A crash with an 18-wheeler, box truck, dump truck, or delivery van is not the same as an ordinary car accident. Trucks are heavier, the injuries are often more serious, and the case can involve a trucking company, its insurer, and federal safety rules. Miami truck accident lawyer Tomas Robirosa helps injured people in Miami-Dade, Broward, and Palm Beach counties understand their rights and pursue the compensation Florida law allows. Se habla español.
What to Do After a Truck Accident in Miami
Your health comes first. Call 911, get medical care right away, and follow your doctor's instructions. Under Florida's no-fault law, your Personal Injury Protection (PIP) benefits generally pay only if you receive initial medical treatment within 14 days of the crash, so do not wait to be seen.
If you are able to do so safely, these steps can protect your claim:
- Get the truck driver's name, license, and insurance information, plus the name of the trucking company and the USDOT number on the cab door.
- Photograph the vehicles, the truck's markings and license plates, skid marks, debris, road conditions, traffic signals, and your injuries.
- Collect names and phone numbers of witnesses.
- Ask for the police report number from the responding agency.
- Do not give a recorded statement to the trucking company's insurer before speaking with a lawyer.
Why evidence in truck cases disappears quickly
Most interstate trucks record driving time on an electronic logging device (ELD). Federal rules require carriers to keep hours-of-service records and supporting documents for at least six months. Trucks may also store engine and speed data, dash-camera footage, dispatch messages, and maintenance records. Because this information can be overwritten or discarded, an early written request to preserve evidence (often called a spoliation letter) can be critical.
Why truck accident claims are different from car accident claims
- More than one party may be responsibleThe driver, the motor carrier, the company that loaded the cargo, a maintenance contractor, or the owner of the trailer may share fault.
- Federal safety rules applyThe Federal Motor Carrier Safety Administration (FMCSA) regulates driver hours, inspections, and recordkeeping for interstate carriers.
- Insurance limits are usually higherFederal rules generally require interstate carriers of general freight to carry at least $750,000 in liability coverage, and Florida sets its own minimums for heavier commercial vehicles.
- The trucking company acts fastCarriers and their insurers often send investigators to the scene within hours. You deserve someone looking out for you, too.
Common Truck Accident Injuries
- Traumatic brain injuriesThe force of a collision with a heavy truck can cause serious head trauma.
- Spinal cord injuriesCrashes with large trucks can cause injuries to the spine and nerves.
- Multiple fracturesOccupants of smaller vehicles often suffer several broken bones.
- Internal injuriesBlunt force can injure internal organs, which may not be obvious at first.
How We Handle Truck Accident Cases in Miami-Dade, Broward, and Palm Beach
Every case starts with listening to you. We review the police report, your medical treatment, the insurance policies involved, and the evidence from the scene. Then we identify every party that may be responsible and every source of insurance that may apply.
Common causes of truck crashes
- Driver fatigueFederal hours-of-service rules generally limit property-carrying drivers to 11 hours of driving after 10 hours off duty, prohibit driving after the 14th hour on duty, and require a 30-minute break after 8 hours of driving.
- Poor maintenanceof brakes, tires, lights, or coupling equipment.
- Overloaded or improperly secured cargothat shifts or spills.
- Wide turns and blind spots(the "no-zones" around a tractor-trailer).
- Speeding, tailgating, and unsafe lane changeson highways such as I-95, I-75, the Florida Turnpike, the Palmetto Expressway (SR 826), and the Dolphin Expressway (SR 836).
- Distracted or impaired driving
Florida laws that can affect your truck accident claim
- Deadline to fileFor most negligence claims arising after March 24, 2023, Florida's statute of limitations is two years. Waiting can cost you your case.
- Shared faultFlorida uses modified comparative negligence. If you are found more than 50% at fault, you cannot recover damages; at 50% or less, your recovery is reduced by your percentage of fault.
- PIP and the injury thresholdPIP pays first for medical bills and lost wages up to your policy limits. To recover pain and suffering from the at-fault party, Florida law generally requires a significant and permanent injury, significant and permanent scarring or disfigurement, or death.
Amazon, FedEx, UPS, and delivery truck accidents
Delivery trucks and vans are on every residential street in South Florida, and their drivers are often under tight schedules. Many package delivery vans are operated by contracted delivery companies rather than by the retailer itself, so a single crash may involve the driver, the delivery contractor, the company whose packages were being delivered, and several insurers. We request the contracts and insurance policies to find every source of coverage.
What compensation may be available
Depending on the facts, an injured person may be able to seek medical expenses (past and future), lost wages and lost earning capacity, pain and suffering, and property damage. We never promise a result, but we work to make sure no category of loss is overlooked.
Florida Law at a Glance- See a doctor within 14 days: in a motor vehicle crash, Personal Injury Protection (PIP) benefits generally require initial medical treatment within 14 days.
- Deadline to sue: for most negligence claims arising after March 24, 2023, Florida’s statute of limitations is two years.
- Shared fault: Florida uses modified comparative negligence. If you are found more than 50% at fault, you cannot recover damages; at 50% or less, your recovery is reduced by your share of fault.
How We Handle Your Case
- Step 1Free consultationWe listen to what happened, answer your questions, and explain your options in plain language, in English or Spanish.
- Step 2InvestigationWe gather the police or incident report, photos, video, witness statements, and every insurance policy that may apply.
- Step 3Documenting your lossesWe organize your medical records and bills, lost income, and other losses so nothing is overlooked.
- Step 4Negotiation or lawsuitWe present your claim to the insurance company and negotiate. If a fair resolution is not offered, we are prepared to file suit.
Frequently Asked Questions
Who can be held liable for a truck accident in Florida?
Liability depends on the facts. It may include the truck driver, the motor carrier that employed or contracted the driver, the owner of the truck or trailer, the company that loaded the cargo, or a maintenance provider.
How long do I have to file a truck accident lawsuit in Florida?
For most negligence claims arising after March 24, 2023, the deadline is two years from the date of the crash. Some claims have different deadlines, so talk to a lawyer as soon as possible.
Do I have to pay anything to talk to a lawyer?
No. Consultations are free, and personal injury cases are handled on a contingency fee basis, which means there is no attorney's fee unless there is a recovery.
Can I speak to the lawyer in Spanish?
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