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When a commercial truck crash changes your life in a matter of seconds, the last thing you need is a trucking company and its insurer deciding what your injuries are worth. Frankl Kominsky Injury Lawyers represents people hurt in semi-truck, delivery truck, and commercial vehicle crashes in Palm Springs and throughout Palm Beach County.
Our Palm Springs truck accident lawyers investigate the crash, preserve the evidence that trucking companies control, and pursue every responsible party and policy. Consultations are free and available 24/7. Call 561-800-8000 to talk about your case today.
What to Do in the First 48 Hours After a Truck Crash
The first two days after a truck accident often shape the entire claim. Trucking companies frequently send investigators to the scene quickly, while the evidence that proves fault sits in their trucks and computer systems. When you partner with our team, our goal is to protect your claim while you protect your medical recovery.
These steps can make a real difference for your case:
- Get medical care right away, even if you feel okay, and follow every doctor’s orders.
- Report the crash to law enforcement and ask for the report number.
- Photograph the truck, trailer, company name, USDOT number, and license plates, plus the scene and your injuries.
- Collect contact information from witnesses before they leave.
- Decline to give a recorded statement to the trucking company or its insurer until you have spoken with a lawyer.
- Keep every bill, letter, and voicemail you receive about the crash.
- Call our truck accident lawyers so we can send a preservation letter while the evidence still exists.
These steps matter more in trucking collisions than in most crashes because a truck crash is handled differently than a passenger car accident.
Why Truck Accident Claims Are Different From Car Accident Claims
Truck accident claims involve federal safety rules, electronic records, and several layers of commercial insurance that ordinary car crashes do not. The trucking company also controls most of the evidence. That combination makes early action and a deeper investigation essential.
FMCSA Hours-of-Service and ELD Records
The Federal Motor Carrier Safety Administration limits how long truck drivers can drive and work. Under the FMCSA hours-of-service rules, most property-carrying drivers can drive no more than 11 hours after 10 consecutive hours off duty and cannot drive past the 14th hour after coming on duty.
Most trucks must record those hours on an electronic logging device, or ELD. ELD data, dispatch records, fuel receipts, and toll records can show whether a driver was fatigued or exceeded legal limits.
Layered Commercial Insurance Policies
A truck crash can involve several insurance policies at once. Federal law requires interstate motor carriers to carry minimum liability coverage, often at least $750,000 for general freight under 49 C.F.R. § 387.9. Brokers, shippers, maintenance contractors, and trailer owners may carry separate policies.
Identifying every policy matters, because serious injuries can exceed any single policy limit. Each insurer also has its own adjusters and defense lawyers working to limit what it pays.
The Black Box and the Spoliation Letter
Most commercial trucks have an event data recorder, often called a black box, that captures speed, braking, and throttle data around the time of a crash. That data, along with ELD logs and dash camera footage, may be overwritten or discarded under normal retention practices.
A spoliation letter, also called a preservation letter, formally notifies the trucking company that litigation is expected and that it must keep this evidence. Sending it quickly is one of the most important things a lawyer can do in the first days after a crash.
Who Can Be Held Liable for a Palm Springs Truck Accident?
Several companies, in addition to the driver, may share legal responsibility for a truck crash. Liability depends on who employed the driver, who arranged the load, who maintained the truck, and what caused the collision. Naming every responsible party can increase the insurance available to cover your losses.
| Party | How they may be responsible | Evidence that often matters |
|---|---|---|
| Truck driver | Speeding, distraction, fatigue, impairment, or unsafe lane changes | ELD logs, phone records, police reports, and witness statements |
| Motor carrier | Liable for an employee driver's conduct, plus negligent hiring, training, supervision, or pressure to break hours rules | Driver qualification file, dispatch records, and safety history |
| Freight broker | Selecting a carrier with a poor safety record, depending on how courts apply federal law | Broker-carrier agreements, carrier safety ratings |
| Shipper or loader | Overloading or improperly securing cargo | Bills of lading, weigh tickets, and loading records |
| Maintenance contractor | Faulty brake, tire, or lighting repairs or missed inspections | Maintenance and inspection records |
| Parts manufacturer | Defective brakes, tires, steering, or underride guards | Failed components, recall history, and engineering review |
Broker liability is an unsettled area of federal law, so whether a broker can be included depends on current court decisions. Our team evaluates each potential defendant early so no responsible party is overlooked.
Types of Truck Accidents We Handle in Palm Springs
We handle crashes involving tractor-trailers, box trucks, delivery vans, dump trucks, tankers, and other commercial vehicles. The type of crash often points to what went wrong and who may be responsible. Common truck accidents in Palm Springs include:
- Rear-end collisions: A loaded truck needs far more distance to stop, especially in stop-and-go traffic.
- Jackknife accidents: The trailer swings out at an angle, blocking several lanes.
- Underride crashes: A smaller vehicle slides beneath the side or rear of a trailer.
- Wide-turn crashes: A truck swings into an adjacent lane to complete a right turn at an intersection.
- Blind spot and sideswipe crashes: A truck merges into a vehicle that the driver could not see.
- Rollover accidents: Speed, sharp curves, or shifting cargo cause the truck to tip.
- Tire blowouts and cargo spills: Poor maintenance or improper loading sends debris into traffic.
