Florida Truck Accident Lawyer

Table of Contents

Attorney Insight

From the Desk of Christian D. Searcy: What I’m Seeing in Florida Truck Accident Cases This Year

Truck accident cases are among the most devastating cases we handle. By their nature, these accidents often result in catastrophic injuries; and, tragically, far too often, they prove fatal.

We are continuing to see a high volume of these cases this year. Our lawyers are constantly handling cases against major retailers, delivery service providers and other businesses. If you or a loved one has been involved in a catastrophic or fatal collision, you may be entitled to significant financial compensation, and you should discuss your legal rights with an experienced Florida truck accident lawyer promptly.

Our Firm Can Help After a Truck Accident

The minute a crash occurs, the trucking company and its insurance provider are putting their wheels in motion to defend against liability. Their goal? To avoid taking responsibility for the devastation they have caused so they don’t have to pay you the money you and your family are owed. You need to manage your new normal of life with a serious and permanent disability or without a deceased loved one. You need an experienced Florida truck accident lawyer on your side. 

Our Attorneys Help Accident Victims Recover Top Compensation

Trucks accidents different from car accidents for a variety of reasons. Allow us to clarify that when we say truck accident, we’re not talking about an accident with a Chevy Silverado or Ford F150, we’re referring to accidents involving semi-trucks, 18-wheelers, and big rigs. These trucks are much heavier than standard cars on the road, even recreational trucks like the Ford F150. As a result, the injuries from accidents with 18-wheelers and the like are catastrophic. It takes a dedicated team of attorneys to be able to evaluate the situation and provide the legal help you need to ensure you get the compensation you deserve.

Our attorneys will fight for you to receive compensation for:

• Medical expenses (current and future) – All your current and future medical bills related to injuries you sustained from your accident.
• Lost wages (current and future) – From not being able to work to your full capacity given your injuries
• Pain and suffering
• Permanent disability or disfigurement
• Wrongful death

How Much Can a Florida Truck Accident Lawyer Help Me Recover?

The amount you can recover after a truck accident depends on the costs you incur as a result of your injuries or your loved one’s death. Every case is truly unique, as the details of the victim’s life are crucial factors for determining how much compensation will be awarded. Medical expenses, other out-of-pocket costs, annual income, property damage, and pain and suffering are just a small sampling of the factors that go into calculating just compensation for a serious or fatal accident.

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After being in a terrible accident that required two major surgeries, my main focus needed to be on my physical recovery. Thankfully, Mathew Schwencke, and his team at Searcy Law Firm took care of absolutely everything else. They deeply understood the challenges I was facing, kept me in the loop the entire time, and took over all the stressful medical and legal responsibilities. They worked incredibly fast to close my case, successfully, allowing me to move forward to my life. I highly recommend Mr. Schwencke and his team to anyone who needs advocates who truly care. – Bobby H.

After my accident, Searcy Denney Scarola Barnhart law firm exceeded my expectations. The claim process was smooth, and the staff was compassionate. – Clara H.

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How Do We Investigate a Truck Accident? 

When you are involved in a major truck accident, we go beyond simply reading the police report. Trucks often contain various types of evidence that may help us determine what happened. However, these pieces of evidence can sometimes be destroyed if they are not collected promptly.

Our lawyers can investigate your truck accident in many ways to determine what happened and who may be at fault.

The Black Box 

Many commercial trucks contain an electronic control module (ECM) or event data recorder (EDR), which is often referred to as the truck’s “black box.” This can give us helpful information about what the truck was doing before or during an accident. It can show the truck’s speed, whether the brakes were applied, and more. When necessary, we work with qualified experts to download, preserve, and analyze available electronic data and determine what it reveals about the collision.

Preventing Spoliation 

There is a finite amount of time you have to collect evidence after a truck accident. Electronic information may be overwritten, the truck may be repaired or returned to service, and records may eventually be discarded under applicable retention policies.

That is why we often send out a spoliation letter at the beginning of a truck crash case. This letter instructs the trucking company and any other third parties to preserve any evidence we may need. Examples include the truck itself, black box data, ELD data, camera footage, driver qualifications, inspections, dispatcher logs, and more.

Who May Have Caused Your Accident? 

Our investigation doesn’t stop with what the truck driver did immediately before the crash. We will review all factors that could have contributed to the crash. Did the driver log too many hours? Was the driver on a cell phone or distracted? Were there any problems with the truck or its maintenance records? Was the cargo loaded correctly? We will also interview any witnesses and get any video that may have captured the accident.

We may also hire experts to examine the accident scene and help determine how it happened. The goal is to create a complete picture of what happened and determine whether responsibility extends beyond the driver to the trucking company, maintenance contractors, cargo loaders, manufacturers, and/or any other parties.

Reasons for Trucking Accidents in Florida

One of the jobs of a truck accident attorney is to determine why the accident happened, whether it was the result of driver negligence; the trucking company’s negligence; a failure on the part of the truck or parts manufacturers; or a combination of all of these. 

