Any truck with a gross vehicle weight rating over 10,000 pounds is considered a large truck. If it’s used for business purposes, such as hauling goods or passengers, it’s considered a commercial vehicle. Large trucks can include single-unit or straight trucks, often referred to as box trucks, and combination trucks or tractor-trailers, frequently called semi-trucks, big rigs or 18-wheelers.
Semi-trucks and tractor-trailers, large box trucks and buses have the potential to cause significant damage to both people and property in an accident due to their massive size and weight. As a result, the claims process for large truck accidents can be complicated, lengthy and at times, tedious, making it essential to have a Florin|Roebig semi-truck accident lawyer in your corner.
Keep reading to learn more about:
- Liable parties in semi-truck accidents
- Florida truck accident statistics
- Causes of FL commercial truck crashes
- Types of tractor-trailer wrecks in Florida
- Large truck accident claims process
- State laws on truck accident claims
- Fault, liability and negligence
- Common injuries in truck accidents
- Legal options and how we can help
Who Are the Defendants in Florida Truck Accident Claims?
In many truck accident cases, the trucker is named as the defendant and, therefore, is considered liable for the accident. However, liability in a commercial truck accident could extend beyond the truck driver.
Additional parties who could be held liable in a Florida semi-truck accident include:
- The employer of the driver or client (the trucking company)
- The owner of the truck
- The manufacturer of the truck (especially if the crash was the result of a defective part)
- The business or third-party contractor responsible for the cargo
2024 Florida Semi-Truck Accidents Statistics
Preliminary data from the United States Department of Transportation (USDOT) Federal Motor Carrier Safety Administration (FMCSA) Motor Carrier Management Information System (MCMIS) for 2024 indicates 10,178 vehicles were in crashes involving commercial vehicles, which can include both large trucks and buses in accidents in Florida. While this number is subject to change as it’s finalized, it’s slightly below the previous year’s total.
The following are additional bus and semi-truck accident statistics for Florida in 2024:
- 9,674 total of all crashes
- 9,409 non-fatal semi-truck or bus wrecks, with 9,890 vehicles involved
- 265 fatal bus or truck crashes, with 288 vehicles involved
- 5,307 injuries during accidents with a semi-truck or bus
- 292 deaths due to accidents with large trucks or buses
However, according to Florida Highway Safety and Motor Vehicles’ annual crash report for 2023, statewide commercial vehicle crashes totaled 47,197. This number includes any vehicle over 10,000 pounds, including buses and medium/heavy trucks, or any vehicle marked as a commercial vehicle on the crash report. Among these crashes, 12,394 injuries and 330 fatalities occurred.
Between 2018 and 2022, Florida ranked third in having the largest number of fatal semi-truck crashes, following Texas and California, based on information from the National Highway Traffic Safety Administration (NHTSA), Fatality Analysis Reporting System (FARS).
Top 3 Reasons for Commercial Truck Accidents in Florida
There are many reasons why commercial truck accidents occur in Florida. Commonly received violations may explain some behaviors and mechanical issues that could lead to big rig accidents. For example, the FMSCA listed 66,842 violations related to failure to obey traffic control devices, such as stop lights or signs, and 140,867 speeding violations with speeds between 1 and 15-plus miles over the posted speed limit.
The following are three of the top reasons for commercial truck accidents in Florida and nationwide:
- Driving Overloaded: Overloaded trailers put excessive pressure on the braking and steering systems, making it harder to control the vehicle. Overloading can also impact stability, making vehicles more prone to tipping or jackknifing, especially when speeding. Overloaded trailers can also cause blowouts, brake failure and other mechanical problems, potentially triggering a catastrophic injury accident.
- Commercial Truck Malfunctions: Malfunctions of critical components on extremely large vehicles traveling at highway speeds are a leading cause of trucking accidents. The massive size and weight of big rigs put a significant strain on vital mechanical parts, including tires, brakes and the steering system. A blown tire, defective brakes or worn steering can all lead to a severe crash, especially at high speeds.
- Distracted Truck Driving: There are many ways a truck driver can be dangerously distracted on the road, including dialing a cell phone, texting while driving, eating, drinking or adjusting the radio. Using a hand-held phone, whether talking or texting, was cited 18,360 times as a driver violation in 2023 by the FMSCA.
However, a report by FMCSA indicates that driver error is responsible for 87% of trucking accidents nationwide, compared to just 10% due to vehicle issues and 3% for environmental reasons. Furthermore, FMCSA reported 245,871 violations related to hours of service or logbooks in 2023, such as falsifying logs, not keeping logs current or missing logbooks.
When logs aren’t accurate, drivers might not be following hours of service rules, meaning they’re driving longer than they should and not getting enough rest. Not getting enough rest puts commercial truck drivers at risk of having an accident due to fatigue.
