When a Truck Crash Takes a Loved One, Your Family Deserves Answers

Truck Accident Death Lawyer in Florida | CHG

If a semi-truck, box truck, or delivery truck killed someone you love, Florida law may allow certain family members to bring a wrongful death claim. This kind of claim seeks payment for losses caused by another party’s wrongful act.

This page explains:

• Who can file
• What the claim can cover
• Who may share responsibility
• Which deadlines matter

A truck accident death lawyer can help you answer these questions while you grieve. Deadlines apply to every case. Learning your options early helps.

When a Truck Crash Takes a Loved One: Who a Fatal Truck Accident Claim Is For

A fatal truck accident claim is brought for the family and estate of someone killed because of another party’s wrongful act. The estate is the person’s property and debts after death. The Florida Wrongful Death Act governs these claims.

The Act can apply to crashes involving a semi-truck, box truck, or delivery van on a Florida road.

Florida law keeps the at-fault party responsible even after the injured person dies. Under § 768.19, a party who would have been liable had death not occurred remains liable for damages. “Damages” means money a court awards to make up for a loss.

The claim is filed by the decedent’s personal representative. The decedent is the person who died. The personal representative is the person who handles the estate. Under § 768.20, that person recovers for the benefit of the survivors and the estate.

Florida defines “survivors” in § 768.18.

• Survivors include the spouse, children, and parents; a child born out of wedlock of the father is included only if the father has recognized a responsibility for the child’s support.
• Blood relatives and adoptive brothers and sisters can also qualify.
• They qualify when they depended on the person for support or services.

A family does not have to wait for a criminal case to finish before speaking with a lawyer. A wrongful death claim is a civil matter. That means it is a private lawsuit for money. It is separate from a criminal case.

Common Causes of Fatal Truck Crashes

Most fatal truck crashes have a cause that takes investigation to find. Families often hear about several possible causes:

• Driver fatigue and hours-of-service violations (driving longer than federal rules allow)
• Speeding, impaired driving, or distracted driving
• Brake, tire, or other maintenance failures
• Cargo that was overloaded or not secured

Federal rules limit how long a commercial driver may drive. The federal hours-of-service rules for commercial drivers are set out in 49 CFR § 395.3:

• A driver may not drive without first taking 10 consecutive hours off duty.
• A driver may drive a total of 11 hours during the period specified in paragraph (a)(2) of this section (49 CFR § 395.3).
• Except for drivers who qualify for either short-haul exception in § 395.1 (the 150 air-mile radius exception, or the one for drivers of property-carrying trucks that do not require a commercial driver’s license), driving is not permitted once more than 8 hours of driving time pass without at least a consecutive 30-minute interruption in driving status (49 CFR § 395.3(a)(3)(ii)). Under § 395.1, a qualifying short-haul driver is exempt from the requirements of §§ 395.8 and 395.11.

Federal law lets regulators set rules for driver qualifications, hours of service, and equipment safety. Driver logs and electronic logging device data can show whether those limits were followed.

Florida requires a Florida Traffic Crash Report, Long Form, after many crashes that cause death or injury. Under § 316.066, the report goes to the state within 10 days after the officer completes the investigation.

The police report is a starting point. It is not the final answer on cause.

Crashes involving Amazon and FedEx delivery trucks raise the same questions. Families should ask about driver schedules, vehicle upkeep, and who controlled the route.

Who Can Be Held Responsible in a Fatal Truck Crash

More than one party can share responsibility in a fatal truck crash. Possible parties include:

• The driver
• The company that employed or dispatched the driver
• The company that owns or leases the truck
• The cargo loader
• Maintenance or repair contractors

Florida divides fault by percentage. Under § 768.81, the court enters judgment against each liable party. A judgment is the court’s final decision. Each party’s judgment is based on that party’s percentage of fault.

Because Florida does not use the doctrine of joint and several liability in these cases, each party pays only its own share of fault, so finding every responsible party is important.