Truck Driver Negligence

Truck driver negligence often has a role in causing accidents. For instance, many big rig wrecks result from: 

• Truck driver speeding. Because an 18-wheeler driver’s job is completed successfully if they get to where they are going more quickly, it stands to reason they may want to press on the gas pedal a little harder to get their sooner.
• Distracted driving. Mobile phones, tablets and GPS equipment help truck drivers alleviate their loneliness during long stretches on the road, stay in touch with dispatchers, and find best routes. Technology use crosses a line when these devices are being used while operating the truck – which puts everyone in danger. 
• Driving in a reckless manner. Speeding, tailgating, weaving in and out of traffic, and aggressively merging are some common tactics of reckless driving with semi-trucks and big rigs.
• Driver sleep deprivation. To ensure drivers are properly rested and alert to take on their long hauls, there are federal regulations that specify schedules to ensure drivers get enough sleep. These rules must be followed to ensure the safety of other motorists on the road.
• Truck driver DUI. Whether you’re driving a car or a semi-truck, driving while under the influence is never OK and always illegal. We take trucking accidents because of a DUI seriously and will work to ensure justice is served to the victims and their families of this bad decision-making. 

Trucking Company Negligence Explained 

A trucking company has a legal responsibility to follow rules and laws to ensure they are contributing to safe operations that protect other motorists on the road. Just like when a manufacturer fails to put out a safe product, these trucking companies can be held liable if they are negligent and that negligence contributed to or caused your accident. Our truck accident lawyers will consider if there is negligence on behalf of the trucking company by considering:

• Were there negligent hiring practices? If an unqualified driver was hired, or if the person failed a background check (or the company failed to complete one), or the company ignored signs of medical or substance abuse… these can all be points of negligence.
• Did a driver training failure play a role? Semi-truck drivers have to complete special training and have certain licenses. If the driver was not properly credentialed, that’s negligence.
• Was there an hours-of-service violation? To ensure drivers have the energy to keep their eyes open on the road, there are regulations that outline schedules that drivers of big rigs are required to follow. If a driver was working too long, skipped part of their shift, or was otherwise working when they should be resting, that’s negligence. 
• Was the truck experiencing vehicle maintenance issues? Trucks are big machines, and they require maintenance to keep running properly. A lack of timely maintenance, or poor maintenance, or no maintenance at all can create an unsafe environment and lead to accidents.

Manufacturer Liability in Florida Truck Accidents 

When a truck accident is found to be caused by a defective part — such as malfunctioning brakes or faulty tires — the truck’s manufacturer and/or the manufacturer of the parts may be held liable for the resulting damages. Proving manufacturer liability in a trucking accident is a complex process, requiring truck manufacturing industry knowledge as well as experience analyzing manufacturing and maintenance records. It takes the skills of an accomplished and experienced truck accident attorney to establish a strong case for manufacturer liability.

Overloaded Trucks & Lost Load Accidents

When an 18-wheeler or other large truck loses its load on the highway, the consequences can be catastrophic. Drivers and passengers can be left helpless to protect themselves, and in many cases multiple victims will sustain severe traumatic injuries, including traumatic brain injuries and spinal cord injuries. The same is true when truck drivers lose control because their trailers are overloaded. Unfortunately, while these accidents are entirely preventable, our Florida truck accident attorneys know they are all too common on our state’s highways.

If you have been injured in one of these accidents, or if you have lost a loved one in an accident involving a semi-truck or tractor trailer, you should discuss your legal rights with an attorney. Our phones are answered 24/7, and we can arrange for you to speak with one of our attorneys as soon as possible.

What Is an Unsecured Load?

Commercial trucks can carry an extraordinary amount of cargo. Tractor trailers can carry loads weighing tens of thousands of pounds, and this volume of cargo can present extreme risks if it is not properly secured. Not only can unsecured cargo come loose and spill onto the roadway; but, even if it remains on the truck, it can significantly hinder the truck driver’s ability to maintain control.

What Causes Unsecured Load Truck Accidents?

There are various factors that can cause unsecured load truck accidents. When our attorneys investigate these types of accidents, we look for evidence of negligence such as:

• Failure to ensure that cargo is properly secured prior to transport
• Failure to pressurize liquid cargo such as water, gas or oil
• Improper use of tiedown straps or other mechanisms to secure cargo resulting in failure
• Tiedown strap failure due to wear, improper use or product defects
• Using the wrong type of truck to deliver a specific type of cargo

Reducing the Risk of Overload/Lost Load Accidents

Given the extreme risks associated with an overloaded truck barreling down the highway or a truck losing its cargo load in traffic, there are several precautions that trucking companies and shipping companies must take in order to prevent these events from occurring. For example, steps that these companies can – and should – take to prevent dangerous overload/lost load car and truck accidents include (but are not limited to):

• Complying with the trucking safety regulations promulgated by the Federal Motor Carrier Safety Administration (FMCSA)
• Weighing trucks prior to transport to ensure that they are not overloaded
• Ensuring that trucks’ cargo loads do not exceed their gross vehicle weight ratings (GVRWs)
• Inspecting trucks before they leave the warehouse or port to ensure that all cargo is properly secured
• Performing routine maintenance and inspections to ensure that all mechanisms used to secure cargo are in good working order

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How Fault Is Determined in Truck Accidents

Before the judge or jury awards you damages, it is necessary to prove who or what caused the collision. While truck driver negligence is the primary factor in most cases, other causes of liability need to be examined. Uncovering fault is complicated because there could be several parties who share in the blame. A commercial truck driver who owns and operates the truck could be liable for negligence if they operated the truck under unsafe conditions or if they failed to maintain the vehicle properly. Trucking companies, truck part manufacturers, and cargo loading companies are also potential defendants in your lawsuit. Our truck accident attorneys will examine all possible parties for blame in order to maximize damages. 

