Hurt in a FedEx Truck Crash? Here's What to Know Next

When a FedEx Truck Is Involved in a Crash on Key Biscayne

If a FedEx truck was part of a crash on Key Biscayne, the people hurt may have legal rights. That includes drivers, passengers, cyclists, pedestrians, and family members of anyone who died. The Cape Florida Lighthouse is one of the island’s best-known landmarks, and a crash on its roads can change a family’s routine fast.

Crash injuries can feel overwhelming. You might be dealing with pain, a damaged vehicle, missed work, and calls from insurance adjusters. Many people wonder whether they must face a large shipping company alone. You don’t have to. You also don’t have to make every decision in the first week.

Going up against a big company and its insurer can feel like rowing against a strong tide. The questions themselves are clear, though. Who was at fault? What did the injuries cost, now and later? What deadlines apply? Answering them starts with the facts of your crash.

Where Truck Crashes Happen on the Island and Its Approaches

Drivers reach Key Biscayne over the Rickenbacker Causeway, and they travel the island mainly on Crandon Boulevard. Delivery trucks serve homes, condos, offices, and shops along these roads. That means a large vehicle may stop, turn, or back up often in busy areas.

Several conditions can raise the risk of a serious collision:

• Causeway and bridge approaches, where traffic can bunch up and change speed quickly.
• Stop-and-go delivery activity on busy streets.
• Mixed traffic from tourists, commuters, cyclists, and pedestrians.
• Heavy vehicles that need more distance to stop.

Location matters for another reason, too. Where a crash happened shapes which agency responded, and which cameras, witnesses, and records may exist.

Who May Be Responsible After a FedEx Truck Crash

Responsibility can fall on more than one party. Under Florida law, a court enters judgment against each liable party based on that party’s share of fault, not on a shared-payment basis, § 768.81. The possible parties include:

• The other driver. A driver who speeds, gets distracted, or drives impaired may be responsible for the harm they cause.
• The truck driver’s employer or contractor. FedEx delivery work is often done through contracted companies. The first question is who employed or contracted the driver. That company may answer for the driver’s conduct and for how it hired, trained, supervised, or maintained the truck.
• Vehicle or parts makers. If a part failed and made injuries worse, a claim may be possible.
• Government or contractors. If a poorly marked work zone or roadway hazard played a role, a claim may involve a public agency. These claims also follow different steps and timelines.

Your own share of fault matters too. Under the 50 percent rule, a person found more than 50 percent at fault for their own harm may not recover damages in most negligence cases, § 768.81. 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.” That is one reason the facts of the crash matter so much.

Evidence That Matters in a Truck Crash Claim

The best evidence is often gathered in the first days after a crash. Start with the official crash report. The officer must submit it within 10 days after the investigation is complete, § 316.066. Parties and their legal representatives can access these reports, so ask for it early.

Write down the report number and the responding agency. Other evidence can disappear quickly:

• Dashcam video from the truck or nearby cars.
• Security or business camera footage from nearby properties.
• Phone photos and the final resting positions of the vehicles.
• Names and contact details of witnesses.
• Damage to vehicles, guardrails, and road markings.

Commercial trucks also create records. Carriers, other than private motor carriers of passengers (nonbusiness), must install ELDs and require drivers to use them to record each driver’s duty status, except that a carrier may require manual recording instead in the cases listed in the rule, 49 C.F.R. § 395.8. Federal rules also bar a driver or carrier from making a false report about duty status. These logs, trip data, and maintenance files can show how long a driver had been working. A lawyer can ask the company in writing to keep these records.

Your own records matter too. Keep medical records, bills, pay stubs, and a simple daily log of symptoms and missed work. Follow your doctors’ care.

When a FedEx Truck Crash Is Fatal: Options for Families

Florida allows certain family members to bring a wrongful death claim when a crash causes a death. The law is called the Florida Wrongful Death Act, § 768.16. Under § 768.19, a party who would have been liable if the injured person had lived can be liable for damages after a death.

Florida law addresses several kinds of family loss. Under § 768.21:

• Survivors may recover the value of lost financial support and household services.
• A surviving spouse may recover for loss of companionship and protection, and for mental pain and suffering.
• Minor children may recover for lost parental companionship, instruction, and guidance.
• Each parent of a deceased minor child may recover for mental pain and suffering.
• A survivor who paid medical or funeral expenses may recover them.
• The personal representative, the person appointed to manage the estate, may pursue the decedent’s lost earnings for the estate.

Losing someone in a crash is devastating. Families often need help with the crash report, insurance calls, and messages from the trucking company. You can take these steps when you’re ready, and you don’t have to do them all at once.

Serious Injuries From Truck Crashes and What Recovery Can Involve

Truck crashes can cause injuries that change a person’s life. These include spinal cord injuries, paralysis, traumatic brain injuries, amputations, severe burns, and serious back and neck injuries. Recovery can take years. It often includes emergency care, long-term medical treatment, rehabilitation, and medical equipment. These needs can also change work and daily life at home.

These needs are part of how a claim is evaluated. Florida’s rules on medical bills matter here. For past treatment that has been paid, evidence is limited to the amount actually paid, regardless of the source of payment, § 768.0427. Keep every bill, statement, and payment record.

Your doctors decide your medical care. Follow their plan, attend rehabilitation, and ask them about equipment or home changes you need.

Florida Deadlines and Why Timing Matters

Florida sets filing deadlines for injury and wrongful death claims, and missing one can end a claim. Claims against government agencies can carry different timelines and steps, which are set by the rules for those claims.

Which deadline applies depends on the facts, including who was hurt, who may be responsible, and when the claim arose. Deadlines apply to most cases, but some have exceptions, such as a medical malpractice action brought on behalf of a minor on or before the child’s eighth birthday, which the 4-year period does not bar. Contact a lawyer promptly so your options stay open.

Talk With a Florida Injury Firm About Your FedEx Truck Crash

A free, confidential first consultation can help you understand your next steps after a FedEx truck crash. If a crash has left you or your family hurt, or you’re facing insurance calls, medical bills, or the loss of a loved one, a short conversation can clarify your options. We review the crash facts, the injuries, and the timing, and we answer your questions about who may be responsible.

Our first consultation is free, confidential, and carries no obligation to continue. CHG Personal Injury Lawyers charges no attorney’s fees and no case costs unless there is a recovery. Some matters may be referred to, or handled together with, another law firm where appropriate.

Igor Hernandez is the responsible lawyer for this page. Our team represents people throughout Florida. For more on this topic, read our FedEx truck accidents guide, or contact our team to start your free consultation.