Trucking Accidents

For crashes on or after March 24, 2023, Florida's statute of limitations for negligence claims is two years from the date of the crash. Crashes before that date generally keep the prior four-year window. Wrongful death claims carry their own two-year period, and claims against a government entity add pre-suit notice requirements and shorter deadlines. The evidence that decides a trucking case disappears far faster than any of these deadlines, so the practical window is measured in weeks, not years.

Rarely just the driver. Depending on the facts, responsible parties can include the motor carrier that employed or leased the driver, the owner of the tractor or trailer, the shipper or broker that arranged the load, a maintenance contractor, the company that loaded the cargo, and the manufacturer of a defective component. Federal leasing rules generally make the carrier whose name is on the truck answerable for the driver's conduct, and Florida's dangerous instrumentality doctrine can extend responsibility to the vehicle owner. Identifying every responsible party early is one of the main reasons the investigation matters.

Florida follows a modified comparative negligence rule. If you are found 50 percent or less at fault, your recovery is reduced by your share of fault. If you are found more than 50 percent at fault, you recover nothing. Trucking companies and their insurers know this, and shifting blame onto the injured driver is a standard defense strategy. Careful reconstruction and early evidence preservation are how that argument gets answered.

Electronic logging device data, engine control module data, dash-camera footage, driver qualification files, hours-of-service records, dispatch and communication logs, inspection and maintenance records, and post-crash drug and alcohol test results. Federal rules require carriers to keep some of these records for only six months, and others can be overwritten or lost far sooner. We send a preservation demand to the carrier and its insurer immediately and, when warranted, move for a court order to secure the vehicle and its data.

Not before you have counsel. Motor carriers and their insurers frequently have rapid-response teams at a crash scene within hours, and an adjuster's recorded statement is designed to lock in facts that limit the claim. You are not required to give one. Refer the call to your attorney and let the carrier communicate through counsel.

Trucking cases are handled on a contingency fee basis, with the terms set out in a written agreement before any work begins. The initial case review is free and carries no obligation, and we will explain how fees and case costs work before you decide anything.