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

In Florida, the family of someone killed in a FedEx truck crash may be able to bring a wrongful death claim. This kind of claim seeks money for the losses the family and the estate suffered. Grief comes first. But hard decisions and deadlines follow quickly. This guide explains who can file, what the claim can cover, who may be responsible, and what happens next.

What a FedEx Truck Accident Wrongful Death Claim Is, and Who It Is For

A wrongful death claim is a lawsuit. A family brings it after a death caused by another party’s negligent or wrongful act. Negligence means failing to use reasonable care.

Florida calls its law the Florida Wrongful Death Act. The law applies when the person who died could have sued for their own injuries had they lived (§ 768.19).

FedEx-branded trucks may be driven by FedEx employees. They may also be driven by independent contractor drivers. That difference affects who may be named in a claim. So it matters early.

This page serves two groups. The first is families grieving a loss who are deciding whether to act. The second is people seriously hurt in a FedEx truck crash who want to understand the options for their families. We treat every fatal crash with care. Our focus stays on the family left behind and the steps they can take next.

Who Can Bring a Wrongful Death Claim in Florida?

The claim is brought by the personal representative of the person who died. The personal representative is the person who manages the estate. That person recovers for the survivors and the estate. Fla. Stat. § 768.20 says the action “shall be brought by the decedent’s personal representative.” The decedent is the person who died.

Survivors are the people the law allows to recover. They often include a spouse, children, and, in some cases, parents. § 768.21 sets out who may recover what.

The personal representative role can be unclear. This is especially true when several relatives are involved. Do not assume who holds it. Raise the question early so the right person files the claim.

Florida also sets time limits for these claims. Florida law sets specific time limits for filing a wrongful death lawsuit, and those deadlines apply. Deadlines apply. Families should act promptly.

What a Florida Wrongful Death Claim Can Cover

A Florida wrongful death claim can seek money for the family’s losses and the estate’s losses. The categories below come from Florida’s damages statute.

• Lost support and services. Each survivor may recover the value of lost support and services, past and future (§ 768.21).
• Loss of companionship. A surviving spouse may recover for loss of the decedent’s companionship and protection. A spouse may also recover mental pain and suffering.
• Children’s losses. Minor children may recover for lost parental companionship, instruction, and guidance. All children may recover this when no spouse survives.
• Parents’ losses. Each parent of a deceased minor child may recover for mental pain and suffering.
• Medical and funeral bills. A survivor who paid these costs may recover them.
• Estate losses. The personal representative may recover the decedent’s lost earnings. The personal representative may also recover certain medical or funeral costs.

Every potential beneficiary, including the estate, must be named in the complaint. The complaint is the document that starts a lawsuit. Each claim is different. No amount is promised or predicted here.

Who May Be Held Responsible for a FedEx Truck Crash?

Several parties may be responsible. These can include the driver, the company that employed or hired the driver, and others whose negligence contributed to the crash.

• The driver. Distraction, fatigue, speeding, or failing to yield can each be an allegation of negligence.
• The employer. Who may be responsible when an employee causes harm on the job depends on the facts of each case, and it is worth discussing with our team.
• Hiring and supervision. Claims may argue that a company should have caught a driver’s unsafe history before the crash.
• Maintenance. Brakes, tires, and other parts can become the focus of an investigation.
• Loading. Overloaded or improperly secured cargo may contribute to a crash.
• Contractor status. Contractor status can change who gets named. So every company in the chain should be reviewed.

These are allegations.

Florida also divides fault. Under § 768.81, a judgment is entered against each party based on its own percentage of fault. It is not entered on the whole amount. In a negligence action to which this section applies, a person found more than 50 percent at fault for their own harm may not recover 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.”

How Fault Is Proven in a FedEx Truck Crash

Fault is proven with records and physical evidence. Many of the most important records are held by the trucking company. So early requests matter.

• Parties and their insurers may access it.
• The driver qualification file. Each carrier, meaning the trucking company, must keep one for every driver it employs (49 C.F.R. § 391.51). The company keeps it while the driver works there and for three years after.
• Duty status records. Drivers must record their duty status for each 24-hour period (49 C.F.R. § 395.8). Duty status records. Duty status shows whether a driver was driving, on duty not driving, off duty, or off duty in a sleeper berth. Federal rules bar drivers and motor carriers from tampering with electronic logging devices (ELDs) so that the device does not accurately record and retain required data.
• Vehicle data and video. Electronic vehicle data, dash camera footage, and phone records may show speed, braking, and attention before impact.
• Maintenance and witnesses. Inspection records, repair history, and witness statements can fill gaps.
• Analysis. Accident reconstruction experts study the physical evidence. The Insurance Institute for Highway Safety publishes large-truck fatality statistics.

Records can be overwritten or lost. Families should ask in writing that trucking and crash records be preserved as soon as possible.

What to Expect After a Fatal FedEx Truck Crash

The process usually moves through a few clear steps. Each step builds on the one before it.

1. Consultation. The family shares the crash facts, the death, and their questions.
2. Preservation. Letters ask that trucking, driver, and crash records be kept.
3. Parties and roles. The responsible parties, their insurers, and the personal representative are identified.
4. Documenting losses. Medical, funeral, and support losses are gathered. Each survivor’s relationship to the person who died is also recorded.
5. Settlement or suit. A claim may settle. Or a lawsuit may be filed in Florida before the time limit runs. While a case is pending, courts must approve some settlements. This includes settlements affecting minor survivors (§ 768.25). Fla. Stat. § 768.25 reads: “While an action under this act is pending, no settlement as to amount or apportionment among the beneficiaries which is objected to by any survivor or which affects a survivor who is a minor or an incompetent shall be effective unless approved by the court.”
6. Distribution. Any recovery is shared under Florida law. Timelines vary.

Ask us before you give a recorded statement to any insurer.

Why Families Choose CHG Personal Injury Lawyers

CHG Personal Injury Lawyers is a Florida-based personal injury firm. Its attorneys are licensed and admitted to The Florida Bar.

• Florida focus. We represent clients throughout Florida. This includes families in Miami, Orlando, Tampa, and Jacksonville.
• Responsible lawyer. Igor Hernandez is the responsible lawyer for this page. Our lawyers and support staff work together on these matters.
• Case types. The firm handles personal injury claims of every severity. These range from car accidents to wrongful death and negligent security. Our practice focuses on these case types.
• Spanish resources. We publish educational content in English and Spanish.
• Fees. CHG charges no attorney’s fees and no case costs unless there is a recovery.
• Referrals. Some matters may be referred to, or handled together with, another law firm.

Questions Families Ask About FedEx Truck Wrongful Death Claims

Families most often ask who can sue, how long they have, and whether contractor status changes things.

Talk With Our Team About Your Family’s Next Step

If your family lost someone in a FedEx truck crash, a free, confidential, no-obligation first consultation can help you see your options.

You may be weighing a claim while planning a funeral and handling a loved one’s affairs. Evidence and deadlines do not wait. Contact CHG Personal Injury Lawyers today. A member of our team will review the crash facts with you. We will explain the personal representative question and the time limits that apply. Then our team can walk you through the next steps.