A collision with a commercial truck can leave you physically injured, emotionally shaken, and unsure of your next steps. If this happened on a Florida highway like I-95, the Turnpike, or US-1, you’re not alone. A skilled Florida truck accident lawyer can help guide you through the legal process. This guide explains exactly what to do after a truck accident in Florida so you can protect your health, your legal rights, and your financial future.
Why Florida Truck Accidents Are Especially Severe
Florida ranks among the top states for truck accident injuries and fatalities. Heavily trafficked routes like I-95, I-75, and the Florida Turnpike are among the most heavily traveled trucking corridors in the state.
Truck crashes often involve:
- Multiple vehicles
- High-speed impacts
- Severe or fatal injuries
Tourist traffic, seasonal residents, and sudden rainstorms increase the danger year-round.
What to Do in the Days Following a Florida Truck Accident
By the time you're searching for help, the initial chaos of the accident scene has likely passed. You're probably at home or in the hospital, trying to make sense of what comes next. Here's what to do in the days and weeks after a truck crash to protect your rights and begin your recovery.
Seek Follow-Up Medical Care Immediately
Even if you visited the ER or urgent care after the crash, schedule follow-up visits with your primary care doctor or specialists. Some injuries—especially head, neck, or internal issues—develop or worsen over time. Florida's PIP law still requires treatment within 14 days, but ongoing care documents your injury progression and supports your claim.
Start a Recovery and Symptom Journal
Use a notebook or app to log daily pain levels, sleep disruptions, emotional struggles, and how your injuries affect your work and family life. This journal becomes powerful evidence for non-economic damages like pain and suffering. It also helps doctors track your recovery over time.
Request the Official Crash Report
You can request your crash report from the Florida Highway Safety and Motor Vehicles (FLHSMV) website. This report includes the officer’s observations, fault determinations, witness information, and citations. Your attorney will use it as a key part of your claim.
Avoid Speaking to the Trucking Company or Their Insurer Alone
Within days of the crash, you might receive a call from the trucking company’s insurer. They may ask for a recorded statement or offer a quick settlement. Politely decline and say your attorney will handle communications. Speaking to them directly can seriously hurt your case.
Notify Your Insurance Provider
Let your insurer know about the crash promptly, but again, avoid detailed recorded statements until you've spoken with a lawyer. Simply confirm that the crash occurred and provide basic information. Your attorney can help you prepare any required documentation.
Preserve Evidence in Your Possession
Keep all medical records, bills, prescription receipts, and correspondence related to your crash. If you have clothing worn during the crash, damaged personal property, or photos taken at the scene, store them safely. Your legal team may need to use them as physical evidence.
Contact a Florida Truck Accident Lawyer
The sooner you involve a truck accident attorney, the better your chances of recovering fair compensation. They can launch a formal investigation, issue legal notices to preserve evidence, and start building your case from day one.
Common Truck Accident Injuries and Recovery
The injuries sustained in a truck accident are often more severe than those from a standard car crash. This is due to the immense force generated by the weight and momentum of large commercial vehicles. These injuries can leave victims with lasting pain, permanent disabilities, and a long road to recovery.
Truck collisions often cause catastrophic injuries due to the sheer size and weight difference between semis and passenger cars. Victims may experience:
- Traumatic brain injuries (TBI)
- Spinal cord damage and paralysis
- Crushed or amputated limbs
- Multiple fractures
- Emotional trauma or PTSD
Recovery may involve:
- Multiple surgeries
- Ongoing physical therapy
- Mental health counseling
- Home modifications and assistive devices
Consult with specialists like neurologists, orthopedic surgeons, and rehabilitation experts. Keep a detailed recovery journal to track symptoms and treatments.
Why Truck Crash Evidence Disappears Quickly
Evidence from a truck crash doesn’t last forever, and some of it may disappear in just a matter of days. Trucking companies are often quick to repair their vehicles, overwrite data, or dispose of maintenance logs. If action isn’t taken quickly, crucial evidence that could prove liability may be lost for good.
Many critical records can be altered or destroyed within days or weeks of the crash:
- Black box (ECM) data
- Electronic Logging Device (ELD) records
- Maintenance logs
- Dispatch communications
- Camera footage from Florida DOT or nearby businesses
Your attorney can issue a “spoliation letter” to preserve this evidence. Without fast legal intervention, key information may be lost permanently.