Our Florida Truck Accident Lawyers Outline Common Examples of Negligent Truck Driving

Behind the wheel of a large commercial truck, even minor mistakes can lead to loss of control. But many truck drivers make mistakes that are not minor — speeding recklessly, looking at their phones, and even falling asleep in the driver’s seat. Regardless of the specific issue involved, poor driving is justification for holding truck drivers and their employers accountable. 

Our lawyers in help truck accident victims and families in West Palm Beach, Tallahassee, Tampa, and throughout Florida seek just compensation for truck driving mistakes such as:

Distracted Truck Driving

Distracted driving is a leading cause of all motor vehicle collisions—truck accidents included. While truck drivers need to be paying attention to the road at all times, studies have shown that distracted driving is extremely common. This includes forms of distraction such as:

• Talking on the phone
• Texting
• Using social media
• Reading a map or setting GPS directions
• Communicating with dispatch
• Eating and drinking
• Reading the news and watching videos

Driving Under the Influence (DUI)

Driving under the influence (DUI) is a common factor in commercial truck accidents as well. In Florida, the “legal limit” for truck drivers is a blood alcohol concentration (BAC) of 0.04 instead of the standard 0.08 BAC for non-commercial drivers—and there is a very good reason why. Behind the wheel of a large commercial truck, even the slightest impairment can prevent drivers from making smart decisions and safe maneuvers that avoid serious and fatal collisions.

In addition to alcohol impairment, drug impairment is a concern in accident cases as well. This includes impairment caused by illegal drugs, prescription drugs, and over-the-counter medications.

Fatigued Truck Driving

Truck drivers often spend their entire day behind the wheel, and many drive late into the night. As a result, fatigue is to be expected. But, when truck drivers get fatigued, they need to stop. Federal regulations not only limit the number of consecutive hours truckers can drive, but they also establish minimum rest periods between stints behind the wheel. Unfortunately, many truck drivers ignore these restrictions (or get pushed to violate them by their employers), which means that fatigue plays a role in many accidents.

Co-Driver Negligence

For long hauls, two drivers will often share driving responsibility. In most cases, the driver behind the wheel will be responsible when an accident occurs, but there are circumstances in which a co-driver can be liable. If you were injured in a truck accident involving co-driver negligence, our truck accident lawyers can help you seek just compensation.

Failure to Control Oversized Trucks

Oversized and overloaded trucks present particular driving challenges, and they present certain risks for the occupants of other vehicles. Swerving, waiting too long to break, turning too sharply and other mistakes can easily cause oversized truck drivers to lose control.

Failure to Control Trucks in Bad Weather

Heavy downpours and high winds can make Florida’s roads dangerous for all motorists. But, for truck drivers, the dangers are often exceptionally high. A wet road can significantly increase a large truck’s stopping distance, and high winds can push tractor-trailers out of their lanes. Truck drivers are (or should be) trained to avoid these risks, but not all of them are equipped to do so.

Failure to Prevent a Jackknife

Jackknifing tractor-trailers present extreme risks on Florida’s highways and other roadways. Truck drivers can avoid these accidents by driving safely, leaving plenty of buffers, and gradually slowing down. As a result, when truck drivers fail to avoid these accidents, they (and their employers) can usually be held legally responsible.

Speeding, Tailgating, and Other Forms of Aggressive Driving

Just like other drivers, large commercial truck drivers need to obey all of the rules of the road. Among other things, this means observing the speed limit, following at a safe distance and only passing when it is safe to do so. Yet, many truckers choose to drive aggressively—and when they do, they often end up making mistakes that lead to catastrophic accidents.

Wide-Turn Errors

Tractor-trailers and other large commercial trucks need to make wide turns to avoid running over sidewalks and hitting signposts and streetlights. However, when making wide turns, they must be careful not to go too wide and hit approaching vehicles. Wide turns (and failure to make wide turns) are common causes of commercial truck accidents—and they are common causes that can (and should) be avoided with proper driving.

If you have been injured or lost a loved one in a truck accident caused by poor driving, our lawyers can help. We handle accident cases throughout Florida, and we have recovered millions of dollars in compensation for our truck accident clients. Our law firm can thoroughly investigate the accident to prove that the trucker’s poor driving was to blame, and we can seek full compensation for the financial and non-financial costs of the collision.

Our Attorneys Explain the Main Causes of Tractor Trailer Crashes

Here are examples of how the FMCSA categorizes “critical” or causative reasons assigned to truck drivers:

• Non-performance: Driver fell asleep, disabled by heart attack or seizure, or disabled for another reason.
• Recognition: Driver inattention, distracted by inside or outside factors, failed to observe the situation.
• Decision: Driving too fast for conditions, misjudged speed of other vehicles, followed too closely.
• Performance: Driver panicked, overcompensated, or exercised poor directional control.

Our Truck Accident Attorneys Identify Common Causes of Wrecks

The NHTSA and the FMCSA recognize that all motor vehicle crashes are complex events, usually involving two or more vehicles, and influenced by such elements as driver training and experience, vehicle design and manufacture, adherence to safety and maintenance recommendations, and road and weather conditions. Below are some of the most common causes of truck wrecks that our truck accident attorneys handle. 

