When a Truck Crash Takes Someone You Love

Fatal Truck Accident Wrongful Death Lawyer Serving Florida Families

Did a truck crash take someone you love? Your family may have the right to bring a wrongful-death claim in Florida. And you don’t have to face the trucking company or its insurers alone. A fatal truck accident lawyer in Florida can hold the responsible parties accountable. That frees you to grieve and heal.

No lawsuit brings back the person you lost. This page is for the people left behind. Below, we explain in plain language what a claim is. We cover who can file one, what it may pay for, and how the process works.

You owe nothing to talk with us. Contact CHG Personal Injury Lawyers for a free, private case evaluation. We help families across Florida — Miami, Orlando, Tampa, and Jacksonville. We take cases nationwide.

Why large-truck crashes are so often deadly

Physics is unforgiving. Under federal limits, a loaded tractor-trailer can weigh up to 80,000 pounds. That is roughly 20 to 30 times the weight of a typical car. When that weight hits a smaller vehicle, the people in the car absorb most of the force.

The federal government confirms the pattern. The Federal Motor Carrier Safety Administration publishes a report called Large Truck and Bus Crash Facts. It shows that most people killed in large-truck crashes are in the other vehicle, not the truck. That is why these crashes so often turn fatal. And it is why the family left behind usually bears the loss.

These cases involve large commercial vehicles. Think semis, 18-wheelers, tractor-trailers, box trucks, tankers, and delivery trucks. They differ from an ordinary car crash in ways that matter to your family:

• Federal safety rules apply to interstate trucking companies.
• More than one company or person may share the blame.
• Trucking insurance policies are usually far larger than personal car policies.
• Key evidence is complex and can disappear within days.

A wrongful-death claim is also separate from any criminal case. The state may charge a driver with a crime. That is not the same as your family’s civil claim. Your civil claim seeks money and accountability. A lawyer cannot control the criminal case. But a lawyer can pursue the civil claim for you.

Who can file a wrongful death claim in Florida

The claim is filed under the Florida Wrongful Death Act (Fla. Stat. §§768.16–768.26). The personal representative of the deceased person’s estate files it. This is the person the court puts in charge of the estate. But the recovery is for the surviving family, not just the estate.

Florida law defines who may recover as a “survivor” (Fla. Stat. §768.18). Survivors can include:

• The surviving spouse
• The children (Florida law treats minor children — those under 25 — differently from adult children for certain damages)
• The parents
• Certain blood relatives and adoptive siblings who depended on the deceased, in whole or in part, for support or services

Can family members of someone killed in a truck accident file a claim? Yes. Eligible survivors recover through the estate’s personal representative, who acts for them.

Has your family not yet opened an estate or named a personal representative? That’s normal — most families haven’t. We explain how that step works. Not sure whether you qualify? A free case evaluation can answer that quickly.

What compensation a Florida wrongful death claim may cover

Florida splits the losses into two groups. There is what the survivors lose. And there is what the estate loses (see §768.21).

Survivors’ damages can include:

• Loss of financial support and services the deceased provided
• Loss of companionship, guidance, and protection for a surviving spouse and children
• Mental pain and suffering — for a spouse, for children, and for parents of a deceased minor child (and, in some cases, parents of an adult child when there is no other survivor)
• Medical and funeral costs a survivor paid personally

The estate’s damages can include lost earnings from the injury to the death. They can also include lost net accumulations. That means what the person likely would have saved or left behind. And they can include medical and funeral bills charged to the estate.

The categories depend on your relationship to the person who died. So a surviving spouse’s claim looks different from a minor child’s, an adult child’s, or a deceased minor’s parents’. We match these legal categories to your family’s real situation.

Every case is different. No lawyer can promise or guarantee a specific outcome. Our goal is accountability and stability for your family’s future.

Who may be legally responsible after a fatal truck crash

More than the driver may be liable. Finding every responsible party is one of the most important parts of a truck case. Possible defendants include:

• The truck driver
• The trucking company (the motor carrier)
• The company that owns the truck or trailer
• A maintenance or repair contractor
• The company that loaded or shipped the cargo
• A freight broker
• A parts maker, if a defect helped cause the crash

A company can be responsible for its employee-driver’s on-the-job conduct. This is called vicarious liability — being legally responsible for what an employee does. A carrier may also be liable on its own for negligent hiring, training, keeping, or supervising a driver. For example, it may have put a driver with a known unsafe record back on the road.

