A collision with a commercial truck isn't handled the same way as a crash between two passenger vehicles. Trucking companies carry far larger insurance policies, multiple parties can share liability, and critical evidence like black box data and driver logs can be overwritten or discarded within days or weeks unless it's legally preserved.
If you've been hurt in a truck accident in Flagler County, we act quickly by sending preservation letters immediately and investigating every liable party from the driver to the motor carrier. Attorney Jeffrey Green spent 15 years defending insurance companies before spending the last 21 representing injured people exclusively, giving him a clear view of the tactics carriers use against injured claimants.
We are the local law firm providing a Personal Approach with Professional Results.
Why Truck Accident Claims Are Different
A car accident claim usually involves two drivers and two insurance policies. A truck accident can involve several parties who may share responsibility:
- The driver, if they were speeding, fatigued, distracted, or otherwise negligent.
- The motor carrier, if it hired or kept an unqualified driver, pushed unsafe schedules, or skipped required maintenance.
- The owner or lessor of the truck or trailer, depending on how the equipment was leased and maintained.
- A cargo loading company, if improperly secured freight contributed to the crash.
- A maintenance contractor or parts manufacturer, in cases involving brake, tire, or other equipment failure.
Federal Rules That Apply to Commercial Trucks
Interstate trucking is regulated by the Federal Motor Carrier Safety Administration (FMCSA). These rules do not apply to ordinary drivers, and a violation can become important evidence in a claim:
- Hours of service. Property-carrying drivers are generally limited to 11 hours of driving after 10 consecutive hours off duty, and may not drive beyond the 14th hour after coming on duty.
- Drug and alcohol testing. Commercial driver's license holders are subject to pre-employment, random, and post-accident testing requirements.
- Driver qualification. Carriers must keep qualification files showing a driver's license, medical certification, and driving record.
- Inspection and maintenance. Carriers must systematically inspect, repair, and maintain their vehicles and keep records of that work.
- Insurance. For-hire carriers hauling general freight across state lines in vehicles over 10,000 pounds must carry at least $750,000 in liability coverage, and higher minimums apply to some hazardous materials.
Why Acting Quickly Matters
Some of the most important evidence in a truck accident case does not last. Carriers are only required to keep drivers' hours-of-service records for six months, and electronic data from a truck's engine control module, electronic logging device, or dashcam can be overwritten much sooner. A preservation letter, sometimes called a spoliation letter, puts the carrier on legal notice that this evidence must be kept.
Florida's deadline to file most negligence claims arising after March 24, 2023 is two years from the date of the injury, so it pays to start early.
How We Handle a Truck Accident Claim
1. Preserve the evidence
As soon as we are retained, we send preservation letters to the carrier and its insurer covering driver logs, electronic data, maintenance records, and available footage.
2. Identify every responsible party
We look beyond the driver to the motor carrier, the equipment owner, the cargo loader, and any maintenance provider whose actions may have contributed to the crash.
3. Build and pursue the claim
We gather the crash report, medical records, and the carrier's federal compliance records, then pursue the claim through negotiation or, when needed, in court.
Frequently Asked Questions
Who can be held liable for a truck accident in Florida?
Liability can extend beyond the driver to the trucking company, the owner of the truck or trailer, a cargo loading company, a maintenance contractor, or a parts manufacturer, depending on what caused the crash.
How much insurance do commercial trucks carry?
Federal minimums depend on the type of carrier and cargo. For-hire carriers hauling general freight across state lines in vehicles over 10,000 pounds must carry at least $750,000, which is far more than a typical personal auto policy.
What if I was partly at fault?
Florida follows a modified comparative negligence rule. Your recovery is reduced by your share of the fault, and if you are found more than 50 percent at fault, you generally cannot recover damages.
How soon should I contact a lawyer after a truck accident?
As soon as you can after getting medical care. Electronic data and footage can be lost quickly, and a preservation letter is most useful when it is sent early. For broader injury questions, see our personal injury page.
This page provides general information, not legal advice. Reading it does not create an attorney-client relationship.