Unsafe Lane Changes

On I-10, I-95 and other major highways throughout Florida, commercial truck accidents are a routine occurrence. Many of these accidents are the result of unsafe lane changes, with truck drivers merging suddenly and unexpectedly in front of (or into) other vehicles.

These unsafe maneuvers often leave other drivers with no place to go. In many cases, they force other drivers to slam on their brakes or swerve out of the way, but even these efforts will often not be enough to avoid a dangerous collision. As a result, drivers and passengers routinely suffer serious injuries in these types of accidents, and many endure a lifetime of pain and suffering.

Brake Failure, Tire Blowouts, and Mechanical Defect Claims

Mechanical failures in commercial trucks are frequently caused by trucking companies failing to comply with federal safety regulations for routine inspection, repair, and maintenance.

Common Mechanical Causes of Commercial Truck Crashes:

• Brake System Failures: At 55 mph, a fully loaded commercial truck requires roughly 335 feet to come to a complete stop—over 40% longer than a standard passenger vehicle. Poorly maintained brakes drastically increase stopping distances or cause complete loss of control.
• Tire Blowouts & Tread Separation: Worn, underinflated, or defective tires can cause drivers to lose control instantaneously on high-speed interstates.
• Cargo Securement Violations: Improperly secured cargo can shift during transit, causing rollover crashes, or spill onto the roadway. Key violations cited during roadside inspections include insufficient tiedowns, leaking cargo, and failing to secure equipment.
• Antilock Brake System (ABS) Malfunctions: ABS systems prevent wheel lockup and skidding. Failure to repair malfunctioning ABS warning indicators leads directly to preventable jackknife crashes.

Heavy Traffic & Congestion Risks on Florida Interstates

High-density traffic on heavily traveled corridors like I-95, I-10, and I-75 routinely creates dangerous conditions for heavy trucks and passenger cars:

• Extended Stopping Distances: An 80,000-pound tractor-trailer requires drastically more stopping distance than a standard passenger car, leading to severe rear-end collisions during sudden traffic slow-downs.
• Commuter Alignment: Commercial transport shares high-density roads with daily commuters, making peak weekday business hours the most common timeframe for multi-vehicle truck crashes.

Impaired Driving: Prescription, OTC, and Controlled Substance Use

While alcohol-related crashes involving commercial drivers are strictly regulated through low BAC limits (0.04 in Florida), the use of prescription drugs, over-the-counter medications, and illicit substances remains a primary factor in commercial truck collisions.

Key Safety Rules Regarding Commercial Driver Impairment:

• Federal Substance Prohibitions: Federal Motor Carrier Safety Regulations prohibit commercial drivers from operating vehicles while taking narcotics, amphetamines, anti-seizure medications, or habit-forming drugs.
• Medication Side Effects: Common prescription and over-the-counter medications for blood pressure, allergies, anxiety, or pain can cause delayed reaction times, sudden drowsiness, or impaired spatial awareness.
• Drug & Alcohol Clearinghouse Compliance: Commercial drivers are subject to mandatory pre-employment, random, and post-accident drug and alcohol screenings logged through federal clearinghouse databases.

Roadway Problems

According to the Truck Safety Coalition, more than a fourth of the nation’s bridges are structurally deficient or functionally obsolete, and a third of our major roads are in desperate need of repair. Poor road conditions cost motorists billions of dollars a year in repairs and operating costs. Worse, uneven pavements, potholes, sharp curves, unmarked intersections and confusing signage can offer high crash potential for an 80,000-pound tractor-trailer traveling at high speed.

According to federal highway safety data, a substantial portion of commercial vehicle fatalities occur on rural two-lane roads and unlit state highways where shoulder space is limited and emergency response times are longer. On major interstates and freeways, high-speed merging and sudden congestion remain primary drivers of multi-vehicle pileups.

Fatigued Truck Drivers

The National Highway Traffic Safety Administration notes that nearly 5,000 people died in crashes with commercial vehicles in 2018 and cites tired driving as one of the leading causes. Tired drivers themselves often die in these horrific and unnecessary accidents, but others are at risk, as well. Of the 4,951 people killed in 2018 truck crashes, 18% were truck drivers or other occupant, 71% were drivers and other occupants of passenger vehicles, and 11% were pedestrians, bicyclists, or motorcyclists.

Searcy Denney has represented Florida drivers injured in truck accidents for more than 45 years. Our legal team has the experience and resources to pursue not only a fatigued truck driver who may have caused a crash, but also the large trucking corporation responsible for an accident involving its fleets and drivers.

Hours of Service Rules for Truck Drivers 

FMCSA regulations govern the numbers of hours commercial drivers are permitted to work and drive, and mandate periodic rest breaks. The hours of service (HOS) rules also require drivers and their employers to keep logs of their driving, working and rest periods.

Generally, these rules regulate truck drivers:

• Drive time: May drive up to 11 hours after 10 consecutive off-duty hours.
• Workday: May not drive beyond the 14^th hour from the time he or she came on duty.
• Rest requirement: Must take at least a 30-minute rest period after eight hours of consecutive drive time, with exceptions for short-haul drivers.
• Workweek: 60 and 70-hour driving limits apply to seven and eight-day workweeks.
• Sleeping berth provisions: A driver who sleeps in the sleeping berth must do so for at least eight hours, plus a separate two hours off duty, which may be spent in the sleeping berth.

