Federal law caps a loaded tractor-trailer at 80,000 pounds on the Interstate System. That gap in mass is why a collision on I-95 or State Road 84 so often ends in catastrophic injury rather than a fender bender.
A Fort Lauderdale truck accident lawyer at Frankl Kominsky Injury Lawyers reviews these cases with an eye toward every party who might share responsibility, not just the driver behind the wheel.
Frankl Kominsky Injury Lawyers, "Never Settle For Less®," has recovered more than $250 million for injured clients across Florida. Call 561-800-8000 for a free consultation, available 24/7.
What Sets Frankl Kominsky Apart in Truck Accident Cases
A trucking company's insurer often has a rapid-response team on scene within hours of a serious crash, working to lock in a favorable version of events before an injured driver has retained legal counsel. We move just as fast, securing the truck's electronic logging data and inspection records before any of it can be lost or altered.
- Over $250 million recovered for injured clients statewide
- 60-plus years of combined litigation experience among our trial team
- Over 2,000 verified client reviews and a BBB A+ rating
- Recognition from Super Lawyers, the National Trial Lawyers Top 40 Under 40, and the Multi-Million Dollar Advocates Forum
- Coverage from CBS, NBC, the Palm Beach Post, the Sun Sentinel, and the Miami Herald
- Staff fluent in Spanish and Creole, with a full Spanish-language site
Results may vary. Prior case outcomes do not guarantee similar results.
Our four Florida offices, including Pompano Beach just north of Fort Lauderdale, support clients throughout Broward County and statewide. Call 561-800-8000 today for a free case review.
What Causes Commercial Truck Accidents in Fort Lauderdale?
Driver fatigue is one of the most common factors behind serious truck crashes, which is why federal hours-of-service rules exist at all. A driver pushed to meet a tight delivery window on I-95 or the Turnpike has slower reaction time well before the crash itself. Improperly secured or overloaded cargo can shift a truck's center of gravity unexpectedly, turning an ordinary curve on I-595 into a rollover in seconds.
Poor maintenance is another recurring cause, particularly worn brakes or tires that were not replaced on schedule. Blind spots around a tractor-trailer are larger than most drivers realize, and a lane change made without a full check of those areas can force a smaller vehicle off the road before the truck driver notices.
Who Can Be Held Liable in a Fort Lauderdale Truck Accident?
Trucking company liability in Florida often extends well past the driver named in the police report. The motor carrier, meaning the company that operates the truck and holds the federal operating authority, can be held responsible for what its drivers do on the job under a legal theory that makes an employer accountable for an employee's actions within the scope of employment.
A maintenance contractor who skipped a required inspection, a cargo loading company that packed a trailer unsafely, or a parts manufacturer whose defective component contributed to the crash can all become defendants. Federal trucking regulations, including hours-of-service and inspection rules under 49 C.F.R. Part 395, often provide the paper trail that shows which party fell short.
Identifying every liable party matters because one trucking company's policy sometimes will not cover a catastrophic injury. A cargo loader, a leasing company that owns the trailer, and a maintenance shop can each carry separate coverage. We pursue all of them, because a claim against only the driver leaves compensation unclaimed.
Call 561-800-8000 to have your crash reviewed at no cost.
What Makes a Semi Truck Accident Different From a Car Crash?
A semi truck accident attorney in Fort Lauderdale builds a case around evidence that a typical car crash claim never involves. A truck's electronic logging device records speed, braking, and hours driven in the period before a crash, and that data frequently differs from a driver's own account.
Federal weight and length limits, along with state rules such as Florida Statute 316.550 governing trailer dimensions, create additional standards a truck must meet that a passenger vehicle does not. A commercial truck crash lawyer in Fort Lauderdale also has to account for larger insurance policies and more experienced defense teams, since trucking companies carry significantly higher coverage limits than an individual driver.
Black box and dash cam data preserved quickly can settle disputes that would otherwise be one driver's word against another's. Trucking companies keep certain records only for a limited period, so we send a formal preservation request shortly after a crash.
When a Truck Crash Is Fatal
Some truck accidents prove fatal at the scene, while others end in a death that follows weeks later from the same crash. When a truck crash claims a life, Florida's Wrongful Death Act allows the personal representative of the estate to pursue a claim for the surviving family.
The personal representative is the person named in the will, or appointed by a probate court when there is no will, to act for the estate.
Damages in these cases can include funeral costs, the loss of the deceased's future earnings, and compensation for surviving family members' loss of companionship and support. Florida generally requires this type of claim to be filed within two years of the date of death, under Florida Statute 95.11(5)(e). Claims involving multiple corporate defendants and layered insurance coverage take longer to investigate, so the filing window is tighter than it sounds.
FAQs: Fort Lauderdale Truck Accident Lawyer
These questions come up often once a client understands the basics of a commercial truck claim.
Can I recover damages if I was partly at fault for the crash?
Often yes, under Florida's modified comparative negligence rule, which reduces a recovery by your own share of fault. Under Florida Statute 768.81(6), a party found greater than 50 percent at fault may not recover at all. At 50 percent or less, you still recover, reduced by that share.
Does the trucking company's insurance cover my damages, or just the driver's?
Trucking companies typically carry commercial insurance policies with far higher limits than a personal auto policy, and liability can extend to the company depending on the facts. A leasing company, a cargo loader, or a maintenance contractor may carry separate coverage as well. We identify every policy before valuing a claim.
How long do I have to file a truck accident lawsuit in Florida?
Florida generally requires a negligence lawsuit to be filed within two years of the date of the crash, under Florida Statute 95.11(5)(a). A claim involving a government vehicle requires written notice to the agency first. Evidence in a truck case disappears long before that deadline, so the practical timeline is much shorter.
What if the truck driver was an independent contractor rather than an employee?
Liability can still reach the trucking company in many cases, depending on how much control the company exercised over the driver. Federal regulations also hold a motor carrier responsible for vehicles operating under its authority, which is often the stronger route than arguing employment status.
Will my case go to trial?
Most truck accident claims settle before trial. We prepare every case as if it will be tried, because a case built for court is also a case built for a serious settlement conversation. If a fair offer does not come, we are ready to try it.
Call a Fort Lauderdale Truck Accident Attorney Today
Evidence in a truck accident case has a short shelf life. Electronic logging data can be overwritten and inspection records can go missing within days of a crash if no one moves to preserve them. At Frankl Kominsky Injury Lawyers, we have recovered more than $250 million for injured clients across Florida, backed by 60-plus years of combined trial experience.
Results may vary. Prior case outcomes do not guarantee similar results.
Call 561-800-8000, available 24/7, for a free consultation in English, Spanish, or Creole. Never Settle For Less®.