Types of Semi-Truck Accidents in Florida
The NHTSA reported that 73% of truck crashes in 2022 nationwide were with other moving vehicles, including smaller passenger vehicles and other large trucks. Collisions with fixed objects, parked vehicles, pedalcycles, pedestrians, trains, animals and other objects resulted in a combined total of nearly 22%. Less than 0.5% of accidents were caused by a fire or explosion, shifting or lost cargo, or pavement irregularities.
Due to a commercial truck’s size and weight, several types of truck collisions can occur in Florida and have the potential to be devastating.
Override Truck Accident
An override accident occurs when a semi-truck rear-ends a smaller vehicle in front of it. Because the height of commercial trucks can be much higher than that of regular passenger vehicles, semi-trucks may actually drive over the back of a smaller car, causing a car accident. These accidents often occur because the semi-truck can’t stop in time, and the massive weight of the larger vehicle often causes smaller vehicles to be crushed or sheared, causing significant injuries or death.
Underride Truck Accident
These accidents are the exact opposite of an override accident. An underride truck accident happens when the driver of a smaller vehicle either rear-ends the back of a tractor-trailer and slides under it or slides beneath the side of the truck due to the vehicle’s larger size. These accidents generally result in severe injuries or fatalities because going under the truck often bypasses safety features on a passenger vehicle, such as airbags and crumple zones, leading to penetration into the interior of the smaller vehicle.
Rollover Truck Accident
Big rigs with tall trailers can tip when drivers make turns at too-high speeds. Other reasons rollover truck accidents can happen include weather conditions such as strong winds, driver error, shifting cargo or mechanical error. When a rollover occurs, the vehicle may roll multiple times and land on its side or top. These accidents are among the most likely to cause serious injury or death to a semi-truck driver.
Jackknife Truck Accident
This type of commercial vehicle accident occurs when a semi-truck jackknifes, meaning the tractor-trailer attachment comes loose or fails, causing the trailer to swing out perpendicular to the tractor (front part of the truck) to form a “V” shape similar to a folding pocketknife. A jackknife truck accident is dangerous because the tractor swings uncontrollably, potentially entering multiple lanes of traffic and causing numerous other vehicles to wreck into it or each other.
Runaway Truck Accident
When a trucker loses the capability to stop or slow the semi-truck, the weight of the big rig can push the truck to reach high speeds. Runaways can be extremely dangerous, especially going downhill, because the vehicle speeds up even faster. Because the driver has no control over the vehicle, it could hit anything in its path, and it could result in a jackknife or rollover truck accident. Runaways typically occur when a large truck is traveling downhill and experiences brake failure.
Why Expert Legal Representation Is Crucial
If you’ve been in an accident with an 18-wheeler or other large commercial vehicle, hiring a truck accident attorney in Florida to help you collect damages for your claim benefits you in many ways. Truck accident cases are more complex than typical car crashes due to unique regulations, specialized evidence, the potential for multiple liable parties and aggressive insurance tactics. The experienced truck accident lawyers at Florin|Roebig are highly knowledgeable about trucking accident claims and ready to protect your rights.
Evidence is crucial in truck crashes and it can disappear quickly. Trucking companies often deploy rapid response teams when accidents occur to minimize the companies’ liability. Insurance companies may also send out teams of investigators and lawyers immediately.
While you’re focused on medical treatment and recovery, insurance companies are already building a defense to minimize your compensation, making early legal representation essential.
Florin|Roebig can expertly gather evidence like driver’s logs/hours of operation and maintenance records, identify all responsible parties, use expert witnesses to reconstruct the accident and determine fault. Our legal team can also effectively negotiate or litigate against powerful insurance companies to secure the maximum compensation for the victim’s substantial losses.
The Truck Accident Claim-Filing Process
Semi-truck accident claims are especially challenging due to the possibility of multiple responsible parties and commercial insurance policies. Besides the driver, liability could extend to the trucking company, cargo loaders, truck maintenance personnel and manufacturers of critical components on the truck. Each of these parties usually has separate insurance policies and insurance adjusters trying to save their company money, further complicating compensation.
Filing a truck accident claim involves several critical steps that can significantly impact your compensation. Here’s what you need to know:
- Document the scene thoroughly: Once you know everyone is safe and not seriously injured or needs help, and if you’re physically able, take extensive photos and videos of all vehicles, damage, road conditions, traffic signals, skid marks and visible injuries at the accident scene. Gather contact information for all parties involved and potential witnesses.
- Seek medical attention: If you don’t go to the hospital immediately following the accident, see a doctor as soon as possible, even for seemingly minor injuries. Some injuries become worse over time, or you may not initially notice an injury due to adrenaline following the accident. Furthermore, Florida’s 14-day accident law means that if you don’t see a doctor within 14 days of the accident, you can’t file a claim.
