A fully loaded tractor-trailer can weigh up to 80,000 pounds. When a truck that size hits a smaller vehicle, the results are often devastating. Commercial truck collision cases are also much more complex than a typical car accident. More than one person or company may be liable in a Florida truck accident case, and each one usually has insurers working to limit what they pay.
This blog explains who may be responsible for a truck accident, how evidence is gathered, how federal trucking rules come into play, what to do after a crash, and how long you have to file a lawsuit.
Our Miami truck accident lawyers help injured people and families who have lost loved ones pursue compensation.
Who Can Be Liable in a Florida Truck Accident?
In many car crashes, one driver is clearly at fault. Truck accidents are different because several parties often play a role.
To determine who is liable in a Florida truck accident, experienced lawyers will closely examine the driver, the company behind the truck, and everyone who handled the vehicle or its cargo before the crash.
The Truck Driver
A truck driver may be at fault for speeding, texting or other distractions, driving while exhausted, driving under the influence, making unsafe lane changes, following too closely, or failing to check blind spots. Truck drivers must hold a commercial driver’s license, and they are expected to operate their vehicles with a high level of care.
The Truck Company
In many cases, the trucking company that employs the driver can be liable in a Florida truck accident. An employer can be held responsible for an employee’s careless actions on the job. Trucking companies can also be at fault for their own choices, such as:
- Hiring drivers with poor safety records or without proper licenses
- Failing to train drivers properly
- Pushing drivers to meet unrealistic delivery schedules
- Allowing drivers to break hours-of-service limits
- Skipping required inspections and maintenance
Some companies call their drivers independent contractors to avoid liability. An experienced lawyer can look past these labels to find out who really controlled the driver’s work.
Other Drivers
Not every truck crash starts with the truck. A motorist who cuts off a truck, slams on the brakes right in front of it, or runs a red light can set off a chain reaction. In these situations, that driver may be responsible for a truck accident and the injuries that follow.
Cargo Loaders
Overloaded, unevenly balanced, or poorly secured cargo can cause a truck to tip over, jackknife, or spill its load onto the road. The company that loaded the trailer, which may be a shipper, warehouse, or third-party loading crew, can be liable in a Florida truck accident when poor loading practices lead to a crash.
Maintenance Providers and Repair Shops
Commercial trucks need regular upkeep to stay safe on the road. When a repair shop or maintenance company does careless work on brakes, tires, lights, steering, or other key systems, it may be responsible for a truck accident caused by that work. Maintenance and repair records often play a big role in proving these claims.
Truck and Parts Manufacturers
Sometimes a crash happens because something on the truck failed. Defective brakes, tires, steering parts, or trailers can all lead to serious collisions. When a defect is to blame, the company that made the truck or the faulty part can be liable in a Florida truck accident case.
Government Agencies
Road conditions such as dangerous potholes, missing or confusing signs, broken traffic signals, and poorly designed work zones can create hazards for large trucks and the vehicles around them. A city, county, or state agency in charge of the road may be held accountable. Claims against government agencies involve special rules, including strict notice requirements. It is important to act quickly.
How Our Miami Truck Accident Lawyers Gather Evidence
Proving who is liable in a Florida truck accident depends on strong evidence, and much of it is controlled by the trucking company. Some records can be lost, erased, or destroyed if no one acts quickly. That is why our team moves fast to send preservation letters and secure important evidence, which can include:
- Police and crash reports
- Electronic logging device (ELD) data showing the driver’s hours on the road
- The truck’s “black box” or event data recorder, which can show speed, braking, and other actions in the moments before impact
- Driver qualification files, employment records, and training history
- Drug and alcohol test results
- Inspection, maintenance, and repair records
- Bills of lading, cargo records, and loading documents
- Dashcam footage, traffic camera video, and security video from nearby businesses
- Cell phone records
- Photos of the scene, the vehicles, and the road conditions
- Witness statements
- Medical records documenting your injuries
When needed, we also work with accident reconstruction experts, engineers, and medical professionals. This evidence helps us show exactly who is responsible for a truck accident and build a strong claim for the compensation you deserve.
The Importance of Federal Trucking Regulations
Commercial trucking is one of the most heavily regulated industries in the country. The Federal Motor Carrier Safety Administration (FMCSA) sets safety rules for trucking companies and drivers, and Florida applies many of the same standards to trucks on its roads. Key federal rules cover:
- Hours of service: Truck drivers carrying cargo can drive no more than 11 hours after taking 10 hours off duty. They cannot drive past 14 hours from the start of their workday, and they must take a 30-minute break after 8 hours of driving.
- Electronic logging devices: Most long-haul trucks must use ELDs that automatically record driving time, which makes it harder to hide hours-of-service violations.
- Driver qualifications: Drivers must hold a valid commercial driver’s license and pass regular medical exams.
- Drug and alcohol testing: Trucking companies must test drivers before hiring them, after certain crashes, and at random.
- Inspection and maintenance: Companies must regularly inspect, repair, and maintain their trucks and keep records of that work.
- Cargo securement: Loads must be tied down and balanced so they do not shift or fall from the truck.
When a driver or trucking company breaks these rules and someone gets hurt, the violation can be powerful evidence of carelessness. For example, ELD records showing that a driver went over the hours-of-service limits can help prove that fatigue caused the crash and that the driver or company is liable in a Florida truck accident.
What to Do After a Commercial Truck Crash
The steps you take after a truck crash can protect both your health and your claim. If you are able, try to do the following:
- Call 911. Report the crash so police can come to the scene and create an official report.
- Get medical care right away. Some serious injuries, such as brain injuries and internal bleeding, may not cause symptoms at first. Seeing a doctor quickly also creates a record linking your injuries to the crash.
- Document the scene. Take photos of all vehicles, your injuries, skid marks, road conditions, and the truck itself. Be sure to capture the trucking company’s name and the USDOT number printed on the truck.
- Collect information. Get the truck driver’s name, license, and insurance details, along with the names and phone numbers of any witnesses.
- Avoid recorded statements. The trucking company’s insurer may call you soon after the crash. Politely decline to give a recorded statement or sign anything until you have spoken with a lawyer.
- Keep your records. Save medical bills, receipts, pay stubs, and anything else that shows how the crash has affected your life.
- Talk to a truck accident lawyer. A lawyer can protect your rights and start gathering evidence before it disappears.
The Deadline to File a Truck Accident Lawsuit in Florida
In most cases, you have two years from the date of the crash to file a truck accident lawsuit in Florida. This deadline is called the statute of limitations. Florida cut the time limit for most negligence claims from four years to two years for injuries that happened on or after March 24, 2023.
If you lost a loved one in a truck crash, a wrongful death claim generally must be filed within two years of the date of death. Claims against government agencies follow their own notice rules and deadlines, and some other types of claims may have different time limits as well.
If you miss the deadline, you will likely lose your right to recover compensation. Waiting also makes it harder to find evidence and identify everyone who may be responsible for a truck accident. Speaking with a lawyer early gives your case the best chance of success.
Contact Miami Lawyers 360 for a Free Case Review
If you or someone you love was hurt in a truck crash, you should not have to figure out who is liable in a Florida truck accident on your own. While you focus on healing, our team at Miami Lawyers 360 can investigate the crash and preserve critical evidence.
Our legal team deals with trucking companies and their insurers so you do not have to. We pursue compensation for injured people and grieving families. Time matters in these cases.
Contact us today for a free case review by calling (786) 686-2857 or completing our online form.
