Truck accidents can cause serious injury to motorists in passenger cars, as well as to pedestrians, motorcyclists and bicycle riders. Unfortunately, around one-third of all truck accidents result from actions taken by the truck driver, but innocent motorists are much more likely to be the ones hurt in these deadly crashes. If you or a loved one is the victim of a truck accident, you may be entitled to compensation for losses resulting from the crash.
At Steinger, Greene & Feiner, our injury attorneys have represented more than 32,000 clients harmed in accidents since 1997. We have the legal knowledge to take on tough cases and we are ready to put our experience to work on your truck accident claim.
Why Trucking Accidents Are More Complex Than Other Motor Vehicle Crashes
If you’ve been involved in a trucking accident, you know it’s far more complex than a typical car crash. The size and weight of trucks can cause severe damage and injuries, making claims larger and investigations deeper. Unlike regular car accidents, trucking cases are subject to federal regulations like FMCSA rules, and any violation can shift liability. Plus, you’re not just dealing with one driver—you could be facing trucking companies, insurers, cargo loaders, and even manufacturers. Sorting through these layers, while navigating state and federal laws, can be overwhelming. That’s why having experienced legal guidance is crucial to ensure you’re fairly compensated.
Common Causes of Truck Accidents in Florida
Truck accidents are disproportionately severe, accounting for 9% of all fatal crashes nationwide and 5% of injury and property-damage crashes, despite trucks making up only 4% of registered vehicles (NHTSA report). In Florida alone, over 32,000 commercial vehicle accidents occurred in 2023, with truck-related fatalities increasing by 13% from 2022 to 2024 (Florida Department of Highway Safety and Motor Vehicles).
Truck accidents in Florida happen for many reasons, and knowing these risks can help you protect your rights. While the FMCSA attributes about 31% of truck accidents to driver-related factors, several specific issues stand out in Florida:
Driver-Related Factors
- Tailgating & Speeding: Tight deadlines lead truckers to follow too closely or exceed speed limits, especially on Florida’s busy highways like I-95. This makes sudden stops dangerous and often results in rear-end collisions.
- Distracted & Drowsy Driving: Long hours on the road, boredom, and stress contribute to distraction and fatigue. Despite federal regulations on rest breaks, drivers sometimes push limits, making drowsy driving a major cause of accidents.
- Impaired Driving: Alcohol and drug use, whether legal or illegal, can impair a truck driver’s judgment. Even with mandatory testing, violations happen, increasing the risk of crashes in Florida’s high-traffic areas.
Truck-Related Issues
- Unbalanced Loads & Poor Familiarity: An improperly balanced truck is a danger on any road, and Florida’s ports and distribution centers see frequent freight movement. Unbalanced cargo and inexperienced drivers unfamiliar with their trucks make rollovers and jackknifing more likely.
- Mechanical Failures: Brake issues, tire blowouts, and general maintenance lapses can cause accidents. Some trucking companies cut corners on upkeep, leaving poorly maintained trucks on Florida’s roads.
Environmental & Road Factors
- Weather & Construction Zones: Florida’s heavy rains, hurricanes, and ongoing road construction create hazardous conditions for truckers, leading to reduced visibility and difficult maneuvering, especially on narrow lanes.
- High Tourist Traffic: With so many tourists on the road unfamiliar with local routes, sudden stops or lane changes make truck accidents more likely.
Company & Industry Practices
- Pressured Schedules & Training Gaps: Trucking companies often push for faster deliveries, leading drivers to take risks. Some companies also fail to properly train drivers, which is particularly concerning in a state like Florida, where trucking is booming.
If you’re involved in a truck accident, it’s essential to recognize these factors to support your claim. A Florida truck accident lawyer can identify the causes, uncover FMCSA violations, and fight for the full compensation you deserve by holding every liable party accountable.
Types of Truck Accidents
Due to their size, weight, and commercial nature, trucks can cause a range of serious accidents, each with its unique risks. Unlike passenger car collisions, truck accidents often involve higher speeds, heavier cargo, and larger vehicles, leading to devastating impacts and injuries. Understanding the type of truck accident is crucial to determining liability and the best legal approach to claim compensation. Here are some of the most common types of truck accidents:
- Jackknife Accidents: The trailer swings out to form a 90-degree angle, often leading to multi-vehicle crashes. Jackknifing usually occurs due to sudden braking, poor weather, or driver error, and can completely block multiple lanes of traffic.
- Rollover Crashes: The truck tips over, usually caused by sharp turns, speeding, or unbalanced cargo. Rollovers can be catastrophic for nearby vehicles, trapping or crushing smaller cars and leading to serious injuries or fatalities.
- Underride Collisions: Among the deadliest types, these occur when smaller vehicles slide under the truck’s trailer, often shearing off the top of the car and causing severe injuries. Even with underride guards in place, the damage can be devastating.
