At Searcy Denney, we are asked many questions about truck accidents in Florida. Our team is here to answer any questions you may have, and these frequently asked questions can help you move forward following an accident in which you or a loved one was involved. If you’d like more information, please contact our firm right away.

How Do You Prove that the Trucking Company is Liable?

Proving that a trucking company (or any other company) is liable for an accident requires a comprehensive investigation. This includes but is not limited to, investigating the scene of the crash. As a result, it is important that you hire a truck accident lawyer as soon as possible, as your attorney will need to gather crucial evidence before it disappears.

In addition to forensic evidence from the scene of the accident, various other forms of evidence can be used to prove liability after a truck accident as well. Driver logs, employment records, and phone records are just a few examples. When we investigate your case, we will seek to gather all relevant evidence from all available sources to prove your right to financial recovery.

What if I Was Speeding or Texting When the Truck Accident Happened?

If you were speeding, texting, or otherwise violating Florida’s traffic laws when your accident happened, this might have an impact on your financial recovery, but it might not. Just because you were doing something that perhaps you shouldn’t have, this does not necessarily mean that you played a role in causing the collision. If the accident would have happened regardless, then you can still seek full compensation for your accident-related losses.

What if you were partially at fault? If this is the case, then this may reduce the amount you are entitled to recover. However, you may still have a claim for significant compensation, and you will still want to speak with a Florida truck accident law firm about your legal rights.

How Do I Know if I Should Hire a Lawyer to Represent Me After a Truck Crash?

If you have been injured or lost a loved one in a truck accident, you should hire a truck accident lawyer. It’s that simple. You have nothing to lose, and you have everything to gain. At Searcy Denney, we will thoroughly investigate your (or your loved one’s) truck accident to determine if you have a claim, and if you do, we will use our experience to fight relentlessly for the compensation you deserve.

How Much Does It Cost to Hire a Truck Accident Attorney?

When you choose Searcy Denney, it costs you nothing out of pocket to hire a Florida truck accident lawyer. We handle all truck accident claims on a contingency fee basis. Your initial consultation is completely free, and if you choose our lawyers to represent you, we will not charge any fees or costs unless we help you win just compensation.

What Should I Do Immediately After a Truck Accident?

Whether you have been seriously injured in a truck accident or you have tragically lost a loved one in a crash involving a large commercial truck, there are some important steps that you should try to take as soon as possible. For example, if you can, immediately after a truck accident, you should:

• Preserve as Much Evidence as Possible – If you have photos or videos from the crash site, you should be sure to keep these on your phone. If you have a copy of the police report or any other records from the crash site (i.e., notes you took about the truck or the truck driver’s insurance), be sure to keep these as well. Also, try to write down as many details as you can remember (or record yourself with your phone). At this point, the more information you can preserve, the better.
• Start Documenting the Costs of the Accident – In addition to documenting the accident itself, you will need to start documenting your accident-related losses. To do this, you should get in the habit of keeping all medical records, bills and letters you receive from the insurance companies, and you should start a log or journal where you record the physical and psychological effects you suffer on a daily basis.
• Talk to a Lawyer About Your Legal Rights – After a truck accident, one of the most important things you can do is talk to a lawyer about your legal rights. When you hire a lawyer to represent you, your lawyer will gather all of the evidence needed to pursue your claim, and your lawyer will fight to recover maximum financial compensation on your (or your family’s) behalf.

What Are the Common Causes of Truck Accidents?

Truck accidents can result from a broad range of causes. These include driver-related causes, truck-related causes, and environmental causes. Some of the most common causes of truck accidents in Florida include the following:

• Aggressive truck driving (i.e., speeding and tailgating)
• Distracted and drowsy truck driving
• Inadequate truck maintenance
• Overloading trucks and failing to secure truck cargo
• Heavy rains, high winds and poor road conditions

After a serious or fatal truck accident, determining the specific cause (or causes) of the accident is one of the first steps toward recovering just compensation. Determining the cause involves both conducting a comprehensive on-scene investigation and gathering evidence from other sources.

Who Is Liable for a Truck Accident in Florida?

Determining who the liable party (or parties) are for a truck accident in Florida starts with determining the accident’s cause (or causes). If truck driver negligence or negligent truck maintenance was to blame (as is often the case), victims and their families will typically have a claim against either:

• The Truck Driver’s Insurance Company – If the truck driver is an owner-operator, he or she should have liability insurance that covers serious and fatal accidents. In these cases, victims and families can file claims with the truck driver’s insurance company to recover just compensation.
• The Trucking Company – If the truck driver is an employee of a trucking company (or a big box company like Amazon or Walmart), then the truck driver’s employer will most likely be liable in the event of a crash. Trucking companies and other businesses can be held liable for their employees’ negligence, and in many cases, they can be held liable for their own negligence (i.e., failing to adequately maintain their trucks) as well.

But these are just two of several possibilities. Depending on the circumstances involved, truck accident victims and their families could also have claims against truck manufacturers, shipping companies, other drivers’ insurance companies or even the government. When you hire a truck accident lawyer to represent you, your lawyer will conduct a thorough investigation to identify the liable party (or parties) and fight to hold them liable on your behalf.

How Long Do I Have to File a Truck Accident Lawsuit in Florida?