Families sometimes worry that the person who died was partly at fault. Under the same statute, a party found more than 50 percent at fault for their own harm may not recover any damages. A lawyer can review how that rule could apply to the facts of the crash.

Insurance can come from more than one place. A company’s policy and a driver’s personal policy may both be relevant. The insurance picture needs a careful review.

What a Wrongful Death Claim Can Cover

A Florida wrongful death claim can seek money for losses that survivors and the estate suffered because of the death. Under § 768.21, the categories include:

• Lost support and services: financial support and household help the person would have provided.
• Loss of companionship: a surviving spouse may recover for loss of companionship and protection. The spouse may also recover mental pain and suffering.
• Parental guidance: minor children of the decedent, and all children of the decedent if there is no surviving spouse, may recover for lost parental companionship, instruction, and guidance. They may also recover mental pain and suffering.
• Parents of a minor child: each parent may recover for mental pain and suffering.
• Medical and funeral bills: expenses paid by a survivor can be recovered.
• Estate losses: the estate may recover lost earnings from the date of injury to the date of death, less lost support of survivors excluding contributions in kind, with interest.

The damages in each case depend on who the survivors are and what they lost. Each family’s claim is reviewed on its own facts.

How the Process Works, From the First Call to Resolution

The process starts with a free, confidential first consultation. It then moves through evidence, investigation, the claim, and either negotiation or a lawsuit. “Resolution” means the claim is finished, either by agreement or by a court decision.

1. First consultation. The family shares basic facts and documents. The consultation is free and confidential, with no obligation to continue.
2. Preserve evidence. Letters can ask the trucking company to keep electronic logging device data, dash camera video, maintenance records, and driver qualification files.
3. Investigate. Review the crash report, scene information, and medical records. When needed, accident reconstruction professionals can explain how the crash happened.
4. Identify parties and insurers. Find every party that may share responsibility and every policy that may apply.
5. Present the claim. Document the family’s losses and present the claim to the insurers.
6. Negotiate or file suit. If the claim does not resolve, a lawsuit can be filed in Florida court. The family stays informed at each stage.

Timelines vary with the facts, the number of parties, and whether the case settles or goes to trial. CHG charges no attorney’s fees and no case costs unless there is a recovery.

Florida Deadlines That Apply to a Truck Death Claim

Florida sets filing deadlines for wrongful death claims. A filing deadline is the last day a claim can be filed in court. These deadlines apply to every case. Under § 95.11, Florida sets time limits for many civil actions. The list includes an action for wrongful death.

Some cases carry extra rules. If a government agency owned a vehicle or road involved in the crash, separate notice rules can apply. Those rules can be shorter and more technical than standard deadlines.

Evidence can also disappear quickly after a crash. Families should contact a lawyer promptly. This helps make sure records, video, and vehicle data can be requested in time.

Why South Florida Families Contact CHG Personal Injury Lawyers

CHG Personal Injury Lawyers is a Florida-based personal injury firm. It represents people and families throughout Florida, including communities such as Miami, Hialeah, and Fort Lauderdale.

• Our lawyers are licensed to practice law and admitted to The Florida Bar. Igor Hernandez is the responsible lawyer for this page.
• The firm handles wrongful death, truck accidents, motorcycle accidents, car accidents, and other injuries of every severity.
• Our team explains each step in plain language and answers questions directly.
• The process centers on the family. You will get updates at each stage about what happens next.

Frequently Asked Questions About Truck Accident Death Claims

Talk With a Florida Truck Accident Lawyer About Your Family’s Next Steps

If a truck crash took your loved one’s life, you can talk with our team about your options now. You may be planning a funeral, caring for children, and wondering whether a claim is possible. You do not have to make those decisions alone.

Contact CHG Personal Injury Lawyers at chglawyers.com/contact-us for a free, confidential first consultation with no obligation to continue.