5.0 of 2,000+ Reviews on Google
Construction is reshaping Palm Bay, and the dump trucks, flatbeds, and delivery rigs that come with it now share Malabar Road, Babcock Street, and I-95 with families heading to work and school. When a commercial truck injures you or someone you love, Frankl Kominsky Injury Lawyers can take on the trucking company and its insurer. Meeting with our Palm Bay truck accident attorneys costs nothing, day or night, and we collect a fee only from a successful recovery.
The company behind the truck has a defense plan from day one. Call 561-800-8000 so you have a plan, too.
How Trucking Insurers Work Against Injured Drivers
Trucking insurers use a handful of predictable tactics to pay injured people less, and most of them work on someone who is still hurting and does not have a lawyer. Knowing how trucking companies defend these cases is a big part of how we counter them.
The table below shows common insurer tactics and how our firm responds.
| What the insurer does | Why it works on unrepresented people | How we respond |
|---|---|---|
| Calls within days asking for a recorded statement | Injured people often guess at speeds and distances or downplay pain | We handle all communication so nothing you say is used out of context |
| Makes a fast settlement offer | Medical bills are arriving and the offer feels like relief | We wait until the full extent of your injuries is known before valuing the claim |
| Asks you to sign a broad medical authorization | It opens your entire medical history to review | We provide the records that relate to the crash and nothing more |
| Blames another driver or a road condition | You have no access to the truck's data to prove otherwise | We demand the logs, engine data, and video that show what the truck was doing |
| Points to a low policy limit as the most it can pay | You may not know other companies or policies are involved | We look for every responsible party and every available policy |
Each of these tactics depends on the injured person acting quickly and alone. Once you hire us, the insurer deals with a firm that has seen these moves before.
Where Do Truck Crashes Happen in Palm Bay?
Truck crashes in Palm Bay often happen where heavy vehicles leave the interstate and enter fast-growing neighborhoods and commercial areas. The location tells us which agency investigated, whether traffic or business cameras may have footage, and which companies regularly send trucks through.
I-95 at Malabar Road
The Malabar Road interchange funnels freight and construction traffic into the heart of the city. Trucks exiting the highway and merging onto a busy commercial road create risks for drivers waiting at signals and turning into nearby businesses.
Palm Bay Road and Babcock Street
Retail centers, gas stations, and offices line these roads, drawing box trucks and delivery vans throughout the day. Wide right turns and trucks stopping in travel lanes lead to sideswipes and rear-end crashes.
St. Johns Heritage Parkway
The parkway and its newer I-95 interchange serve the developing southwest side of the city. Construction vehicles entering and leaving job sites often share the road with residents who are still adjusting to new traffic patterns.
Minton Road and Emerson Drive
These residential corridors carry school traffic, neighborhood commuters, and work trucks heading to building sites. Loose gravel, unsecured loads, and trucks pulling out from side streets cause serious crashes here.
Who Can Be Responsible for a Palm Bay Truck Crash?
More than one company can share responsibility for a Palm Bay truck crash, and finding each one is often what makes enough insurance available to cover a serious injury. Truck accidents rarely trace back to one mistake by one person.
The Driver and the Motor Carrier
A driver who speeds, follows too closely, or ignores the federal hours-of-service rules can cause a crash, and the company that employs the driver is usually responsible for on-the-job conduct. Evidence of driver fatigue often comes from comparing electronic logs with fuel, toll, and delivery records.
The Company That Loaded the Cargo
A trailer that is overloaded or loaded unevenly can tip, sway, or lose braking power. Florida requires loads to be secured under section 316.520, and the shipper or loading company may share responsibility when its crew loaded the truck.
Maintenance Providers
Many carriers hire outside shops to service brakes, tires, and lights. When a repair shop's poor work leads to a crash, that shop and its insurer may also be responsible.
Construction and Hauling Contractors
On construction projects, the general contractor, the hauling subcontractor, and the driver may each play a role. Contracts between those companies can affect who pays and in what order.
What Can a Palm Bay Truck Accident Claim Include?
A truck accident claim in Palm Bay can include both the money you have already lost and the costs you will face in the months and years ahead. How compensation is calculated in a truck accident case depends on medical proof, work history, and the long-term effect of the injuries.
Losses a claim may cover include:
- Hospital care, surgery, and rehabilitation
- Future medical treatment and in-home help
- Lost wages and reduced ability to work
- Pain, emotional distress, and the loss of activities you enjoy
- Repair or replacement of your vehicle
Some injuries, such as Traumatic Brain Injuries (TBI), can cause symptoms that appear or worsen long after the crash. We work with your doctors to document those long-term effects before a claim is valued.
What Happens After You Call Our Palm Bay Office?
