Hurt in a FedEx Truck Crash in Miami? You Do Not Have to Face the Aftermath Alone

When a FedEx Truck Is Involved in a Crash in Miami

If a FedEx truck hurt you or someone you love on a Miami-Dade road, you may have a claim against the people responsible. The steps you take in the first days matter.

Maybe you were on I-95. Maybe you were stuck in traffic on the Palmetto Expressway, or driving through Hialeah or Doral. Then a delivery truck hit you. Maybe a family member was hurt or killed.

Whether you were heading to a Dolphins game at Hard Rock Stadium or just getting through rush hour, a crash with a large truck can change your week in seconds.

You may be hurt, missing work, and getting calls from an insurance adjuster all at once. That is a lot to carry.

This page explains who may be responsible. It covers which records matter most and the Florida rules that affect your options. It also explains how CHG Personal Injury Lawyers can review what happened.

If a loved one died, the section on wrongful death below is written for your family.

Why a FedEx Truck Crash Can Involve More Than One Party

Several people or companies may be asked who is responsible. The driver is only one of them.

Many FedEx deliveries are made by vehicles run by contracted delivery companies and their drivers. FedEx employees do not make every delivery.

Possible parties include:

• The driver
• The company that employed or contracted the driver
• The company that owns or leases the truck
• A party responsible for maintenance or cargo loading, in some cases

Who is responsible depends on the facts of each crash. Investigators look at who hired the driver, who owned the truck, and who kept it in repair.

Florida law shapes how fault is divided. Under § 768.81, a court enters judgment against each liable party based on that party’s percentage of fault. The court does not make one party pay the full amount.

Federal trucking rules also place duties on the trucking company. Under 49 CFR 390.11, if a duty is prescribed for a driver or a prohibition is imposed on the driver in part 325 of subchapter A or in this subchapter, the motor carrier must require the driver to observe it.

For background on these claims, see our FedEx truck accidents guide.

Evidence That Can Disappear After a Miami Truck Crash

The evidence that matters most is often the evidence that disappears first. Save what you can while it is still easy to find.

Start with these items:

• The police crash report and its report number
• Photos of the scene, the vehicles, and your injuries, taken as soon as you can
• Names and phone numbers of witnesses
• Dashcam or nearby video, which can be written over
• Your first medical records and bills

Commercial trucks also create records. Many use an electronic logging device (ELD) that tracks driving hours. Under 49 CFR 395.30, a motor carrier must not alter or erase the original hours-of-service information.

Driver files matter too. Under 49 CFR 391.51, a motor carrier keeps a driver qualification file for as long as the driver works there. Except for certain records that may be removed under paragraph (d) of 49 CFR 391.51, it keeps the file for three years after that. Older files may fall outside that window, so timing matters.

Follow your doctors’ care. Keep every appointment, prescription, and bill. Tell each provider about the crash.

Before you give a recorded statement to a trucking company’s insurer, ask yourself two questions:

• Are you ready to speak on the record?
• Have you talked with a lawyer first?

Florida Deadlines and Rules That Affect Your Claim

That clock keeps running while you recover.

Florida’s limitations statute, § 95.11, says an action founded on negligence must be filed within two years. Deadlines apply to most claims: under § 95.11, actions other than for recovery of real property shall be commenced within the periods the statute sets. Contact a firm promptly. Do not assume you have time left.

Claims against a government entity follow separate notice rules under § 768.28. Tell a lawyer early if a public vehicle or road agency is involved.

Florida also uses a fault rule. Under § 768.81, in a negligence action to which this section applies, a party found more than 50 percent at fault for his or her own harm may not recover any damages, but this does not apply to an action for personal injury or wrongful death arising out of medical negligence under chapter 766. In plain words, in a negligence case to which this section applies, if you were more than half to blame, you cannot recover any damages. This rule does not apply to personal injury or wrongful death claims arising out of medical negligence under chapter 766.

If you were in a car, Florida’s personal injury protection (PIP) rules in § 627.736 also matter.

Catastrophic Injuries and Wrongful Death After a FedEx Truck Crash

A serious crash can cause catastrophic injuries that change a person’s life. These include:

• Spinal cord injuries
• Paralysis (paraplegia or quadriplegia)
• Traumatic brain injuries
• Amputations
• Severe burns
• Serious back and neck injuries

Each one can affect work, home life, and future medical needs for years.

A claim may need to account for long-term care, medical equipment, home changes, and income lost over time. Keep records of every treatment plan your doctors give you.

When a crash causes a death, Florida law gives the family a path to a claim. The case is brought by the decedent’s personal representative. The personal representative recovers for the survivors and the estate under § 768.20.

Under § 768.21:

• A surviving spouse may recover for loss of companionship and protection, along with mental pain and suffering.
• Each parent of a deceased minor child may recover for mental pain and suffering.

Families in this position often need time before they can think about legal steps. Gather the records you have. Write down what you remember. Reach out when you are ready to talk through your options. No one can promise a particular result, but a conversation can help you see what comes next.

How CHG Personal Injury Lawyers Can Help in Miami

CHG Personal Injury Lawyers is a Florida-based firm. It handles personal injury cases of every severity. That includes everyday car crashes, slip-and-fall incidents, truck accidents, and catastrophic and fatal injuries. Our team serves Miami-Dade and communities throughout Florida.

Igor Hernandez is the responsible lawyer for this page. He is one of the firm’s lawyers and is admitted to The Florida Bar.

We publish bilingual English and Spanish educational content for people in Florida. Readers who prefer Spanish can use that content as they weigh their options.

Some cases may be referred to, or handled together with, another law firm. This happens when that fits the case.

Your first consultation is free, confidential, and comes with no obligation. CHG charges no attorney’s fees and no case costs unless there is a recovery.

Talk With a Miami Injury Lawyer About Your FedEx Truck Crash

If a FedEx truck hurt you or a family member in Miami-Dade, contact CHG Personal Injury Lawyers. Get a free, confidential consultation about the crash, the companies involved, and the deadlines that may apply.

Readers hurt in other Florida cities can read our Orlando FedEx truck accident page, Tampa FedEx truck accident page, or Jacksonville FedEx truck accident page.

Frequently asked questions