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Truck accidents · Statewide

Truck accident lawyer in Florida

Crashes with tractor-trailers and delivery trucks involve more parties, more rules and more evidence than ordinary car wrecks. Here is how those claims work in Florida and why the first weeks matter so much.

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What makes a truck case different

A loaded tractor-trailer can weigh many times what a passenger car does, so the forces in a crash are far larger, and the injuries are often catastrophic. The legal differences are just as important.

  • More than one party may share responsibility. The driver, the trucking company that employs or contracts the driver, a company that loaded the cargo, a maintenance contractor, or a vehicle or parts manufacturer may all be involved, depending on what went wrong.
  • Federal and state safety rules apply. Commercial carriers and drivers must follow the Federal Motor Carrier Safety Regulations, which cover hours of service, vehicle inspection and maintenance, driver qualification, and record keeping.
  • The evidence is held by the other side, and some of it is kept only for a limited time.
Short answer: if a commercial truck hurt you, send nothing to the carrier's insurer, get medical care, and speak with a lawyer quickly so evidence can be preserved while it still exists.

Who may be responsible

Which parties are in play depends on the facts, and a careful investigation identifies them rather than assuming.

  • The driver. Fatigue, distraction, speed, following too closely, and unsafe lane changes are typical issues.
  • The carrier. Companies can be responsible for how they schedule, supervise, train and hire drivers, and for whether vehicles are maintained.
  • Shippers and loaders. Poorly secured or overweight cargo can cause rollovers and spills.
  • Maintenance providers and manufacturers. Brakes, tires and steering failures sometimes trace to someone other than the driver.
  • Others on the road. A passenger-vehicle driver may also share fault, which the other side will emphasize.

Florida compares fault. An ordinary negligence plaintiff found more than half at fault generally recovers nothing, and a lower percentage trims the award (Fla. Stat. § 768.81). Our comparative fault guide explains how.

The records that matter

The federal rules require commercial carriers to maintain records, and the records can be important evidence. Some are kept for only a limited time, which is why speed matters. Examples include:

  • Hours-of-service logs and electronic logging device data, which can show driver fatigue.
  • Driver qualification files, which show hiring, licensing and medical certification.
  • Inspection, repair and maintenance records for the truck and trailer.
  • Dispatch records, trip documents and bills of lading, which show schedules and cargo.
  • Event recorder and onboard camera data, which may show speed and braking, and which can be overwritten.
  • Post-crash testing records, where they exist.

An attorney can send a preservation letter that puts the carrier on notice to keep these records. It is a standard step, and the sooner it is sent, the better.

First steps after a truck crash

  1. Call 911 and get medical attention. Serious injuries are common and some do not show up immediately.
  2. Document the scene. Photograph the truck, the company name, DOT number, trailer number and license plates, along with skid marks, debris and road conditions.
  3. Collect witness information. Truck drivers behind or beside the crash often see it.
  4. Report the crash and cooperate with police, without guessing about fault.
  5. Avoid the carrier's insurer. Adjusters for trucking companies often arrive fast. You do not have to give a recorded statement.
  6. Keep all medical records and bills, and follow your treatment plan.
  7. Call a lawyer while the records are still there to be preserved.

What damages can look like

Truck injuries are often severe, and the resulting claim may include more categories than a typical car case. Depending on the facts and the law, it may seek:

  • emergency, surgical, rehabilitation and long-term care costs;
  • lost income and reduced earning ability, including for people who cannot return to their old work;
  • the cost of household help and home or vehicle modifications, when injuries require them;
  • pain, suffering and loss of enjoyment of life, to the extent Florida law allows.

When a family member dies, certain survivors may bring a wrongful-death claim, which in most cases must be filed within two years for incidents after March 24, 2023 (Fla. Stat. § 95.11). See our deadline guide.

Insurance and court

Commercial vehicles are typically insured differently from private cars, and several policies may be involved. Identifying every policy early matters. Larger claims also affect where a lawsuit is filed: for cases filed on or after January 1, 2023, Florida county courts hear civil claims up to $50,000 and larger claims go to circuit court (Fla. Stat. § 34.01). Many serious truck claims are well above that amount.

What insurers and carriers tend to argue

  • That a passenger-vehicle driver was partly at fault (see the fault rule above).
  • That injuries came from earlier conditions.
  • That treatment was excessive or the gaps in treatment show recovery.
  • That the carrier is not responsible for an independent contractor's choices.

Careful documentation answers these arguments better than any single phone call.

Working with us

Rodriguez & Williamson, PLLC meets clients in English or Spanish, and the first consultation is free and confidential. Direct attorney access and trial readiness are central to how we work.

We meet clients by appointment at our offices in Tampa, Orlando and Miami, and the firm serves clients across Florida depending on the case type and venue.

Tampa

1600 E 8th Ave, Suite A200
Tampa, FL 33605

Appointments only

Call (813) 320-7500

Orlando

300 S Orange Ave, #1000
Orlando, FL 32801

Appointments only

Call (407) 584-2000

Miami

1111 Brickell Ave, 10th Floor
Miami, FL 33131

Appointments only

Call (305) 206-9900

For local pages, see our truck accident pages for Tampa and Miami. If you were hurt near Orlando, our Orlando office can meet with you, and the personal injury page for Orlando has local details.

Questions to answer early in a truck case

Several questions shape a truck case from the beginning. Who owned the truck, and who employed the driver? Was the trailer owned by someone else? What was the truck carrying, and who loaded it? Was a broker involved? Each answer can add a defendant and an insurance policy, and the information is often in documents the carrier controls. That is why speed matters: records requests go out early so that nothing is lost.

Time off work and long recoveries

Truck crash injuries often keep people away from work for months, and some never return to the same job. Income records from before and after the crash, a doctor's note about restrictions, and a letter from your employer all help show what was lost. If you are self-employed, tax returns and invoices from before the crash do the same job. Keep copies of everything, and write down the effect on your family and daily routine as you go.

Frequently asked questions

Who can I sue after a truck accident?

Possibly the driver, the carrier, a cargo loader, a maintenance company or a manufacturer, depending on what caused the crash. A lawyer investigates before naming anyone.

How fast do I need to act?

As soon as you can. Some records are kept only for a limited time, and onboard data can be overwritten. The lawsuit deadline is generally two years for incidents after March 24, 2023, but evidence deadlines are often much shorter.

What is a preservation letter?

A written notice that asks a carrier or other party to keep specific records and data, such as logs, inspection files and camera footage. It does not guarantee preservation, but it makes destruction harder to excuse.

Should I talk to the trucking company's insurer?

You can give your name and basic information. You do not have to give a recorded statement, and it is wise to talk to a lawyer first.

Are trucking companies held to different rules?

Yes. Commercial carriers and drivers must follow the Federal Motor Carrier Safety Regulations, including hours-of-service limits, vehicle inspection and maintenance, and record-keeping.

What if the driver says it was my fault?

Fault is decided on evidence, not on the driver's statement. In most cases, you can still recover if you are found 50% or less at fault, though your award is reduced by your share.

Related pages

Sources

General information, not legal advice. Reading this page does not create an attorney-client relationship, and every case depends on its own facts. For qualifying personal injury matters the firm works on a contingency-fee basis, so attorney fees are not collected unless there is a recovery. Last updated: 2026-10-16.

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