The introduction of electronic logging devices (ELDs) and their ability to accurately record hours of service prompted requests from members of Congress and the trucking industry to revise HOS regulations. ELDs automatically track driving hours, engine operation, miles driven, and vehicle movement. Federal Hours of Service (HOS) rules strictly limit commercial driving shifts, mandate mandatory rest breaks, and require accurate electronic logs to prevent dangerous driver fatigue.  

Your Attorney Can Use an Electronic Logbooks as Evidence in Your Truck Accident Lawsuit

Typically, the trucking corporation provides its own documentation of driving, shift and rest hours. For many years, truck drivers kept paper logs, entering hand-written data every day.  But in December 2015, federal law required all trucking companies to use an ELD that automatically records driving time and monitors engine hours, vehicle movement, miles driven, and location information.

The FMCSA believed that requiring electronic logs would strengthen commercial truck drivers’ compliance with hours-of-service regulations that prevent fatigue. In addition, roadside safety inspectors have been able to detect violations of the law that could endanger the lives of other drivers, passengers, and pedestrians.

Why Tired Driving Is Dangerous for Truckers

Tired drivers are a menace on the road. The effects of sleepiness and fatigue substantially increase the risk of serious accident. Studies have shown that drowsiness results in:

• Less attentiveness
• Slower reaction time
• Impaired judgment and decision-making
• Nodding off behind the wheel

Drowsy and fatigued driving remains one of the leading causes of preventable tractor-trailer collisions. Studies show that driver exhaustion substantially impairs alertness, delays reaction times, and distorts critical spatial judgment on high-speed roadways.

The number of catastrophic truck crashes attributed to sleep deprivation in the last few years has made headlines illustrating just how dangerous a tired driver can be. Just three examples:

• A big rig in Georgia smashed its way into a line of passenger cars waiting for another accident to clear, killing five people. The driver was discovered to have a history of sleep apnea.
• A semi-truck on the Ronald Reagan Memorial Tollway outside of Chicago barreled into a disabled truck that had pulled off the road. The big rig driver, who was asleep at the wheel, was killed; his companion was injured, and a state trooper who had stopped to help was set on fire when his car’s gas tank exploded.
• In a fatal truck crash in Kentucky, a large truck driver rear-ended a passenger car and killed six people. Investigations by the FMCSA revealed that the driver had been driving well beyond hours-of-service regulations and had falsified his records – both at the demand of the company that owned the truck.

Distracted Truck Drivers

Operating a truck takes tremendous skill, experience and concentration, and drivers cannot afford to be distracted while behind the wheel. One mistake can end in tragedy, and our Florida trucking law firm is here to pick up the pieces.

Statistics compiled by the FMCSA indicate that:

• Truck drivers who are texting are more than 23 times more likely to be involved in a crash, veer out of their lane, make an unexpected move that jeopardizes other vehicles on the road, are cause another “safety critical” event.
• Drivers of large trucks are six times more likely to be involved in a crash while dialing a hand-held cell phone.
• Truckers are three times more likely to have an accident while reaching for an object in the truck.

And yet, during the more than 45 years since our founding, the truck accident attorneys at Searcy Denney have seen the numbers of distracted driving accident claims skyrocket. In every case, these truck crashes were preventable if the truck driver would have paid attention and the trucking corporation had implemented more effective training and driver safety policies. Our Florida truck accident lawyers are here to help you recover damages resulting from a distracted truck driver.

Distractions While Behind the Wheel of a Truck

Long hours on the road can lead to boredom, fatigue and loneliness for long-haul drivers. Drivers may engage in inappropriate tasks as they maneuver their tractor-trailer or semi-truck at high speed on Florida’s highways and through our small towns.

While handheld phone use and texting are major focal points of federal enforcement, commercial truck driver distraction encompasses a wide range of dangerous activities behind the wheel:

• Reading a GPS or map
• Surfing the Internet
• Watching videos
• Using social media such as Facebook, Twitter or Instagram
• Distraction by an outside person, object or event
• Eating or drinking
• Grooming such as shaving or brushing hair
• Reaching for an object in the passenger seat
• Adjusting vehicle devices such as climate controls
• Looking at something along the highway
• Searching for a street name or address
• Daydreaming

Laws for Commercial Drivers Prohibit Texting While Driving

A majority of states now ban all drivers from texting while behind the wheel, whether in a car or a truck. And it’s a good thing, because texting takes a driver’s eyes of the road for 4.6 seconds – the same as driving the length of a football field blindfolded at 55 miles an hour!

Since January 2012, the FMCSA has banned truck drivers from texting or talking on a handheld phone while operating commercial vehicles. The law applies to drivers of buses, tractor-trailers, delivery vans, heavy machinery, sanitation equipment and other vehicles of a specific size and weight. A majority of states now ban all drivers from texting while behind the wheel – but even in a state that does not, the federal texting ban still applies to truck drivers.

