Trucking Accident Litigation in Florida: What Injury Victims Need to Know
Trucking accidents are among the most catastrophic motor vehicle collisions on Florida’s roads. Due to the size and weight of commercial trucks, crashes involving 18-wheelers, tractor-trailers, or delivery trucks often result in devastating injuries, long-term disability, and even death. If you or a loved one was injured in a trucking accident in Florida, understanding your legal rights and the litigation process is essential to securing the compensation you deserve.
Common Causes of Trucking Accidents
Trucking accidents are often caused by a combination of driver error, poor vehicle maintenance, and regulatory violations. Common causes include:
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Driver fatigue due to violations of federal Hours-of-Service (HOS) rules
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Speeding or reckless driving
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Distracted driving (e.g., texting while driving)
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Improperly loaded or overloaded cargo
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Defective brakes or equipment failure
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Inadequate driver training or supervision
Under Florida law, multiple parties may be held liable for a trucking accident, including the driver, the trucking company, cargo loaders, maintenance contractors, and even the truck manufacturer in product defect cases.
Florida Trucking Regulations and Federal Law
Trucking litigation in Florida involves a complex mix of state and federal regulations, including the Federal Motor Carrier Safety Regulations (FMCSR), which govern driver qualifications, maintenance standards, logbook requirements, and more. Violations of these laws can establish negligence or recklessness, significantly strengthening the injury victim's case.
Florida’s comparative fault system (under Fla. Stat. § 768.81) also applies, meaning a plaintiff’s damages may be reduced if they are partially at fault—but they can still recover damages unless they are found to be more than 50% responsible.
Steps in a Florida Trucking Accident Lawsuit
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Investigation – A thorough investigation is critical. This may involve obtaining the truck's black box data, driver logs, maintenance records, and camera footage.
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Preservation of Evidence – A spoliation letter should be sent immediately to preserve evidence that could be lost or destroyed.
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Identifying All Liable Parties – Trucking companies often operate through complex corporate structures and may attempt to shield themselves from liability.
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Filing a Personal Injury Lawsuit – This includes a formal complaint asserting negligence and seeking damages.
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Discovery and Expert Testimony – Trucking cases often require accident reconstruction experts, mechanical experts, and medical experts to prove liability and damages.
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Negotiation or Trial – Many cases settle out of court, but litigation may be necessary if the trucking company or insurer refuses to offer fair compensation.
Damages Available in Florida Truck Accident Cases
Victims of trucking accidents in Florida may recover compensation for:
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Medical expenses (past and future)
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Lost wages and loss of earning capacity
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Pain and suffering
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Mental anguish and emotional distress
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Disability or disfigurement
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Property damage
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Wrongful death damages (for surviving family members)
Why You Need an Experienced Florida Trucking Accident Attorney
Trucking companies and their insurers aggressively defend these claims. They often have rapid-response teams that begin working on the case within hours of the crash. Victims should level the playing field by working with a skilled personal injury attorney familiar with trucking litigation and federal safety regulations.
An experienced Florida trucking accident lawyer can:
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Investigate and build your case quickly
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Navigate federal and state trucking regulations
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Identify liable parties and insurance coverage
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Handle communications with insurers
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Negotiate a strong settlement or take your case to trial if needed
Get Legal Help After a Trucking Accident in Florida
If you've been injured in a trucking accident in Florida, don't face the legal process alone. Time is of the essence due to evidence preservation issues and strict filing deadlines under Florida’s statute of limitations. Contact an experienced trucking accident lawyer to discuss your rights and pursue the justice and compensation you deserve.
Have you or someone you know been injured as a result of a trucking accident? Contact Florida Personal Injury Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at jp@yourattorneys.com or by text at (305) 929-8935.