- Obtain the police report: Request a copy of the official police report from the officer who responded to the accident. This report provides crucial documentation of the accident circumstances and preliminary fault assessment.
- Preserve all evidence: Keep medical records, repair estimates and any accident-related documentation. Don’t repair your vehicle until insurance adjusters have inspected it.
- Review your insurance policy: Understand your coverage limits, deductibles and what types of damages are covered, including medical payments and uninsured motorist protection.
- Contact a specialized truck accident attorney at Florin|Roebig: Given the complexity of federal trucking regulations, multiple insurance policies and potential defendants, legal representation is essential before speaking with insurance adjusters.
- Notify your insurance company: Report the accident promptly but avoid giving detailed recorded statements until you’ve consulted with your attorney.
The Claims Investigation: Insurance adjusters from multiple companies may investigate, examining the accident scene, vehicles, driver logs, maintenance records and company safety practices. They’ll also review medical records and may request statements.
The claims process can take months to years, depending on injury severity and case complexity.
Florida Laws for Semi-Truck Accident Cases
Two of the most important laws for semi-truck accident cases in Florida are the statute of limitations for personal injury claims and determining fault.
Statute of Limitations in Florida
The statute of limitations refers to the length of time you have to bring your claim against the at-fault party. For personal injury claims in Florida, you have 2 years for incidents that occurred on or after March 24, 2023, or two years from the time you discovered an injury caused by the accident. However, you have 4 years if the incident occurred before this date. Either way, evidence preservation and witness availability make prompt action critical.
Fault in Florida Semi-Truck Accident Cases
As of March 2023, Florida became a modified comparative negligence state. Under this rule, if you’re found to be more than 50% at fault for the accident, you’re barred from recovering any damages. However, if you’re less than 50% at-fault, you can seek damages, but your percentage of fault reduces your compensation. For example, if you’re found to be 30% at fault and you’re awarded $100,000 in compensation, your payment will be reduced by $30,000.
Some factors that affect fault in trucking accidents include:
- If the truck driver at fault was negligent
- If the truck driver was under the influence of drugs or alcohol
- If the road conditions were dangerous
- What the weather conditions were like
- Whether the truck malfunctioned due to a manufacturing error
Also, Florida is a no-fault state, meaning you must have a personal injury protection (PIP) policy. PIP covers 80% of expenses for all necessary medical care, up to $10,000, provided you received your initial medical treatment within 14 days of the truck accident. It also covers up to 60% of lost wages due to disability and replacement services to perform household tasks that you can no longer perform due to your injury. However, these payouts also can’t exceed the $10,000 maximum benefit.
Liability in Semi-Truck Accidents
Although someone can be at fault for the semi-truck accident, they may not be considered liable or legally responsible for paying damages. For example, if a semi-truck’s brakes malfunctioned due to a manufacturing error that prevented the big rig from braking the way it should, the trucker would be at fault but likely not liable for the accident. Instead, the brake manufacturer may be considered strictly liable for the collision.
If you’ve been in an accident with a semi-truck and you’re trying to determine fault and liability, contact Florin|Roebig today for assistance.
Common Florida Truck Accident Injuries
As with any auto accident, injuries from trucking accidents can be minor or severe. However, large truck accidents are more likely to cause severe or debilitating injuries than accidents involving passenger vehicles only. According to data from the FMCSA, the number of truck accident injuries is increasing.
Examples of injuries from a truck crash include:
- Broken bones
- Spinal cord injuries
- Disfigurement or scarring
- Traumatic brain injuries
- Severed limbs
- Burns or lacerations
- Other fatal injuries
Ways a Truck Accident Can Impact Your Life
Semi-truck accidents have far-reaching consequences that extend beyond the direct aftermath of a serious collision. Severe injuries can cause extensive medical expenses.
Other ways an accident can affect your life include:
- Losing your job
- The potential for lost income
- Losing your transportation method
- Losing your independence
- Ongoing pain and suffering
- Potentially developing post-traumatic stress disorder (PTSD)
- Loss of your partner or companionship
- Having to make changes to your living space or vehicles/method of transportation to accommodate severe or permanent injuries
How Florin|Roebig Can Help with Your Truck Accident Claim
Specialized Truck Accident Expertise
Truck accident cases require attorneys who understand the complexities of federal trucking regulations, Hours of Service rules and commercial vehicle safety standards. Florin|Roebig’s truck accident lawyers possess extensive knowledge of FMCSA regulations and how violations contribute to crashes. They know how to analyze driver logbooks, maintenance records and electronic logging device data to uncover critical evidence that general practice attorneys might miss.
Comprehensive Investigation and Evidence Gathering
Our team works with accident reconstruction experts, trucking industry specialists and medical professionals to build compelling cases. We examine black box data, GPS tracking systems and fleet management records to determine if driver fatigue, improper loading, mechanical failures or company negligence contributed to your accident. This thorough approach often reveals multiple liable parties and maximizes your compensation potential.