Under the FMSCA provisions, drivers cannot:

• Use a hand to hold a cell phone to place or receive a call
• Dial the cell phone by pressing more than one button
• Reach for the phone in such a way that requires the driver to move out of a seated and seat-belted position
• Write, send or read a text message
• E-mail
• Instant message
• Engage in any other form of electronic communication

Drivers who violate these laws face fines of up to $2,750 and driver’s license suspension for up to 120 days for repeat offenses. Employers may also be fined up to $11,000 for knowingly tolerating or requiring cell phone use or texting while behind the wheel. In addition, the FMCSA has amended its commercial driver’s license certification process to include among disqualifying offenses a conviction in any state or local jurisdiction that bans texting while operating a commercial vehicle.

Truck Drivers Need to Make Sure They Don’t Cause Accidents

Consumer organizations and industry associations work to educate truck drivers about assuming responsibility for preventing distracted driving accidents. Here are some tips for truckers:

• Keep your cell phone in the glove box of the big rig, not on the seat or next to you, where even reaching can cause you to veer off the road.
• Make sure the GPS system is calibrated before you start your trip.  Do not use paper maps that can become a distraction.
• Keep your eyes on the road and don’t focus on outside distractions such as billboards, buildings, or people. The NHTSA reports that an estimated 11,000 truck crashes can be blamed on outside distractions that interrupted the driver’s concentration.
• If you see a driver of another vehicle engaging in distracted behavior, take the license plate number and alert the highway patrol. 

What Should I Do After a Truck Accident?

As soon as you retain Searcy Denney, our legal team jumps into action, meeting and often exceeding the efforts and skills of our trucking company adversaries. Before the accident scene is cleared and witnesses and important evidence disappear, your truck accident law firm will dispatch experts to:

• Gather contact information from anyone at the scene who had a point of view of the accident 
• Take photographic or video evidence of the scene to help determine traffic patterns, weather and other crucial points about your accident.
• Observe the driver’s demeanor for signs of intoxication, exhaustion or agitation

While all that is what we can do for you immediately at the scene, there is much more that we will handle in the aftermath. We work with experts in road design and accident reconstruction. We rely on their expertise and technology to help us recreate the accident to help prove fault. The evidence we gather at the scene of your accident – or that we collect from you i the days following your accident – help us immensely in growing the strength of our case.

Why You Need a Florida Truck Accident Lawyer

Because tractor-trailer accidents happen so frequently, trucking companies and their insurers maintain an at-the-ready defense team whose sole purpose is to try to eliminate — or at least mitigate — the driver and/or company’s responsibility for the accident that has caused you so much suffering. To succeed against their well-oiled defense machine, you need a strong and aggressive legal team of your own. It is important that this team is headed up by a truck accident lawyer whose firm has a track record of fighting the trucking and insurance companies and succeeding. 

Personal injury law firms in Florida are not created equally. When you’re considering hiring a lawyer be aware that these cases, with catastrophic injuries, or even death, require a financial commitment for your law firm. Smaller firms may not be able to dedicate the financial resources to ensure your case is handled properly. At Searcy Law, we have the financial backing to hire reconstructionist, experts, and other investigators to ensure we’ve looked in every corner to maximize your compensation.

Our Truck Accident Case Results

As a top personal injury firm with a 45-year history of securing large verdicts and negotiating multi-million-dollar settlements for our clients, every time a Searcy Denney lawyer takes on a Florida truck wreck case, the opposing side knows that our client means business. This is evident with our track record of success in pursuing negligence claims in commercial vehicle accident cases. We are fierce negotiators, and we are not afraid to battle it out in the courtroom, a fact that is not lost on our adversaries who want to avoid the expense of a lengthy trial. Included among our case results are:

• $17.5 Million Settlement for Family in Horrific Crash Caused by Tired Truck Driver
• $13+ Million Awarded for Death Caused by Fuel Truck Collision
• $10 Million Judgment Against Big Trucking Company for Motorcyclist’s Injuries
• $6.9 Million for Serious Injuries Caused by a Garbage Truck Accident
• $2 Million Settlement for Fatal Crash Caused by Inattentive and Irresponsible Truck Driver
• $1.1 Million Settlement for Truck Driver with Devastating Injuries in Crash
• $1 Million Settlement for a High School Student Who Suffered a Brain Injury in Truck-Auto Crash

Commercial Motor Vehicle Accidents in Florida

Florida’s major highway corridors—including I-95, I-10, and I-75—see heavy commercial truck traffic every day. According to data tracked by state safety authorities and the Federal Motor Carrier Safety Administration (FMCSA):

• High Traffic Crash Volume: Florida consistently records tens of thousands of commercial vehicle crashes annually involving medium and heavy trucks (exceeding 10,000 lbs), cargo vans, and buses.
• Out-of-Service Violations: Safety enforcement inspections routinely pull thousands of commercial trucks and drivers off Florida roads each year due to severe mechanical defects or hours-of-service safety violations.
• High-Risk Counties: South and Central Florida lead the state in commercial vehicle collisions, with Miami-Dade, Broward, Palm Beach, Hillsborough, Duval, and Orange counties consistently reporting the highest volumes of heavy truck crashes and fatalities.

Deadly Commercial Truck Accident Trends

According to national safety statistics compiled by the FMCSA, fatal crashes involving large trucks remain an ongoing hazard across U.S. highways:

• Passenger Vehicle Vulnerability: The vast majority of fatalities in large truck collisions are occupants of smaller passenger vehicles, motorcyclists, bicyclists, and pedestrians rather than commercial truck drivers.
• Disproportionate Force: Due to the massive weight differential between an 80,000-pound tractor-trailer and a standard passenger car, impacts frequently result in catastrophic or fatal outcomes.
• Preventable Causes: Most multi-vehicle truck crashes stem from preventable driver fatigue, excessive speed, failure to yield, or improper vehicle maintenance.