Many Palm Springs truck crashes happen on the area's busiest freight routes, including I-95, Florida's Turnpike, Southern Blvd (SR 80), Congress Ave, and Military Trail. Where the crash happened can affect which agency investigates it and which records exist, such as interstate camera footage or commercial vehicle inspection reports.
If you were hurt in a truck crash on any of these roads, call Frankl Kominsky Injury Lawyers at 561-800-8000 for a free consultation. We are available 24/7.
How Florida's Comparative Negligence Rule Affects Your Claim
Florida uses a modified comparative negligence rule. Under Florida Statute § 768.81, if you are found more than 50% at fault for your own injuries, you cannot recover damages. If you are 50% or less at fault, your recovery is reduced by your share of fault.
Trucking insurers know this rule well. They often argue that the injured driver braked suddenly, changed lanes unsafely, or sat in the truck's blind spot. Strong evidence about the truck driver's conduct, hours, and maintenance records is the most effective answer to those arguments.
What Compensation Is Available After a Truck Accident?
Truck accident victims in Florida may recover compensation for both financial losses and personal harm. Because truck crashes so often cause severe injuries, damages frequently include long-term and future costs, not just bills already paid. The value of each claim depends on its specific facts.
Compensation in a truck accident claim may include:
- Medical expenses: Emergency care, surgery, hospitalization, therapy, and medication.
- Future life care costs: Ongoing treatment, in-home care, medical equipment, and home or vehicle modifications.
- Lost wages and earning capacity: Income you have lost and income you can no longer earn.
- Catastrophic injury damages: Losses tied to brain injuries, spinal cord injuries, amputations, and severe burns.
- Pain and suffering: Physical pain, mental anguish, and loss of enjoyment of life.
- Property damage: Repair or replacement of your vehicle.
Truck accidents are one part of the full range of injury claims we handle in Palm Springs.
Catastrophic Injuries and Wrongful Death
The size and weight of a loaded truck make life-altering injuries and deaths far more common than in car crashes. We also represent families who lost a loved one in a commercial truck crash with Wrongful Death claims.
Under Florida Statute § 768.21, surviving family members may recover lost support and services, loss of companionship, and mental pain and suffering, while the estate may recover medical and funeral expenses and lost earnings.
How Long Do I Have to File a Truck Accident Lawsuit in Florida?
Under the Florida statute of limitations, most truck accident injury lawsuits must be filed within two years of the crash. Wrongful death claims also generally must be filed within two years of the date of death. Missing the deadline usually ends your right to recover compensation from the responsible parties.
Truck accident lawsuits arising in Palm Springs are typically filed in the 15th Judicial Circuit, the state court for Palm Beach County, with its main courthouse in West Palm Beach. Building a case against a trucking company takes time, so contacting our team early helps preserve evidence, meet deadlines, and protect your legal rights.
Why Palm Springs Families Choose Frankl Kominsky Injury Lawyers
Frankl Kominsky Injury Lawyers has recovered over $250 million for clients, including a $6.5 million settlement in a truck accident, the largest among our recent results. Our clients have left more than 2,000 verified reviews, and our firm holds an A+ rating from the Better Business Bureau.
Insurance companies have teams of adjusters and defense lawyers working to pay as little as possible. We bring 60+ years of combined injury law experience to the other side of that table. Past results do not predict future outcomes, and every case depends on its own facts.
Founding partner Steven L. Frankl has been recognized among the National Trial Lawyers Top 40 Under 40 and as a Florida Rising Star by Super Lawyers. Our Boynton Beach office is a short drive from Palm Springs, and our team speaks English, Spanish, and Creole.
FAQs About Palm Springs Truck Accident Claims
Do I need a lawyer after a truck accident in Palm Springs, Florida?
A lawyer is not required, but truck accident claims involve federal regulations, multiple insurers, and evidence controlled by the trucking company. A truck accident lawyer can send a preservation letter, identify every liable party, and handle negotiations with commercial insurers while you focus on recovering.
How much does a truck accident lawyer cost in Florida?
Frankl Kominsky Injury Lawyers handles truck accident cases on a contingency fee basis, which means there is no fee unless we recover compensation for you. Your first consultation is free, and you can reach our team 24/7.
How long does a truck accident case take in Florida?
Some truck accident claims settle within several months, while cases involving catastrophic injuries or disputed fault can take a year or more. The timeline depends on the severity of injuries, the number of parties involved, and whether the case goes to trial.
Can I still recover if the trucking company says I was partly at fault?
Yes, as long as you were 50% or less at fault. Florida reduces your compensation by your percentage of fault, but a fault argument from the trucking company is not a final finding. Evidence such as ELD data and black box records often tells a different story.
What if the truck driver was an independent contractor?
You may still have a claim against the motor carrier. Federal rules may hold the carrier whose operating authority the truck is operating under responsible for safety compliance, and the carrier's insurance can apply. Lease agreements and dispatch records usually decide this question.
Never Settle For Less ® After a Palm Springs Truck Crash
The trucking company started building its legal defense the day of the crash. You can start building your case today, with a team that knows how commercial carriers and their insurers operate.
Call Frankl Kominsky Injury Lawyers at 561-800-8000 for a free consultation, available 24/7. We are ready to listen and explain your options.