- Tire Blowouts & Brake Failures: Mechanical issues like tire blowouts or brake failures can cause a driver to lose control, leading to sudden lane changes, jackknifing, or road departures. Such accidents are often tied to poor maintenance or equipment defects.
- Wide Turn Accidents: Large trucks require more space to make turns, sometimes swinging into other lanes or colliding with vehicles caught in their blind spots. Misjudging space or improper maneuvering increases the risk of these crashes.
Since most of these accidents involve commercial trucks, the stakes are high with multiple parties—drivers, trucking companies, manufacturers—potentially liable. Our trucking accident lawyers will analyze the type of crash, gather evidence, and build a strong case to hold all responsible parties accountable, working to maximize your compensation for injuries, medical bills, and property damage.
What To Do After A Truck Accident In Florida
After a truck accident in Florida, your actions can impact your safety and future claims.
- Prioritize safety first—check for injuries, move to safety if possible, and call 911 to report the crash.
- Seek medical attention immediately, as you have 14 days under Florida law to be eligible for PIP benefits. Your medical records will be key for any future claim.
- Exchange information with all parties involved, but avoid admitting fault. Document everything: photos of the scene, damage, and injuries, as well as witness contact details and the truck’s license and company name.
- File a police report, which will serve as an objective record and support your claim.
- Notify your insurer, but be cautious with your statements. Before speaking with any trucking company’s insurer or agreeing to a settlement, contact a truck accident attorney who knows Florida’s laws and regulations. Act quickly, as Florida’s statute of limitations for personal injury claims is two years from the accident date.
Compensation in Florida Truck Accident Cases
If a truck accident results in injuries rather than death, Florida personal injury law permits accident victims to seek both economic and non-economic damages. Compensation typically includes:
- Medical bills: All costs associated with injury treatment, from emergency care to rehabilitation.
- Lost income and earning capacity: Compensation for missed work and reduced ability to earn in the future due to injuries.
- Pain and suffering: Non-economic damages that address the physical pain and emotional trauma resulting from the accident.
- Emotional distress: Compensation for the psychological impact of the accident, including anxiety, depression, and loss of enjoyment of life.
However, due to recent changes in Florida law under HB 837 (2023), non-economic damages like pain and suffering may be capped or limited in some wrongful death claims, particularly those involving medical malpractice.
If a truck accident leads to the death of a loved one, Florida’s Wrongful Death Act allows family members to seek compensation. Under this law, a wrongful death claim must be filed by the personal representative of the deceased’s estate on behalf of the survivors, which may include spouses, children, and sometimes parents. Compensation can cover:
- Funeral and burial costs: Necessary expenses for laying the deceased to rest.
- Medical expenses: Costs related to the treatment of injuries before death.
- Loss of financial support: The value of lost earnings that the deceased would have provided.
- Loss of companionship and guidance: Emotional losses experienced by family members, including loss of parental companionship for children.
Compensation isn’t limited to the truck driver; it can extend to the trucking company or employer, and even third parties, depending on their role in the accident. Even if you are partially at fault, you may still recover compensation under Florida’s comparative negligence rule—although it will be reduced based on your share of fault. Our semi truck accident attorneys can help maximize your recovery, ensuring that you receive fair compensation for all your losses.
What If You’re Partly at Fault for the Accident?
Even if you share some responsibility for a truck accident in Florida, you may still be entitled to compensation. Florida’s modified comparative negligence rule means that if you’re less than 50% at fault, you can recover damages. However, your compensation will be reduced by your percentage of fault. For instance, if you’re found 20% responsible, your recovery will be reduced by 20%. But if your fault is 50% or more, you won’t be able to recover any damages.
Having a truck accident injury lawyers by your side can make a big difference—they can analyze the details of your case, reduce your level of fault where possible, and fight to ensure you receive fair compensation for your injuries and losses.
Liability in Truck Accident Cases
If you’ve been involved in a truck accident, it’s important to know that responsibility may not lie solely with the truck driver. Multiple parties can be held accountable, and knowing who is liable can make a huge difference in your compensation. Under Florida law and federal regulations, several key players may be responsible:
Key Parties That May Be Held Liable:
- Truck Driver: If the driver was negligent—speeding, distracted, or breaking federal regulations—they can be directly liable for causing the accident.
- Trucking Company: The company might be accountable if they failed to properly screen, train, or maintain their drivers and vehicles. Through vicarious liability, a trucking company can be held responsible for its driver’s negligence on the road.
- Shipping Company: When the accident is caused by improperly loaded cargo or unreasonable delivery deadlines, the shipping company may be to blame.
- Broker: If they didn’t comply with federal regulations or provided incorrect information about the shipment, brokers can also share liability.
- Truck Manufacturer: Faulty parts or failure to address known defects can mean the manufacturer is liable for the crash.