How Insurance Works in Florida Truck Accidents
Truck accident claims in Florida involve multiple layers of insurance and a combination of state and federal laws. Understanding how insurance works in these cases helps you avoid mistakes and build a stronger claim. Insurance companies, especially those representing commercial fleets, often move fast to limit payouts.
PIP Coverage and Its Limits
Florida is a no-fault state. Your PIP covers medical costs up to $10,000, regardless of fault. However, that amount is often exhausted quickly in serious truck accidents.
Commercial Truck Insurance
Federal regulations require trucking companies to carry $750,000 to $5 million in liability coverage at a minimum. However, accessing those funds requires proving fault and negotiating with insurance defense teams.
Federal vs. State Oversight
Out-of-state trucking companies fall under federal regulations. That can lead to jurisdictional disputes and complex litigation. Your attorney will decide whether to file in Florida state court or federal court.
Who Can Be Held Liable in a Florida Truck Accident?
Determining who’s at fault in a truck crash often isn’t straightforward. Unlike regular car accidents, there may be several parties responsible for the crash. Identifying all potentially liable parties is critical to pursuing the full compensation allowed under Florida law.
Multiple parties may share fault:
- The truck driver (fatigue, distraction, DUI)
- Trucking company (negligent hiring or training)
- Vehicle maintenance provider
- Cargo loaders
- Truck or tire manufacturer (if mechanical failure is involved)
Your attorney will investigate accident reports, logbooks, black box data, and personnel records to build a case against all responsible parties.
Proving Negligence in a Florida Truck Crash
Florida law requires injured victims to prove negligence before they can recover compensation in most truck accident claims. Negligence means someone failed to act with reasonable care, and that failure led to your injuries. Establishing this legally requires documentation, professional analysis, and a compelling legal strategy.
To recover compensation in a Florida truck accident case, a successful claim typically involves proving:
- The defendant owed you a duty of care
- They breached that duty (e.g., speeding, overloading, distracted driving)
- Their actions caused your injuries
- You suffered damages as a result
This requires physical evidence, expert testimony, and often technical analysis of the crash.
Legal Deadlines: How Long You Have to File a Claim
Time is not on your side after a truck accident. Florida’s statutes of limitations are strict, and missing a deadline can mean losing your right to pursue justice. Beyond court deadlines, many insurance companies also impose short notification windows that you must meet to protect your rights.
- Personal injury: 2 years from the date of the crash
- Wrongful death: 2 years from the date of death
- Property damage: Typically 4 years, but sooner notice is often required by insurers
Act fast to meet filing deadlines and preserve your right to compensation.
What Damages Can You Recover?
Truck accident victims in Florida may be eligible to recover several categories of damages. These include both economic damages, like medical bills and lost income, and non-economic damages such as pain and suffering. Understanding your potential compensation helps you evaluate the fairness of any settlement offer.
Truck accident victims in Florida may pursue compensation for:
- Medical expenses (past and future)
- Lost income and reduced earning capacity
- Pain and suffering
- Emotional distress and PTSD
- Property damage
- Funeral expenses (in fatal crashes)
Non-economic damages like pain and suffering are calculated based on injury severity, impact on daily life, and future quality of life.
Common Causes of Truck Accidents in Florida
Understanding why truck accidents happen is a vital part of assigning liability. Some causes are due to driver negligence, while others stem from mechanical issues or poor oversight by the trucking company. Your attorney will investigate thoroughly to identify every contributing factor to your crash.
Truck crashes in Florida often involve:
- Speeding and reckless lane changes
- Distracted driving (e.g., texting or using GPS)
- Driver fatigue and hours-of-service violations
- Poor vehicle maintenance
- Unsecured or overloaded cargo
- Hazardous road conditions, especially in storms or construction zones
Your lawyer will examine all these factors during the investigation.
Why You Need a Florida Truck Accident Lawyer Immediately
Hiring a lawyer as soon as possible after a truck crash is one of the most important steps you can take. Trucking companies begin investigating immediately, and their insurers often contact victims quickly to try and limit liability. A qualified attorney helps level the playing field and protects your best interests from day one.