Why does this matter to your family? More responsible parties often mean more available insurance. That can mean a more realistic path to a full recovery.

A note on Florida’s comparative-fault rule

Trucking insurers often argue the person who died was partly at fault. Florida law matters here. In March 2023, Florida changed its comparative-negligence rule under Fla. Stat. §768.81. It moved to a modified comparative-negligence system. This means a claimant found more than 50% at fault for their own harm generally cannot recover. Below that line, the recovery is reduced by the percentage of fault assigned. This is exactly why it matters to document how the crash happened. And it is why we push back on an insurer’s blame-shifting. We handle that argument for you.

Federal and Florida trucking rules that can strengthen your case

Interstate trucking companies must follow the Federal Motor Carrier Safety Regulations (49 C.F.R. Parts 350–399). These are enforced by the Federal Motor Carrier Safety Administration (FMCSA). When a company breaks these rules, that can be strong evidence of negligence.

These rules cover:

• Hours-of-service limits that fight driver fatigue
• Mandatory rest breaks
• Drug and alcohol testing
• Driver qualification standards
• Vehicle inspection, repair, and maintenance
• Cargo securement (how loads are tied down)

Modern trucks record a lot of data. An electronic logging device (ELD) records driving hours automatically. The FMCSA’s ELD mandate requires it. GPS and telematics can show speed and location. Together, these records can reveal fatigue, speeding, or a driver on the road longer than the law allows.

Why acting quickly matters: the black box and the insurer’s rapid-response team

Critical evidence can disappear within days. The truck’s “black box” is the engine control module (ECM). It records data like speed, braking, and throttle in the moments before a crash. But it can be overwritten when the truck goes back in service.

Other evidence that can vanish includes:

• Driver logs and inspection records
• Dashcam and nearby business video (often overwritten in days)
• Truck maintenance and repair history
• Physical evidence at the scene

One of our first steps is to send a legal preservation (spoliation) letter. This letter tells the trucking company not to destroy or overwrite these records.

Meanwhile, the trucking company’s insurer often sends a rapid-response team to the scene within hours. That team works to protect the company, not your family. Your family deserves its own advocate just as early. Contact us now so we can move to preserve the evidence.

How the process works, step by step

1. Free case evaluation. You tell your story. We listen and explain your options.
2. Investigation. We secure crash evidence, ECM data, logs, and witness accounts. We hire accident-reconstruction and other experts as needed.
3. Open the estate. We help set up the estate and personal representative so the claim is filed correctly under Florida law.
4. Build damages. We document your family’s survivor and estate losses in detail.
5. Demand and negotiate. We present the claim to the insurers and push for a fair resolution.
6. File suit and litigate. If a fair offer doesn’t come, we file a lawsuit and prepare for trial.

Complex truck cases can take months to years. We set honest expectations and stay in touch throughout.

How long you have to file in Florida

Florida generally requires a wrongful-death lawsuit within two years of the date of death. This deadline is called the statute of limitations. It is set by Fla. Stat. §95.11(4)(e).

Certain facts can shorten or extend this window. Missing it usually ends the claim entirely. This is general information, not legal advice about your situation. Please reach out promptly so we can confirm the deadline that applies to your family.

How our fees work

You pay no attorney’s fee unless we recover money for your family. We handle these cases on a contingency fee, with no up-front cost to you. The first case evaluation is free. We explain the specific terms in writing before you sign anything. We cannot guarantee any particular outcome.

Why families choose CHG Personal Injury Lawyers

We focus on catastrophic and fatal-injury cases — including fatal truck crashes — not routine claims. That focus matters when you’re up against a large trucking company and its insurers.

• Credentials: Our attorneys are licensed and admitted to The Florida Bar.
• Resources: We have the tools to investigate serious commercial-truck cases.
• Approach: Caring, plain-language guidance in English and Spanish. Your family can grieve while we handle the legal fight.
• Reach: We serve Miami, Orlando, Tampa, and Jacksonville, and take cases nationwide.

Schedule your free, confidential case evaluation.

Frequently asked questions

Talk to a fatal truck accident lawyer serving Florida families

Losing someone you love in a truck crash is among the most catastrophic losses a family can face. You deserve answers, dignity, and someone in your corner.

Working with a fatal truck accident lawyer in Florida costs nothing up front. You pay no fee unless we recover for your family. We carry the legal burden so you can focus on each other.

Contact CHG Personal Injury Lawyers today for a free, confidential case evaluation. You can also learn more about our work on truck accident claims and catastrophic injury claims.