How long you have to file a truck accident lawsuit in Florida depends on the reason for the accident. This is due to a change in Florida’s personal injury statute of limitations signed into law by Governor Ron DeSantis in 2023. Previously, all personal injury claims in Florida were subject to a four-year statute of limitations. But, under the new law (House Bill 837), accident victims only have two years to file a claim based on negligence.

Since the vast majority of truck accident claims are based on negligence, this means that Florida’s new two-year statute of limitations applies in most cases. However, as claims involving truck defects are based on strict liability rather than negligence, the new statute of limitations does not apply to these claims.

In fatal truck accident cases, the statute of limitations is two years from the date of death. This was the limitations period for wrongful death claims prior to House Bill 837.

Regardless of how long you have to file, you should discuss your claim (or your family’s claim) with a truck accident lawyer as soon as possible. If you wait to hire a lawyer, key evidence could disappear before your lawyer is able to investigate. Additionally, waiting to file a claim will delay your financial recovery, while taking action promptly will allow you to begin moving on from the accident as soon as possible.

What Damages Can I Recover in a Truck Accident Lawsuit?

The damages you can recover in a truck accident lawsuit in Florida depend on the losses you have suffered (and will suffer) as a result of the accident. Everyone’s truck accident claim is unique, and you will need to work closely with your lawyer to calculate just compensation for your financial and non-financial losses.

With that said, the damages that are available in truck accident cases typically fall into several broad categories. In non-fatal truck accident cases, these categories include:

• Medical bills, prescriptions, and other treatment-related costs
• Loss of income, benefits and future earning capacity
• Pain, suffering and emotional trauma
• Scarring and disfigurement
• Loss of companionship, consortium and enjoyment of life

In fatal truck accident cases, the categories of damages that are available differ slightly. If you have lost a loved one in a fatal crash involving a commercial truck, your family’s lawyer will most likely be able to seek damages for losses such as:

• Damages your loved one would have been entitled to recover had he or she survived the accident
• Loss of health insurance, Social Security, veterans’ benefits and other types of benefits
• Loss of inheritance
• Funeral and burial costs
• Your pain and suffering
• Your loss of companionship, consortium, guidance and support
• Your loss of services (i.e., loss of childcare, housekeeping, landscaping and security)
• Can I still recover damages if I was partially at fault for the truck accident in Florida?

Yes, even if you were partially at fault in a truck accident, you can still recover damages under Florida law. In this scenario, the amount of your damages will simply be reduced based on your percentage of fault. For example, if you were 10 percent at fault and your damages total $100,000, you would be entitled to recover 90 percent of your damages, or $90,000.

Technically, this is true even if you were 99 percent at fault in your truck accident (in which case you would be entitled to recover one percent of your damages). While it may or may not be worth filing a claim in this scenario, the most important thing to know is that you should not assume that you were at fault under any circumstances—no matter how the accident happened or what you were doing when the accident occurred. Determining fault in a truck accident is an extremely complicated process, and until you hire a lawyer to conduct an investigation, you won’t know what exactly triggered the collision.

Should I Speak to the Insurance Company After a Truck Accident?

While you may need to report your truck accident to your insurance company, you should avoid speaking with your claims representative or adjuster any more than necessary. When you have a truck accident claim (or any type of accident claim), you should let your lawyer do the talking for you. As an accident victim, speaking to the insurance company can be risky, and you are far better off letting your lawyer speak with the insurance company on your behalf.

Can I Sue the Trucking Company Directly?

Truck accident victims can sue trucking companies directly after serious collisions in many cases. If the truck driver is an employee, or if the trucking company is responsible for the accident due to inadequate maintenance or any other issue, then you can hire a lawyer to sue the trucking company for just compensation. When you sue the trucking company, it will most likely refer your claim to its insurer, and then your lawyer will negotiate with the insurance company to try to secure a favorable settlement on your behalf. If these negotiations do not result in a favorable settlement, then your lawyer will be able to take the trucking company (and its insurer) to court.

What Evidence Is Important in a Truck Accident Case?

Several different types of evidence can be important in a truck accident case in Florida. This includes forensic evidence from the crash site, eyewitness testimony, photos or videos you took with your phone, the truck driver’s phone records and driving log, and potentially a variety of other forms of documentation. Of course, if the accident was captured on a traffic camera, security camera or dash cam, the footage of the accident will be key evidence as well. When you hire a truck accident lawyer to represent you, your lawyer will determine what types of evidence are available to prove your claim for damages.

In addition to evidence of the accident, recovering just compensation also requires evidence of your losses. This includes evidence such as your medical records, employment records, photos of your injuries, medical and financial expert testimony, testimony from friends and family, and any notes you are able to take documenting the day-to-day effects of your injuries.

Can I Still File a Lawsuit if the Truck Driver Was Not Cited for the Accident?

Yes, you can still file a lawsuit after a truck accident if the truck driver did not receive a ticket at the scene. There could be a variety of reasons why the truck driver didn’t receive a ticket—none of which are relevant to your claim for damages. Regardless of whether the truck driver was cited, you should always speak with a lawyer about your legal rights.

Speak with an Attorney Today

If you’ve been injured in a truck accident anywhere in the state of Florida, contact us today to speak with an experienced attorney. With offices in West Palm Beach, Tallahassee, and Tampa, we’re uniquely positioned to help you get the compensation you deserve.