A lawyer can:
- Preserve critical evidence
- Handle complex insurance negotiations
- Identify all liable parties
- Calculate full damages
- Prepare your case for trial if necessary
Most trucking companies act fast to protect themselves. You should, too.
Legal Tools Your Attorney May Use
Your attorney has access to powerful legal tools that can force negligent trucking companies to turn over key evidence. These tools are especially important when companies deny fault or withhold information. By applying pressure early, your lawyer builds a case strong enough to win in court or demand a fair settlement. Your lawyer might use any of the following tools:
- Depositions to question the driver and company reps under oath
- Interrogatories to obtain safety records and procedures
- Subpoenas for logbooks, phone data, dispatch communications
- Expert witnesses for accident reconstruction and medical analysis
- Private investigators to locate video evidence or conduct surveillance
The stronger the evidence, the stronger your case.
How Florida Courts Handle Truck Accident Lawsuits
Truck accident lawsuits in Florida are handled through either the state or federal court systems. The process involves several key stages, including pre-trial motions, discovery, mediation, and possibly trial. Understanding the litigation process helps set expectations and prepares you for the road ahead.
Truck crash cases may be filed in:
- State court if all parties are Florida-based
- Federal court for out-of-state defendants or large damages
Local rules vary by county. Judges often require early mediation and strict timelines for evidence disclosure.
Jury composition also matters. Jury verdicts and trial outcomes may vary by county and local procedural rules.
Additional Scenarios: What If the Truck Driver Was Unqualified or Under the Influence?
In some Florida truck accident cases, deeper investigation reveals the driver was not properly trained or licensed or was under the influence of drugs or alcohol at the time of the crash. These circumstances drastically increase the severity of the case and can lead to punitive damages.
Inexperienced or Unlicensed Drivers
Some trucking companies cut corners by hiring underqualified or unlicensed drivers. If the company failed to perform a proper background check or ignored a poor driving record, they may be directly liable for negligent hiring. Florida law requires all commercial drivers to have a valid CDL and pass periodic screenings.
Impaired Driving and Drug Testing Failures
Commercial truck drivers are subject to federal drug and alcohol testing rules. If a driver refuses to be tested or tests positive after a crash, it can significantly impact the liability case. A skilled lawyer can subpoena these records and identify violations.
Hours-of-Service Violations and Fatigue
Many truck crashes in Florida happen because the driver was too tired to react safely. Federal law limits how many hours a driver can operate before resting. Reviewing ELD data and dispatch logs can help prove fatigue played a role.
FAQs About Florida Truck Accidents
Victims often have important questions after a crash, especially when it involves a commercial vehicle. Getting clear, accurate answers helps you make smart decisions and avoid costly missteps. Below are answers to some of the most frequently asked questions we hear from truck accident victims in Florida.
What if I was partly at fault?
Florida uses modified comparative negligence. If you’re less than 51% at fault, you can still recover damages, reduced by your percentage of fault.
What if the truck driver fled the scene?
Your uninsured motorist (UM) coverage may apply. An attorney can help track down the driver using camera footage or witness reports.
Can I file a claim as a passenger?
Yes. Passengers often have strong cases since they rarely contribute to fault.
Can I sue for an overloaded truck?
Yes. If overloading contributed to the crash, cargo companies or loaders may be held liable.
How long does a case take?
Cases may resolve in 6–18 months. Complex litigation or trial can take longer.
Your Florida Truck Accident Recovery Starts Now
If you or someone you love has been hurt in a Florida truck crash, don’t wait to seek help. Trucking companies and their insurers move quickly to protect themselves, and you need a strong Florida personal injury lawyer doing the same for you. The sooner you act, the better your chances of recovering full compensation.
Frankl Kominsky Injury Lawyers help truck accident victims across Boynton Beach, Pompano Beach, and Port St. Lucie. We offer:
- Free case consultations
- No fees unless you win
- 24/7 availability
- Deep knowledge of Florida law and trucking regulations
Call Now:
- Boynton Beach: (561) 800-8000
- Pompano Beach: (954) 800-8000
- Port St. Lucie: (772) 800-8000
Our team will work to hold the appropriate parties accountable while you focus on your recovery.