Federal Trucking Safety Regulations and Your Legal Rights

Each year, thousands of commercial trucks and commercial truck drivers are removed from Florida’s roads due to safety violations. This includes violations of the federal trucking safety regulations. Since these regulations exist specifically to help keep drivers and passengers safe, when trucking companies and truckers violate them, they can be held fully accountable under the law.

Proving a safety violation (or any other cause of a serious or fatal truck accident) requires an experienced truck accident attorney. When you hire an attorney at Searcy Denney, your attorney will investigate your (or your loved one’s) truck accident right away. In addition to sending an investigator to the scene of the accident, this will also involve gathering evidence from various other sources.

For example, one of the most common safety violations involves exceeding the federal “hours of service” restrictions. If the truck driver who hit you or your loved one had spent too many hours behind the wheel, your attorney can obtain the trucking company’s internal records to prove it. From the trucker’s driving log to the truck’s tracking data, various forms of internal documentation may be available.

Liability Considerations and Complexities in Truck Accident Cases

Filing a claim for a truck accident in Florida is very different from filing a claim for a “normal” vehicle collision. There are additional liability considerations and complexities involved, and trucking companies will fight to avoid liability by all means available. Some examples of the issues that you may need to rely on your truck accident lawyer to help you overcome include:

Determining the Specific Cause(s) of the Accident

Part of the complexity of commercial truck accident cases has to do with the complexity of commercial trucks themselves. Commercial trucks are extremely complex vehicles, and there is a lot that can go wrong. Likewise, from driving while distracted to driving under the influence (DUI), truck drivers can make numerous mistakes behind the wheel. To file a successful claim, you must be able to determine the specific cause(s) of your (or your loved one’s) truck accident. This is one reason why it is critical to hire an experienced Florida truck accident attorney to conduct a thorough investigation as soon as possible.

Vicarious Liability for Truck Driver Negligence

While some truck drivers are owner-operators, many are employees of trucking companies and other businesses. Under Florida law, trucking companies and other businesses can be held vicariously liable for their drivers’ negligence behind the wheel.

However, trucking companies and other businesses will attempt to dispute vicarious liability in many cases. For example, they may try to argue that a truck driver was operating on personal time, or that a trucker was not acting “within the scope of their employment” when they were drunk behind the wheel. While these defenses can often be overcome, overcoming them successfully requires experienced legal representation.

Direct Liability for Safety Violations

In addition to facing vicarious liability for their drivers’ negligence, trucking companies can also face direct liability for safety violations (i.e., allowing or encouraging their drivers to exceed the federal “hours of service” restrictions). When trucking companies know they have violated the law, they will often fight to avoid disclosing the internal records that prove it, so working with an experienced attorney who can effectively assert your legal rights is critical here as well.

Direct Liability for Other Truck-Related Issues

Along with safety violations, trucking companies (and truck manufacturers) can be held directly liable for other truck-related issues. Generally, trucking companies can be held liable for failing to conduct adequate maintenance, while truck manufacturers can be held liable for selling trucks that are defective when they leave the factory. Both of these are unique types of claims that require in-depth knowledge of the specific legal principles involved.

Accusations of Comparative Negligence

Trucking companies and truck manufacturers will often try to avoid (or at least minimize) their liability by accusing victims of being partially responsible for their own injuries. These accusations implicate Florida’s “comparative negligence” law, which states that:

• Truck accident victims who are 50% or less at fault will have the amount of their financial recovery reduced based on their percentage of fault; and,
• Truck accident victims who are 51% or more at fault are not entitled to any financial compensation.

Accusations of comparative negligence can have a major impact on the value of your claim, so it is critical to make sure the defendants in your case do not accuse you (or your loved one) of being partially at fault unfairly. When you hire a truck accident attorney at Searcy Denney to represent you, your attorney will use the available evidence to help make sure you receive the full compensation you deserve.

Florida Laws that Impact Victims’ and Families’ Rights After Serious and Fatal Truck Accidents

In addition to the laws that apply to personal injury and wrongful death claims generally, Florida also has laws that apply specifically to truck accidents. When you have a claim for a serious or fatal accident, these laws can help you establish your legal rights and hold the truck driver or trucking company accountable.

For example, Section 316.302 of the Florida Statutes governs the operation of large commercial trucks on Florida’s roads. The federal trucking safety regulations apply to truck drivers and trucking companies in Florida as well. Under Section 316.302 and these regulations, some examples of truck drivers’ and trucking companies’ obligations include the following:

• Truck drivers must be at least 21 years old to drive across state lines. Trucking companies can only hire commercial truck drivers who are 18 years of age or older.
• All truck drivers must be able to understand English well enough to read road signs, write in their driving logs and communicate with the police and other officials.
• All commercial truck drivers in Florida must have a valid commercial driver’s license (CDL). To obtain a CDL, truck drivers must have at least 20/40 vision in each eye and a field of vision of at least 70 degrees.
• Truck drivers can drive no more than 16 hours after taking a 10-hour break.
• Truck drivers must avoid driving more than 70 hours in a seven-day period or more than 80 hours in an eight-day period. If a truck driver reaches either of these limits, the driver must take off at least 34 hours before getting back behind the wheel.
• Most commercial truck drivers must maintain a logbook where they record their driving hours. These logbooks are subject to inspection by the U.S. Department of Transportation (DOT), and they can be used as evidence following a serious or fatal truck accident. 

