, your own PIP pays first, and you generally must meet Florida's permanent injury threshold to claim pain and suffering from the trucking company. Economic losses beyond PIP can generally be pursued without the threshold.

Because truck crashes often cause serious injuries, many victims meet the threshold, but insurers still dispute it. Specialist opinions and imaging are essential. Interstate carriers must carry substantial liability insurance under federal rules, which can make the claim more valuable than a typical car case. If a loved one was killed, see our Florida wrongful death page.

How does Florida's 51% bar change a truck crash recovery?

Your award is reduced by your share of fault and barred if you are found more than 50% at fault. Trucking defense teams know this and often focus on the smaller vehicle's lane changes or speed.

Imagine a car that cut into the right lane on I-75 near Ocala and was struck by a tractor-trailer that was speeding and following too closely. A jury values the car driver's damages at $800,000.

  • Car driver 30% at fault: recovery of $560,000.
  • Car driver 50% at fault: recovery of $400,000.
  • Car driver 51% at fault: recovery of zero.

Truck engine data showing speed and braking, dashcam video and following-distance analysis often push fault toward the carrier.

What evidence should be preserved after a Florida truck crash?

Electronic data and company records, and quickly. A preservation letter sent within days puts the carrier on notice to keep them.

  1. Electronic logging device data showing hours of service under FMCSA rules.
  2. Engine control module data on speed, braking and throttle.
  3. Dashcam and cab camera footage.
  4. Dispatch messages and delivery schedules.
  5. Inspection, maintenance and repair records.
  6. Driver qualification file and drug and alcohol testing results.

Trucks that operate only within Florida are generally subject to state safety rules that largely follow the federal standards. Our team requests these records early and works with reconstruction experts. Visit our truck accident practice or the Florida injury hub for more.

Attorneys reviewing Florida truck accident cases

Frequently Asked Questions

Can I sue a Florida trucking company if I did not meet the injury threshold?

You may still claim economic losses not covered by PIP, such as medical bills and lost wages above PIP limits. To recover pain and suffering, Florida generally requires a permanent injury, significant scarring or loss of an important bodily function. Many truck crash injuries meet the threshold, but it must be proven with medical evidence.

Who is responsible for a crash with a sugar cane or produce truck?

Depending on the facts, the grower, the hauling company, the truck owner and the loader may share responsibility. Seasonal hauling often involves contractors and leased equipment, and Florida's rule making owners responsible for permitted drivers can add another defendant. We review ownership, employment and loading arrangements before filing.

What if a debris truck caused my crash after a Florida hurricane?

The debris hauler, its contractor and the company responsible for loading may be liable for unsecured loads, overloading or fatigued driving. If a government contract was involved, notice rules and limits on recovery from public entities may apply. Photos of the truck, its markings and any falling debris are important evidence.

How long do I have to sue after a Florida truck crash?

For crashes on or after March 24, 2023, most negligence claims generally must be filed within two years. Earlier crashes may fall under the older four-year rule. Claims against government entities require written notice within three years. Trucking data can disappear long before any deadline, so act promptly.

General information, not legal advice; laws change — confirm your deadline with an attorney. Last reviewed . Reading this page does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.

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