Navigating Complex Commercial Insurance
Trucking companies typically carry substantial commercial insurance policies, but their insurers use aggressive tactics to minimize payouts. Florin|Roebig’s attorneys understand these high-stakes negotiations and aren’t intimidated by corporate legal teams. We know how to counter lowball settlement offers and present evidence that compels fair compensation for medical expenses, lost wages, pain and suffering, and future care needs.
Proven Results in High-Value Cases
Our track record in truck accident cases demonstrates our ability to secure significant settlements and verdicts. We understand the severe, potentially life-changing injuries that truck accidents cause and fight to ensure our clients receive compensation that reflects the full impact on their lives and families.
No Upfront Costs
We handle truck accident cases on a contingency fee basis, meaning you pay nothing unless we win your case. Without upfront costs, you can access top-tier legal representation without financial stress while you focus on recovery.
Our Featured Case Results
FAQs About Florida Truck Accidents and Truck Accident Lawyers
How long do I have to file a truck accident lawsuit in Florida?
In Florida, you have two years from the date of the truck accident or discovery of an injury from this accident to file a personal injury lawsuit. This statute of limitations was reduced from four years to two years in March 2023 and applies to all accidents occurring on or after March 24, 2023. Missing this deadline can result in losing your right to seek compensation entirely.
Can I still recover compensation if I was partially at fault for the truck accident in Florida?
Under Florida’s modified comparative negligence law, you can recover compensation only if you were 50% or less at fault for the accident. Your percentage of fault will reduce your compensation, so if you were 20% at fault, you would receive 80% of your total damages.
Who can be held liable for a Florida truck accident?
Multiple parties may be liable for a Florida truck accident, including the truck driver, trucking company, cargo loading companies, truck manufacturers, parts manufacturers and maintenance companies. Florida’s comparative negligence law recognizes that more than one party may be responsible for a trucking accident and attaches the appropriate percentage of fault to each party, which could include you.
What should I do immediately after a truck accident in Florida?
Call 911 to report the accident and request medical assistance, document the scene with photos and witness information, seek medical attention even for minor injuries and notify your insurance company of the accident. Always avoid admitting fault, as this can impact your ability to recover under Florida’s comparative negligence rules. Contact an expert truck accident attorney at Florin|Roebig before giving recorded statements to insurance companies.
Do I need a specialized truck accident lawyer in Florida?
Yes, Florida truck accident cases involve complex federal trucking regulations, state-specific negligence laws and commercial insurance policies. An experienced Florida truck accident attorney understands the state’s modified comparative negligence system, the two-year statute of limitations and how to maximize compensation while dealing with multiple parties that are liable for the accident and their insurance companies.
How much compensation can I recover from a truck accident in Florida?
The actual amount of your compensation in a Florida truck accident depends on injury severity, liability determination and insurance policy limits of multiple parties. However, compensation may include money for car repairs or replacement, medical expenses, lost wages, pain and suffering and other financial expenses and personal losses resulting from the crash.
List of Florida Truck Accident Lawyers Near You
If you or a loved one is a truck accident victim and you’re ready to file a claim, request a free case evaluation from an experienced Florida truck accident injury attorney at Florin|Roebig. Our personal injury law firm offers free consultations for residents throughout the state of Florida.
A few areas in Florida served by our experienced semi-truck accident lawyers include:
For every year since the inception of the honor in 2010, Florin|Roebig has been selected as one of the “Best Law Firms in America” by U.S. News and World Report and “Best Lawyers in America.”
At Florin|Roebig, we have a team of capable, experienced personal injury attorneys, including:
- Wil H. Florin, B.C.S.
- Tommy D. Roebig, B.C.S.
- Neil P. O’Brien, M.B.A.
- Shaun M. Cummings
- Luca G. Esposito
- Chad K. Florin, M.B.A., LL.M.
- John J. Hart
- Parker Y. Florin, LL.M.
- Taylor D. Roebig
- Michael A. Ossi, O.C.
- Lawrence J. Najem, O.C.
- Nollys R. Solarte, O.C.
With over 40 years of experience, our law firm has successfully won over $1 billion in settlements from personal injury cases by providing our clients with high-quality legal representation.
We Are Nationally Awarded Lawyers
Contact Florin|Roebig To File a Florida Truck Accident Claim Today
At Florin|Roebig, our top-rated personal injury lawyers can assist you through the often-complicated claims process following a semi-truck accident in Florida. It’s crucial to hire a law firm that’s knowledgeable and experienced with federal regulations and Florida truck accident laws to increase the success of your claim.
Ready to start your Florida truck accident claim? Contact the law offices of Florin|Roebig to schedule a free case consultation and evaluation.
