Truck Accidents

Why Truck Cases Are Different

Commercial trucks are governed by federal safety rules from the Federal Motor Carrier Safety Administration (FMCSA). Those rules control how long a driver may stay behind the wheel (hours-of-service), who is qualified to drive, how trucks must be inspected and maintained, and how cargo must be secured. When a carrier or driver cuts corners on any of them, the violation can become powerful evidence of negligence.

Truck cases also tend to involve:

• More severe injuries, including brain and spinal cord injuries, crush injuries, burns, and multiple fractures
• Higher insurance limits, since commercial carriers typically carry far more coverage than personal vehicles
• An organized defense, with adjusters, investigators, and lawyers working for the carrier from the start
• More than one defendant, each one pointing at the others

Who May Be Liable

The truck driver is only the starting point. Depending on the facts, responsibility can extend to:

• The motor carrier that employed the driver or operated the truck, including for negligent hiring, training, or supervision
• The owners of the tractor and the trailer, which are not always the same company
• The company whose name is on the trailer
• A freight broker that arranged the load and may have chosen an unsafe carrier
• The shipper or loading crew that overloaded the trailer or failed to secure the cargo
• Maintenance contractors responsible for brakes, tires, and lights
• Manufacturers of defective truck parts

Finding every responsible party matters because each may carry its own insurance. When one policy cannot cover a serious injury, another may.

Common Truck Crashes Around Tampa Bay

Truck traffic is heavy on I-4 near the I-75 interchange, on I-275 through downtown Tampa, on the roads serving Port Tampa Bay, and along Adamo Drive and the industrial areas of East Tampa. The crashes we handle include:

• Jackknife crashes, when the trailer swings out from the cab, often after hard braking, speeding, or a shifting load
• Side-impact and sideswipe crashes, often during lane changes into a truck's blind spots
• Overloaded or improperly loaded trucks, which need more distance to stop and are more prone to rollovers. Federal law generally caps loaded weight at 80,000 pounds on interstates.
• Distracted and fatigued driving, including phone use and pushing past hours-of-service limits
• Rear-end crashes, where a truck's long stopping distance turns a slowdown into a violent collision
• Delivery van crashes, including Amazon and other package delivery vehicles. Whether the delivery company itself can be held responsible often depends on the driver's employment status and the company's role in the delivery operation.

The Evidence We Work to Preserve

Much of the most important evidence in a truck case sits with the carrier, and some of it can be overwritten or discarded in the ordinary course of business. We send preservation letters early and pursue:

• Electronic logging device (ELD) records and driver logs
• Engine control module ("black box") data showing speed, braking, and throttle
• Dash camera and other onboard video
• Driver qualification files, drug and alcohol testing, and training records
• Inspection, maintenance, and repair records
• Bills of lading, weigh tickets, and cargo securement details
• Dispatch communications and phone records

We also work with accident reconstructionists and, in serious injury cases, with economists and life-care planners who help show the full cost of the injury.

Results in Truck Cases

• $1.3 Million: Trucking Company Held Responsible. A trucking company was held responsible for the wrongful acts of its employee against our client.
• $600,000: 18-Wheeler Trucking Accident in North Port, FL. An 18-wheeler collided with our client's vehicle on I-75, causing neck and shoulder injuries that required multiple surgeries.
• $486,000: Passenger Car Accident in Pasco County, FL. An unsecured hay bale rolled off an 18-wheeler onto the roof of the car our client was riding in.

Past results do not guarantee a similar outcome.

What to Do After a Truck Crash

Get medical care right away. Your own PIP coverage still pays first in Florida, and you must get initial treatment within 14 days to use it. Report the crash, photograph the truck (including its DOT number and company name), and collect witness contact information. Do not give a recorded statement to the trucking company's insurer, and keep a journal of your pain and limitations as you recover.

Expect the carrier to blame someone else. Under section 768.81, your recovery is reduced by your share of fault, and if you are found more than 50% at fault you generally cannot recover. For most crashes on or after March 24, 2023, Florida generally allows two years to file a lawsuit, but exceptions exist and evidence can disappear far sooner.

Talk to a Tampa Truck Accident Lawyer

Trucking companies have lawyers on their side from day one, and you should too. We handle truck cases on a contingency fee and advance the costs of investigation, so you owe nothing unless we recover money for you.

Call (813) 915-1110, 24/7, or contact us online for a free consultation with an attorney.