Robert A. Rush, P.A. is now Rush & Frisco Law

Get Your Risk Free Consultation*

Available 24/7 (352) 373-7566

Main Menu

Call Now! 24/7 Legal Help

The ultimate guide to truck accident claims in Florida

The ultimate guide to truck accident claims in Florida
Truck accidents are among the most devastating crashes on Florida’s roads. Because of their sheer size and weight, commercial trucks can cause catastrophic injuries, wrongful deaths, and multi-vehicle collisions. Victims are often left facing overwhelming medical bills, long-term disabilities, and aggressive insurance companies that fight to minimize payouts.
This guide explains how truck accident claims work in Florida, who may be held responsible, what compensation is available, and why hiring an experienced Gainesville truck accident lawyer is essential.

Why truck accidents are different from car accidents

Truck accident claims are not the same as typical car accident cases. Several factors make them far more complex:

  • Size and weight

    Commercial trucks can weigh 20–30 times more than passenger vehicles, often leading to catastrophic injuries.

  • Strict regulations

    The Federal Motor Carrier Safety Administration (FMCSA) enforces hours-of-service rules, maintenance requirements, and safety standards that impact liability.

  • Corporate involvement

    Trucking companies, insurers, and even cargo loaders may share responsibility.

  • High insurance coverage

    Commercial policies often provide millions in coverage, which makes insurers fight harder to avoid paying full value.

Common causes of truck accidents in Florida

Some of the most common causes of truck crashes include:

  • Driver fatigue

    Truck drivers often work long hours, sometimes violating federal limits.

  • Distracted driving

    Cell phone use and other distractions play a role in serious accidents.

  • Impaired driving

    Alcohol or drug use, including stimulants used to stay awake.

  • Poor maintenance

    Worn brakes, tire blowouts, or mechanical failures can cause deadly wrecks.

  • Overloaded or unsecured cargo

    Shifting cargo makes trucks unstable.

  • Hazardous road conditions

    Heavy rain, fog, and debris increase accident risks.

Federal and Florida trucking laws that affect your case

Truck accident cases involve a mix of state and federal laws.

  • FMCSA regulations

    Cover driver hours, logbooks, inspection requirements, and electronic logging devices (ELDs).

  • Florida statutes on negligence

    Establish fault and compensation rules.

  • Statute of limitations

    Personal injury and wrongful death cases generally must be filed within two years under Florida Statute §95.11.

Knowing how these laws interact is crucial to building a strong case.

Determining liability in a truck accident case

Unlike a typical car accident, truck accidents often involve multiple liable parties:

  • The truck driver – for reckless driving, fatigue, or impairment.

  • The trucking company – for negligent hiring, training, or failing to maintain vehicles.

  • Cargo loaders – for improperly securing or overloading cargo.

  • Manufacturers – if defective truck parts contributed to the crash.

  • Third parties – such as contractors or maintenance providers.

An experienced attorney investigates all potential defendants to maximize recovery.

What to do immediately after a truck accident

If you are involved in a truck accident in Florida, take these steps:

  • Call 911 and seek medical attention.

  • Gather evidence if possible (photos, witness contact information).

  • Avoid giving statements to the trucking company’s insurer.

  • Contact an attorney before negotiating with any insurance adjuster.

Evidence in a Florida truck accident claim

Strong evidence is critical in these cases. Key evidence may include:

  • Police reports and accident reconstruction findings.

  • Electronic logging device (black box) data.

  • Driver logbooks and hours-of-service records.

  • Maintenance and inspection records.

  • Witness testimony and expert opinions.

Preserving evidence quickly is essential, as companies are only required to keep certain records for a limited time.

Compensation available in truck accident cases

Victims of truck accidents in Florida may be entitled to:

  • Economic damages – medical expenses, lost income, property damage, rehabilitation costs.

  • Non-economic damages – pain and suffering, emotional distress, loss of enjoyment of life.

  • Wrongful death damages – funeral expenses, loss of financial support, loss of companionship under Florida Statute §768.21.

  • Punitive damages – in cases of reckless or intentional misconduct.

Common insurance issues in truck accident claims

Commercial trucking insurers are known for aggressive defense strategies. Victims may face:

  • Lowball settlement offers.

  • Delays in processing claims.

  • Blame-shifting tactics to reduce liability.

  • Multiple insurers covering different aspects of the accident.

An attorney can navigate these issues and push for the full compensation you deserve.

Deadlines to know in Florida truck accident claims

Several deadlines and legal requirements can affect your case:

  • Statute of limitations (personal injury)

    Two years from the date of the accident (Florida Statute §95.11).

  • Statute of limitations (wrongful death)

    Two years from the date of death.

  • PIP 14-day rule

    You must seek medical care within 14 days to qualify for no-fault benefits.

  • Claims against government entities

    If a government vehicle is involved, notice must be filed within three years under Florida Statute §768.28.

  • Evidence preservation

    Black box data and driver logs may be destroyed within months unless a spoliation letter is sent.

  • Insurance notification deadlines

    Most policies require prompt reporting of an accident.

Missing any of these deadlines could prevent you from recovering damages.

How long do you have to file a truck accident claim in Florida?

In most cases, you have two years to file a lawsuit. However, evidence often disappears much sooner, which makes acting quickly essential. Early legal action also helps preserve witness testimony and electronic data from the truck.

Why you need a Florida truck accident attorney

Truck accident cases are high-stakes litigation. Trucking companies and their insurers have teams of lawyers working to limit what victims receive. By hiring an experienced attorney, you:

  • Level the playing field against corporate insurers.

  • Gain access to accident reconstruction experts.

  • Ensure evidence is preserved and subpoenas are issued promptly.

  • Increase your chances of securing full and fair compensation.

Truck accidents in Florida leave victims facing life-changing injuries, financial hardship, and powerful insurance companies. If you or a loved one has been injured in a truck crash, you do not have to face this battle alone.

Contact us today for a free consultation and let us fight for the justice and compensation you deserve.

Rush & Frisco has decades of trial experience representing victims of serious truck accidents, wrongful death cases, and catastrophic injury claims in Gainesville and across Florida.
Schedule a free consultation today.

Start typing and press enter to search