- Third-Party Drivers: Any other motorists involved in the crash who contributed to the collision can also share responsibility.
Other Potential Liable Parties:
- Truck Owner: If the truck is privately owned, the owner is responsible for keeping it properly maintained and inspected. Failure to do so can lead to mechanical issues and accountability.
- Highway Designers: Poor road design, hazardous intersections, or lack of signage may put liability on those responsible for maintaining safe road conditions.
Finding the Right Help for Your Case With so many possible parties involved, determining who is liable can be complicated. That’s where having an experienced truck accident attorney can make a big difference. They’ll help identify all responsible parties, collect key evidence like black box data and ELD records, and fight to get you the maximum compensation you deserve.
Florida Laws For Semi-Truck Accident Cases
Florida truck accident laws weave together state and federal regulations designed to ensure safety on the roads and protect victims of commercial vehicle crashes. To start, it’s crucial to understand how Florida law classifies trucks. The state identifies different categories, including commercial motor vehicles (CMVs), which are typically larger vehicles used for business purposes. Trucks over 26,001 pounds, vehicles transporting hazardous materials, and those carrying more than eight passengers are all classified as CMVs, subject to specific safety and insurance regulations. These classifications determine how state and federal laws apply in an accident case.
The Federal Motor Carrier Safety Administration (FMCSA) mandates strict guidelines for truck operations across the U.S., and in 2024, these rules are vital in Florida cases. FMCSA regulations require compliance with weight limits, proper maintenance, and use of Electronic Logging Devices (ELDs) to monitor driving hours and prevent driver fatigue. Trucks must carry higher minimum liability insurance than regular vehicles—ranging from $750,000 to $5 million, depending on cargo type and routes.
State-specific rules add another layer to these laws. Under Florida Statute 316.550, trucking companies must obtain permits for oversized loads, with any failure to comply leading to additional liability in accidents. The Florida Administrative Code Chapter 14-87 enforces safety standards and requires mandatory vehicle inspections. When companies skip regular inspections or maintenance (as outlined in 49 CFR Part 396), they can be held liable for equipment failures causing accidents.
Florida’s modified comparative negligence rule under Statute 768.81 impacts compensation. Victims who are less than 50% at fault can still recover damages, though the amount will be reduced by their percentage of fault. Additionally, the recent legal update shortened the statute of limitations for personal injury claims to two years from the accident date, stressing the urgency of timely legal action. Wrongful death claims must also be filed within two years from the victim’s passing.
With these intricate laws and the strict oversight of trucking regulations, consulting an experienced Florida truck accident attorney is essential. A truck wreck law firm will ensure every angle is explored, evidence is collected, and all liable parties are pursued, helping you secure maximum compensation for your injuries and losses.
The Truck Accident Claim-Filing Process
Filing a truck accident claim involves several steps, and understanding each one is crucial for protecting your rights and maximizing compensation.
- Calculate Damages and Build Your Claim: Damages extend beyond just medical bills; they include lost wages, pain and suffering, property damage, and future expenses. It’s important to evaluate all possible losses to ensure you pursue full compensation while also navigating Florida’s modified comparative negligence rule to reduce any blame assigned to you.
- File a Claim with Insurance Companies: Truck accidents often involve multiple insurance policies—covering the driver, trucking company, cargo, and others. Claims must be filed with each insurer to secure the appropriate settlement for all injuries and damages.
- Engage in Settlement Negotiations or File a Lawsuit: While many claims are settled out of court, sometimes insurers won’t offer fair compensation. In these cases, filing a lawsuit may be necessary. Given Florida’s statute of limitations is now two years, prompt action is essential to meet deadlines and maintain your right to compensation.
- Receive Compensation: Once a settlement or verdict is reached, damages are collected and distributed, covering medical bills, lost wages, and other entitled compensation.
Given the complexity of truck accident claims, involving multiple policies, legal deadlines, and negotiation, having an experienced truck crash attorney helps ensure your case is handled effectively and you receive the compensation you deserve.
Getting Help From A Truck Accident Lawyer
At Steinger, Greene & Feiner, accident law firm, our attorneys are members of the Multi-Million Dollar and the Million-Dollar Advocates forum. We have an AV preeminent rating and our firm has been recognized among the top law firms. We’ve earned these honors because we are serious about protecting the rights of our clients who are injured in truck accidents and other types of injury cases. Investigating a truck accident and pursuing a claim can be complicated, but our attorneys have decades of collective experience and a long track record of helping clients recover damages. While every case is different, we are confident we can provide the compassionate and skilled legal representation you deserve during your truck accident case. Contact us at one of our offices in Miami, West Palm Beach, Fort Lauderdale, Port St. Lucie, Fort Myers, Orlando, Okeechobee to request a free case evaluation.