Lost a Loved One in a FedEx Truck Crash? You Do Not Have to Face the Claims Process Alone

FedEx Truck Accident Wrongful Death Florida | CHG

This guide explains FedEx truck accident wrongful death claims in Florida. It uses plain language.

If a FedEx truck caused a death, Florida law may let your family seek money for its losses. A claim like this lets survivors pursue damages. It applies when someone else’s negligence (carelessness) caused the death.

In this guide, we explain:

• who can bring the claim
• who may be responsible
• what evidence matters
• what happens next

Wrongful Death After a FedEx Truck Crash: What the Claim Is and Who Can Bring It

A wrongful death claim is brought when someone else’s negligence causes a death.

Florida’s rules are in the Florida Wrongful Death Act. They appear in sections 768.16 through 768.26 of the Florida Statutes.

A FedEx crash may involve a delivery van, a box truck, or a semi-trailer. The claim focuses on the death and the family’s losses. It does not focus only on the crash itself.

Sections 768.16-768.26 are cited as the Florida Wrongful Death Act. Under section 768.20, the claim is brought by the decedent’s personal representative. The decedent is the person who died. The personal representative is the person who handles the deceased’s estate.

That person files for the benefit of the survivors and the estate under section 768.20. This follows Florida’s parties rule. This follows Florida’s parties rule.

Survivors named in the law include a surviving spouse, children, and, in certain cases, parents.

Losing someone in a crash is devastating. You do not have to sort out the legal steps alone.

Who May Be Held Responsible When a FedEx Truck Is Involved

Yes, a claim may be possible against FedEx, the driver, a contractor, or more than one party.

What matters most is who employed, contracted, owned, or maintained the truck. The facts of the crash matter too.

This is a legal rule.

Some FedEx deliveries are made by independent contractors and third-party delivery companies. Who is responsible can depend on those relationships and the contracts involved.

Other parties may play a role too. These can include:

• a vehicle maintenance provider
• a cargo loader
• a maker of a defective part

Each party’s role depends on the facts. Our team can review those facts with you early on.

Evidence That Often Matters Most in These Cases

Records that show what the truck and driver were doing before the crash often matter most. Ask that these records be preserved as soon as possible.

• Police and crash reports. Florida requires a Florida Traffic Crash Report, Long Form, within 10 days after an investigation is completed of a crash that resulted in death, personal injury, or any indication of complaints of pain or discomfort, or that involved a commercial motor vehicle. The people involved and their legal representatives may get a copy (Florida crash report law).
• Photos, video, and witnesses. Scene photos, dash camera footage, and witness names and phone numbers can disappear quickly.
• Medical and coroner records. These arrive over time. Ask for them as they become available.
• Trucking company records. Federal rules require a driver qualification file for each driver (driver qualification rule). They also require duty-status records for each 24-hour period (duty-status rule). Inspection and maintenance records are required for each vehicle (maintenance rule).

Claims about driver fatigue, speeding, or poor maintenance are allegations. An allegation is a claim that still must be proven.

Allegations must be backed by evidence. They are not conclusions.

A written request to preserve evidence can help keep records from being lost or overwritten.

What Families May Seek to Recover Under Florida Law

Florida law lets survivors seek money for financial losses. It also lets them seek money for the loss of their loved one’s presence in their lives.

The Florida damages statute sets out who may recover what. Under it, the categories include:

• Medical and funeral expenses paid by a survivor or by the estate.
• Lost support and services. This means what the deceased would have provided to family members. For future losses, the amount is reduced to present value (adjusted to today’s dollars); lost support and services from the date of injury to death are recovered with interest.
• Loss of companionship and protection, plus mental pain and suffering, for a surviving spouse.
• Lost parental companionship, instruction, and guidance, plus mental pain and suffering, for minor children, and for all children of the decedent if there is no surviving spouse.
• Mental pain and suffering for parents of a deceased minor child. Parents of an adult child may recover it only if there are no other survivors.

Punitive damages may be available in some cases. They are not available in every case.

Florida law requires clear and convincing evidence (strong proof) of intentional misconduct or gross negligence (a very serious level of carelessness). See the Florida punitive damages statute.

Florida also applies comparative fault (Fla. Stat. § 768.81(6)). This means each person’s share of blame is compared.

Under the comparative fault statute, a party found more than 50 percent at fault for their own harm may not recover any damages in a negligence action. This does not apply to an action for personal injury or wrongful death arising out of medical negligence pursuant to chapter 766.

How the Process Works, Step by Step

Most cases move through five general stages. Timing varies widely. The steps below describe a typical path, not a fixed schedule.

1. Free, confidential first consultation. The family shares the basic facts. There is no obligation to continue.
2. Evidence preservation and investigation. Our team requests records. We review the crash scene and vehicle data. We work with medical and accident investigators as needed.
3. Identifying responsible parties and insurance. We identify each party and insurer that may be involved. Then we prepare a claim presentation.
4. Negotiation. Settlement talks can happen at any stage. Every offer is reviewed with the family before any decision is made.
5. Lawsuit, if needed. If a fair resolution is not reached, a lawsuit is filed in the appropriate Florida court. The case then moves into discovery (the exchange of information) and depositions (sworn questioning outside court). It may then move to mediation (a guided settlement meeting) or trial.

We explain the expected steps for your family’s situation at the start.

Florida Deadlines and Why Early Action Matters

For most Florida negligence lawsuits, the deadline to file is two years. That rule is found in Florida’s limitations statute.

Other deadlines or exceptions can apply. They depend on the facts and the parties involved.

Claims against a government agency can follow different rules. Families should not assume one deadline fits every claim.

Time also works against evidence. Witnesses move. Footage is overwritten. Records get discarded.

Early preservation and a timely consultation protect your options while the facts are still available.

Deadlines apply. Contact the firm promptly rather than waiting.

Why Families Bring Their Case to CHG Personal Injury Lawyers

CHG Personal Injury Lawyers is a Florida-based personal injury firm. It handles car, truck, and other accident claims, including wrongful death, for people across Florida. The firm takes personal injury cases of every severity, from everyday crashes to catastrophic injuries and deaths.

Attorneys at the firm are licensed and admitted to practice in Florida. Igor Hernandez is the responsible lawyer for this page.

Our lawyers and team handle the investigation, the insurance and company side, and the court process. That lets families focus on their loss and on each other.

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

Frequently Asked Questions