Post-Accident Checklist: What to Do (and What Not To Do) After a Truck Accident in Florida

When you are facing the aftermath of a serious truck accident in Florida, there are some important steps you need to take to protect your legal rights. There are also some critical mistakes you need to avoid. Here is a checklist for what to do (and what not to do) if you are recovering from serious accident-related injuries:

• Seek Medical Treatment Promptly (and Follow Your Doctor’s Advice) – Making sure you get the medical treatment you need should be your first priority after a serious truck accident. Once you have a diagnosis and treatment plan, you should follow your doctor’s advice throughout the recovery process.
• Record as Much Information About the Truck Accident as Possible – As soon as you are able, you should record as much information about the truck accident as possible. Take detailed notes, and be sure to save any photos or videos you took at the accident scene.
• Do Not Talk About the Accident with Insurance Adjusters or on social media – You should keep what you know about the accident to yourself. Do not give a recorded statement to any insurance company, and do not post about the accident on social media.
• Start Documenting Your Financial and Non-Financial Losses from the Accident – If you are entitled to compensation for your truck accident, seeking the compensation you deserve will require documentation of your financial and non-financial losses. With this in mind, you should start documenting your losses on a daily basis.
• Do Not Try to Handle Your Situation on Your Own – Seeking compensation for a serious truck accident is a complex, multi-step process that involves conducting an investigation, filing a lawsuit, taking discovery, negotiating with the insurance companies and potentially going to trial. This makes it essential to have an experienced Florida truck accident lawyer on your side.

If you are coping with the tragic loss of a loved one, seeking legal advice should be your top priority. We have represented family members in your situation before, and our lawyers can explain everything you need to know in order to make informed and confident decisions going forward.

Preserving the Available Evidence Will Be Key to Pursuing Just Compensation

Promptly conducting a thorough investigation is one of the key steps involved in seeking just compensation after a serious or fatal truck accident. When you hire a Florida truck accident lawyer to conduct an investigation, your lawyer will seek to preserve any and all evidence that is available. Some examples of type of evidence our lawyers commonly use to seek just compensation for our clients include:

• Forensic Evidence from the Truck Accident Scene – Forensic evidence can include vehicle debris, tire marks, damaged signs and guard rails, and various other forms of physical evidence that are available at the scene of the crash.
• The Truck’s “Black Box” Data – Modern commercial trucks have onboard computers (commonly referred to as “black boxes”) that record speed data, braking data and other key pieces of information that can be crucial for proving why a truck accident happened.
• The Damage to the Truck and Your Vehicle – Along with examining the scene of the accident, examining each of the vehicles involved in the accident can also provide critical insight into why the accident happened and who (or what company) is legally responsible.
• Eye-Witness Testimony, Photos and Videos – If anyone witnessed the truck accident, talking to these eye witnesses and obtaining their testimony, photos and videos could also help with proving your claim for just compensation.
• Traffic or Surveillance Camera Footage – If the truck accident was captured on video by a traffic or surveillance camera, the footage of the accident could potentially be the strongest evidence available to prove that the truck driver, the trucking company or a third party was to blame.

From the truck driver’s employment records and driving log to the trucking company’s internal communications and maintenance records, various other forms of evidence may be available as well. Once your Florida truck accident lawyer files a lawsuit on your behalf, your lawyer will be able to seek to obtain these (and other) additional forms of evidence through the discovery process.

Do Not Fall for the Insurance Companies’ Defense Tactics

When dealing with the aftermath of a serious or fatal truck accident, you need to be very careful to avoid falling for the insurance companies’ defense tactics. They are not on your side, and they will use a variety of tactics to try to avoid paying what they owe. These include:

1. Getting You to Provide Information Voluntarily

You do not have to give a recorded statement to the insurance companies, and you should not do so. You also should not sign a medical release (or any other documents) or provide any other documentation unless your Florida truck accident lawyer says it is okay to do so.

2. Getting You to Say You May Have Been At Fault

Under no circumstances should you acknowledge that you may have been at fault (or even partially at fault) in the accident. The insurance companies frequently try to get victims to admit fault—even though they know that victims are not in a position to accurately assess their legal responsibility on their own.

3. Offering a “Quick Settlement” to Resolve Your Claim

The financial and non-financial losses resulting from a serious or fatal truck accident can be substantial. If an insurance company offers you a “quick settlement” this is almost certainly a sign that they are trying to resolve your claim for much less than you deserve.

Call an Experienced Florida Truck Accident Attorney at Searcy Denney for Help Today

As soon as you or a loved one are in an accident with a large commercial vehicle, it is critical to your case for financial compensation and recovery that you contact an experienced truck accident lawyer as soon as possible. To schedule an appointment with a Searcy Denney truck wreck attorney, contact us online or call us at 800-780-8607 to arrange for your free, confidential consultation at our Tampa, West Palm Beach, or Tallahassee office. No recovery, no fee.

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