Calling our Palm Bay office starts a process designed to take the paperwork, phone calls, and deadlines off your plate. Most people have never dealt with a commercial insurer before, and the early decisions in a truck case carry a lot of weight.
The First Conversation
We listen to what happened, review any photos, reports, or insurance letters you have, and explain how Florida law applies to your situation. There is no cost for this meeting and no obligation to hire us.
Locking Down the Evidence
If you decide to move forward, we send preservation demands to the carrier and any other companies involved. That protects driving logs, engine data, dash camera footage, and maintenance files that might otherwise be lost.
Following Your Recovery
While you focus on treatment, we track your medical records, bills, and missed work. Waiting until your doctors understand your long-term outlook keeps the claim from being valued too early.
Resolving the Claim
When the evidence and medical picture are complete, we present a demand to the insurer and negotiate. If the insurer refuses to be reasonable, we are prepared to file suit in Brevard County.
When the Trucking Company Blames You
Under section 768.81(6), a jury's fault percentage comes straight off the top of your award, and a share above 50% leaves nothing at all. Trucking insurers know this, so they often look for any reason to put part of the blame on the other driver.
A Malabar Road Example
Suppose a dump truck turns across your lane near the Malabar Road interchange, and a jury values your damages at $300,000. Charging you with 15% of the blame for braking late leaves $255,000, and the evidence we gather is aimed at keeping that percentage down.
Brevard County Courts and Agencies
The Palm Bay Police Department investigates most crashes inside the city, the Brevard County Sheriff's Office covers unincorporated areas, and the Florida Highway Patrol's Troop D handles many interstate crashes. Larger injury lawsuits from Palm Bay are typically filed in Brevard County Circuit Court, part of the 18th Judicial Circuit.
The Filing Deadline
For crashes on or after March 24, 2023, section 95.11(5)(a) generally allows two years to bring a negligence lawsuit. A crash involving a government truck adds notice requirements, and other exceptions can affect timing, so the deadline for your claim should be confirmed early.
Recoveries in Our Published Results
Hand, back, and shoulder injuries appear throughout our firm's published recoveries, including:
- $625,000 for a hand injury
- $310,000 for a lumbar injury
- $207,000 for a shoulder injury
- $120,000 for a shoulder injury
Every recovery reflects a different crash, a different set of injuries, and different insurance, so these results cannot predict the outcome of your claim.
Why Palm Bay Residents Choose Frankl Kominsky
Palm Bay residents choose Frankl Kominsky Injury Lawyers because they can sit down with our team close to home while a firm with statewide reach goes after the trucking company. You will find us at 2550 Palm Bay Road NE, Suite 212, close to Malabar Road, Babcock Street, and the interstate.
Here is what we bring to your case:
- A lawyer who leads your claim personally and keeps you informed
- Over $250 million recovered for injured clients
- 60+ years of combined injury law experience
- More than 2,000 verified client reviews and a BBB A+ rating
- Membership in the Multi-Million Dollar Advocates Forum
- Staff fluent in Spanish and Creole
We also help Brevard County families with car crashes, falls, and other claims through our Palm Bay personal injury practice. Call 561-800-8000 to schedule your free consultation in Palm Bay or by phone.
Palm Bay Truck Accident Questions
Can I still recover if I wasn't wearing a seat belt?
Yes, you can still recover in Florida, but under section 316.614 the trucking company may argue that not wearing a seat belt is evidence of comparative negligence. The argument usually focuses on whether a belt would have reduced your specific injuries, which often requires medical and engineering testimony.
What if a truck's wide turn caused my crash without touching my car?
A truck driver who swings wide into your lane and forces you off the road or into another vehicle can still be responsible in Florida, even with no contact. Dash camera footage, witness statements, and the truck's turn path help prove what happened.
Do I have to give the trucking insurer my medical records?
You generally do not have to sign a blanket authorization that gives an insurer your entire medical history. Records related to the crash injuries are usually shared during the claim, and the scope of what an insurer can see is something your lawyer can control.
Can I undo a release I already signed for the trucking company's insurer?
Undoing a signed release in Florida is difficult and usually requires showing something like fraud or a serious mistake. Before signing any document from an insurer, have a lawyer review it, since a release can end your right to recover for injuries that appear later.
Can I recover if a truck hit my parked car or my home?
Yes, the owner of a parked car, fence, or building damaged by a truck in Palm Bay can generally bring a property damage claim against the driver and the company responsible. If someone was inside or nearby and was injured, they may also have an injury claim.
Your Recovery, Our Fight
The trucking company wants this claim closed quickly and cheaply. You need time to heal and a clear picture of what the crash will cost you over the long run.
Frankl Kominsky Injury Lawyers gives you that time by taking on the insurer from our Palm Bay office. We're available 24/7 at 561-800-8000 to set up a free review of your Palm Bay truck crash.
