Hurt in a Florida Truck Crash? Here Is What Happens Next

A truck accident lawsuit in Florida follows a clear path. It starts with a free first consultation. Next, the case team looks into everyone who may share responsibility. Then a written demand goes to the insurers. A lawsuit is filed only if the parties cannot reach a fair resolution through negotiation.

If you are reading this for a family member, you are not alone. Working out what comes next is hard. This guide walks through each step in plain language.

What a Truck Accident Lawsuit Is and Who It Is For

A truck accident lawsuit asks the people responsible for a crash to pay for the harm it caused. That harm can include:

• Medical bills
• Lost income
• Pain and suffering
• After a death, the losses a family faces

Several people may have a claim:

• Drivers and passengers in the truck or in other vehicles
• Pedestrians, bicyclists, and motorcyclists struck by a truck
• Family members of someone killed in a truck crash

Truck cases cover tractor-trailers, box trucks, delivery vans, and fleet vehicles. This includes Amazon and FedEx trucks.

Truck cases are different from ordinary car crashes. Trucks are heavier. Federal trucking rules can apply. More companies may be involved. Florida’s commercial vehicle safety rules require owners and drivers of certain commercial vehicles to follow federal regulations.

When a crash causes a death, Florida law lets the decedent’s personal representative bring the claim. The personal representative is the person appointed to manage the estate of the person who died. The claim is for the survivors and the estate. See Florida wrongful death parties. Surviving spouses, children, and parents may recover different types of loss. See wrongful death damages.

Step One: The Free Consultation and First Call

The first step is a free, confidential consultation. There is no obligation to continue. You can talk with our lawyers about what happened before you decide anything.

Bring what you have, even if it is incomplete:

• The crash report number, if the police gave you one
• Photos of the scene, vehicles, and injuries
• Letters from insurance companies
• Hospital discharge papers and bills
• Names of witnesses

Expect questions about:

• How the crash happened
• Your injuries
• The treatment you have received
• Any contact with an insurer

Florida requires a long-form crash report to be completed and submitted to the state within 10 days after the investigating officer finishes investigating a crash that resulted in death, personal injury, or any indication of complaints of pain or discomfort, or that involved a commercial motor vehicle. See Florida crash report law. See Florida crash report law.

CHG charges no attorney’s fees and no case costs unless there is a recovery.

How the Firm Investigates Who Is Responsible

The investigation looks at every party who may share responsibility. It does not stop at the driver. Those parties can include:

• The motor carrier (the company that operates the trucks on the road)
• The company that owns or leased the truck
• A broker (a company that arranged the load)
• A delivery contractor
• The maintenance provider

Evidence can disappear quickly. Our team sends preservation letters early. A preservation letter asks a company to keep its records. These letters ask companies to keep:

• Electronic logging device data (records of how long a driver has been on the road)
• Dispatch and delivery records
• Driver qualification files and maintenance logs
• Dashcam or onboard video

Federal rules give investigators a baseline to measure against. Under federal driving-hour limits, a driver may not drive without first taking 10 consecutive hours off duty. Off duty means not working or driving.

See post-accident testing rules.

Timing matters. These records are time-sensitive.

Some claims may also reach brokers. A U.S. Supreme Court ruling held that a state-law claim is not preempted by federal law. In other words, federal law does not block the claim. So Montgomery’s negligent-hiring claim falls within the FAAAA’s safety exception, which saves it from preemption.

Crash reconstruction (a detailed study of how the crash happened) and outside witnesses may help explain what happened.

Florida Deadlines and Fault Rules to Know

Florida sets filing deadlines. They can be shorter than many people expect. Deadlines apply, and they vary by type of claim. Contact us promptly.

The time to sue runs under specific rules. See Florida filing deadlines.

Fault also matters. Florida divides damages by each party’s percentage of fault. See Florida comparative fault law.

In a negligence action, a party found more than 50 percent at fault for their own harm may not recover any damages. Fla. Stat. § 768.81 reads: “This subsection does not apply to an action for damages for personal injury or wrongful death arising out of medical negligence pursuant to chapter 766.”

Early contact helps. Evidence and records fade over time.

Follow your doctors’ care. Keep every medical appointment. Treatment records are central to any claim. Missed visits can be used against an injured person.

The Claim Timeline: From Demand Letter to Lawsuit

A typical claim moves in this order:

1. Investigation
2. Demand and negotiation
3. Lawsuit, only if needed

Timelines vary widely. No timeline is promised.

• Investigation (weeks to months): Records are gathered. Medical treatment is written down. The claim is presented to the insurer.
• Demand and negotiation: A written demand goes to the insurer and the responsible parties. Both sides then negotiate, meaning they talk and try to agree.
• You decide with your lawyer whether to file.
• Discovery: Both sides exchange records. They also take depositions. A deposition is a recorded question-and-answer session under oath. Drivers and company representatives may give depositions.
• Mediation or trial: Many Florida civil cases go through mediation before trial. Mediation is a meeting with a neutral person who helps both sides settle. Cases that do not settle may go to trial.

Wrongful Death After a Truck Crash

Families facing a fatal truck crash often have questions before they have answers. The law lets survivors pursue damages for their loss. Damages means money paid to make up for a loss. A lawyer can explain which rules apply to your family’s situation.

Why Choose CHG Personal Injury Lawyers

CHG Personal Injury Lawyers is a Florida-based personal injury firm. We serve people throughout Florida, including Miami, Orlando, Tampa, and Jacksonville.

• Our lawyers are licensed and admitted to The Florida Bar.
• Igor Hernandez is the responsible lawyer for this page.
• The firm takes personal injury cases of every severity. These range from everyday crashes to catastrophic injuries and wrongful death.
• We offer bilingual English and Spanish educational resources.

Some matters may be referred to, or handled together with, another law firm. We will tell you if that happens.

No result can be promised. Past results do not predict future ones. Each case turns on its own facts.

Frequently Asked Questions

Talk With Our Team About Your Truck Accident

If you are still deciding whether to speak with a lawyer, you are in a common place. Many people read about the truck accident lawsuit process while caring for a relative they did not expect to care for.

The key decision is often timing. Talking with a lawyer before an insurer’s recorded statement or settlement offer can help you understand your options.

To start, reach us through our contact page for a free, confidential, no-obligation first consultation.