A collision with a commercial truck can leave you facing serious injuries, mounting medical bills, and a long recovery. When a truck collides with a smaller vehicle, the people inside may suffer serious injuries, including broken bones, spinal cord damage, and traumatic brain injuries.
Determining who is liable in a truck accident can be complex. Truck crashes can involve multiple parties, including the driver, trucking company, cargo loaders, maintenance providers, or truck manufacturers.
At Florida Lawyers 360, we carefully investigate tractor-trailer and 18-wheeler collisions. Our Florida truck accident lawyers fight for people who have been injured or lost loved ones.
The Truck Driver
Driving a large commercial vehicle takes special training and a commercial driver’s license (CDL). Because trucks are so heavy and hard to stop, even a small mistake can lead to a devastating crash. When a commercial driver fails to take reasonable care behind the wheel and causes a crash, they may be held responsible.
Common examples of truck driver negligence include:
- Speeding: Driving too fast for traffic, weather, or road conditions.
- Distracted driving: Texting, using a phone, or looking away from the road.
- Driver fatigue: Continuing to drive while dangerously tired.
- Impaired driving: Operating a truck under the influence of alcohol or drugs.
- Unsafe lane changes: Switching lanes without checking blind spots or signaling.
- Following too closely: Leaving too little room to stop safely behind another vehicle.
- Ignoring traffic signals: Running red lights or failing to stop at stop signs.
Driver logs, witness statements, and crash reports may help establish whether a truck driver’s actions played a role in the collision.
The Truck Company
A trucking company may be legally responsible for a crash if its driver causes an accident while doing their job. The company may also be liable for its own mistakes, such as failing to hire qualified drivers, address safety problems, or keep its trucks in safe working condition.
Examples of trucking company negligence include:
- Hiring drivers without checking their qualifications or driving records
- Failing to train or supervise drivers properly
- Ignoring reports of unsafe driving
- Skipping needed truck inspections or repairs
- Setting delivery schedules that pressure drivers to break safety rules
Some companies classify their drivers as independent contractors rather than employees. However, this label alone does not determine whether the company is liable in a Florida truck accident. A lawyer can review the company’s role and its relationship with the driver.
Others Who May Be Liable in a Truck Accident
Beyond the driver and trucking company, several other parties may be responsible for a truck accident. A truck is part of a larger system that includes shippers, mechanics, manufacturers, and the roads themselves.
Cargo Loaders and Shippers
Cargo must be loaded evenly and secured properly. When a load is too heavy, unbalanced, or poorly tied down, it can shift while the truck is moving. This can cause the driver to lose control, lead to a rollover or jackknife, or spill cargo onto the road. The company that loaded the trailer may be responsible for a truck accident.
Maintenance and Repair Shops
Trucks need regular maintenance to stay safe. Many trucking companies hire outside shops to inspect and repair their vehicles. If a mechanic does faulty brake work, fails to replace worn tires, or skips important safety checks, the repair shop may be liable in a truck accident caused by that equipment failure.
Truck or Parts Manufacturers
Sometimes a crash happens because something on the truck was defective from the start. Faulty brakes, steering problems, and defective lights or coupling devices can all lead to serious accidents. In these cases, the company that designed or made the truck or the faulty part may be held responsible.
Government Entities
Dangerous road design, missing or confusing signs, broken traffic signals, and large potholes can contribute to a crash. In this situation, the city, county, or state agency responsible for the road may be liable in a truck accident.
Florida has special rules for claims against government agencies. In most cases, you must give the agency written notice of your claim before filing a lawsuit. Florida law also limits compensation in claims against government entities.
How Our Florida Truck Accident Lawyers Gather Evidence
Trucking companies and their insurers often send their own investigators to the scene within hours of a crash. Their goal is to protect the company, not you.
One of the first steps our team takes is sending a preservation letter. This letter puts the trucking company on notice that it must keep all evidence related to the crash. Without it, important records could be lost, erased, or destroyed.
The evidence our lawyers gather may include:
- Data from the truck’s electronic logging device (ELD), which tracks driving hours
- Information from the truck’s “black box,” which can show speed, braking, and other details right before the crash
- The driver’s logbooks, employment file, and driving history
- Drug and alcohol test results
- Truck maintenance and inspection records
- Cargo loading documents and shipping records
- Dashcam footage, traffic camera video, and photos of the scene
- Police reports and witness statements
When needed, our legal team also works with accident reconstruction experts who can explain how the crash happened.
Federal Regulations in Truck Crash Cases
Commercial trucks must follow safety rules set by the Federal Motor Carrier Safety Administration (FMCSA).
- Hours of service: Drivers carrying property generally cannot drive more than 11 hours after 10 consecutive hours off duty, and they must take breaks.
- Driver qualifications: Drivers must hold a valid CDL, pass medical exams, and meet other standards.
- Drug and alcohol testing: Companies must test drivers before hiring, after certain crashes, and at random.
- Inspection and maintenance: Trucks must be inspected and kept in safe working condition.
- Cargo securement: Loads must be tied down using approved methods.
- Insurance: Most interstate trucking companies must carry at least $750,000 in liability coverage, and more for hazardous materials.
When a driver or company breaks these rules and someone gets hurt, that violation can be strong evidence of who is liable in a truck accident. Our lawyers know these regulations and how to use them to build your case.
How Long Do You Have to File a Truck Accident Lawsuit in Florida?
Florida law sets a strict deadline, called the statute of limitations, for filing a truck accident lawsuit. For most accidents that happened on or after March 24, 2023, you have two years from the crash date to file a personal injury claim. If a loved one died in a truck accident, the family generally has two years from the date of death to file a wrongful death claim.
Claims against government agencies have additional requirements. You must give the agency written notice of the claim, usually within three years, or within two years for wrongful death.
If you miss these deadlines, you may lose your right to compensation. Waiting also gives evidence time to disappear. Speaking with a lawyer early protects your rights.
Contact Florida Lawyers 360 for a Free Consultation
If you were hurt in a crash with a commercial truck, you do not have to face the trucking company and its insurers alone. At Florida Lawyers 360, our team can investigate, gather evidence, and identify who may be liable in a truck accident. While we handle the legal work, you can focus on healing.
Contact Florida Lawyers 360 today to learn how we can help you move forward. Call 954-448-7355 or complete our online form to schedule a free case review.
