Fort Lauderdale Truck Accident Lawyer

A crash with an 18-wheeler, fuel tanker, dump truck or delivery van is not a regular car accident. The vehicles are many times heavier, the injuries are usually more serious, and the other side often has a trucking company, a broker and an insurance adjuster working on the case within hours.

Truck Accident Lawyer Serving Fort Lauderdale

Attorney Tomas Robirosa represents people hurt in truck crashes throughout Fort Lauderdale and Broward County from our Miami Beach office. We can meet by phone, video or WhatsApp, and office meetings in Miami Beach are by appointment. Every consultation is free, and we handle injury cases on a contingency basis: no fee unless we recover. Hablamos español.

Where Truck Crashes Happen Around Fort Lauderdale

Fort Lauderdale sits where several of South Florida's busiest freight routes meet:

• I-95, with heavy truck traffic at the State Road 84, Broward Boulevard, Sunrise Boulevard and Commercial Boulevard exits.
• I-595, which connects Florida's Turnpike, State Road 84 (Marina Mile), I-95 and US 1.
• Florida's Turnpike and the Sawgrass Expressway through western Broward.
• US 1 (Federal Highway) and State Road 84, where trucks share the road with local traffic, buses and scooters.

Port Everglades adds a lot of that traffic. The port spans Fort Lauderdale, Hollywood and Dania Beach, sits next to I-595, I-95 and the Turnpike, and stores and distributes about one-third of Florida's energy. Tanker trucks load fuel there and deliver it to gas stations across South Florida, and the port is also one of the country's busiest container ports. Add Amazon, FedEx and UPS vans on neighborhood streets, and trucks are part of almost every Fort Lauderdale commute.

Why Truck Cases Are Different From Car Cases

More than one party may be responsible. Besides the driver, the trucking company, the company that loaded the cargo, a freight broker, a maintenance shop or a parts manufacturer may share the blame. Each one may have its own insurance.

Federal safety rules apply. Most commercial truck drivers must follow Federal Motor Carrier Safety Administration (FMCSA) rules. For example, a property-carrying driver generally may drive no more than 11 hours after 10 consecutive hours off duty, may not drive past the 14th hour after coming on duty, and must take a 30-minute break after 8 hours of driving. Since December 2017, most trucks have had to record hours on an electronic logging device (ELD). A violation of these rules can be strong evidence of negligence.

The insurance is different. Federal rules require for-hire interstate carriers to carry at least $750,000 in liability coverage for general freight, and $1,000,000 or $5,000,000 for certain hazardous loads. That matters when injuries are serious.

The evidence disappears fast. ELD data, the truck's engine "black box," dashcam video, driver logs, drug and alcohol test results and maintenance records can be overwritten or discarded. One of the first things we do is send a written demand that the company preserve all of it.

Common Causes of Truck Accidents

• Driver fatigue and hours-of-service violations
• Phone use and other distracted driving
• Speeding or following too closely for the truck's stopping distance
• Unsafe lane changes and blind-spot ("no-zone") crashes
• Wide right turns that trap cars and motorcycles
• Overloaded or unsecured cargo, including shifting loads and spills
• Brake, tire and lighting failures from poor maintenance
• Inexperienced or poorly trained drivers

Florida Rules That Affect Your Truck Accident Claim

PIP pays first. If you were in a car, your own personal injury protection (PIP) coverage generally pays 80% of reasonable medical bills and 60% of lost income, up to $10,000, no matter who caused the crash. To use it, you generally must get medical care within 14 days. Serious injuries often go far beyond $10,000, which is why the trucking company's coverage matters.

Shared fault. Under Florida's modified comparative fault rule (in effect since March 24, 2023), your compensation is reduced by your share of fault, and if you are found more than 50% at fault you generally recover nothing. Trucking insurers often try to push blame onto the other driver for exactly this reason.

Deadlines. For most crashes after March 24, 2023, Florida generally gives you 2 years to file a negligence lawsuit. Claims against a government agency follow special notice rules, which is a tricky, case-specific area of law. Every case is different, so speak with an attorney to confirm the deadline that applies to you.

What to Do After a Truck Crash in Fort Lauderdale

1. Call 911 and get medical care, even if you feel okay. Adrenaline hides injuries.
2. If you can, photograph the truck, its USDOT number, the company name on the door, the trailer, the scene and your injuries.
3. Get the names and phone numbers of witnesses.
4. Do not give a recorded statement to the trucking company's insurer or sign anything before you get advice.
5. Keep your medical records, bills and proof of missed work.
6. Call us. The sooner the evidence is preserved, the stronger your claim.

Seriously injured people in Broward are often taken to Broward Health Medical Center on South Andrews Avenue or Memorial Regional Hospital in Hollywood, both Level I trauma centers. Your medical records from the first visit are important evidence, so tell the doctors about every symptom.

Where a Fort Lauderdale Truck Case Is Handled

Most truck accident claims settle without a trial, but the case has to be ready for court to get a fair offer. Lawsuits filed in Broward County state court are heard in the Seventeenth Judicial Circuit, whose main courthouse is the Central Judicial Complex at 201 SE 6th Street in downtown Fort Lauderdale. Depending on the parties, some truck cases are filed in federal court instead. We explain the options before anything is filed.

How We Help After a Truck Accident

• Send preservation letters and gather the ELD, black box, dashcam and maintenance records
• Identify every responsible company and every insurance policy
• Deal with the adjusters so you can focus on getting better
• Document your medical care, lost income and how the injuries affect your life
• Negotiate a settlement, and file a lawsuit if the insurer won't be fair
• Explain every step to you in English or Spanish

Learn more on our truck accident lawyer page, see our Fort Lauderdale car accident and personal injury page, or read about Fort Lauderdale motorcycle accidents.

Frequently Asked Questions