Hit by a FedEx Truck as a Pedestrian in Florida? You Have Options.

What Happens When a FedEx Truck Strikes a Pedestrian or Cyclist in Florida

A pedestrian or cyclist hit by a FedEx truck in Florida may have a claim for the injuries and losses that follow. Whether a claim succeeds depends on how the crash happened, who was at fault, and how serious the harm is.

People on foot or on bikes have very little protection when a large truck is involved. A delivery truck is far heavier than a person or a bicycle. The Insurance Institute for Highway Safety publishes large-truck fatality statistics that break out deaths among pedestrians and bicyclists. Check that page for the most recent published figures.

Being hit does not automatically mean the driver was at fault. Fault looks at what each person did, the road and weather conditions, and whether the driver took reasonable care.

CHG Personal Injury Lawyers represents injured people throughout Florida. Igor Hernandez, a Florida-licensed lawyer, is responsible for this page.

Who May Be Responsible for the Crash

More than one party may share responsibility after a FedEx truck crash. Each party’s share depends on what it did or failed to do.

• The company behind the delivery. Depending on the facts, the company that employs or contracts the driver may share responsibility for how it trained, supervised, and assigned the work.
• Maintenance providers. Brakes, mirrors, lights, and steering that are not kept in working order can contribute to a crash.
• Other drivers. A motorist who cut off a cyclist or forced the truck to swerve may share fault.

Florida uses comparative fault, which means shared fault. Under Florida Statutes § 768.81, a court enters judgment against each liable party based on that party’s percentage of fault. Florida does not make each party pay the full amount.

The same statute says a party found more than 50 percent at fault for their own harm may not recover any damages. That is why your own actions matter as much as anyone else’s.

Why Large Delivery Trucks Create Serious Dangers for People on Foot and on Bikes

Large delivery trucks create hazards that smaller vehicles do not. Their size and shape can hide people from the driver’s view, and their turns are wide.

• Blind spots. Areas directly in front of and beside a truck can hide a pedestrian or cyclist from the driver.
• Right turns. A truck making a wide right turn can swing toward a crosswalk or bike lane.
• Backing up. Trucks backing in parking lots, loading docks, and driveways can strike people behind them.
• Conditions. Rain, low light at dawn and dusk, heavy traffic, and construction zones raise the risk.

Federal rules set equipment standards for trucks. Under 49 C.F.R. § 393.80, trucks must carry two rear-vision mirrors, one on each side, that show the driver the road behind along both sides of the vehicle, unless the truck is built so the driver has a view to the rear by an interior mirror, in which case only one outside mirror on the driver’s side is required.

Whether a mirror, a turn, or a backing move played a role is a question an investigation answers. These factors do not prove fault in every crash.

Injuries and Losses That Often Follow

A truck strike often causes injuries that change daily life for a long time. Common serious injuries include broken bones, internal injuries, road rash, amputation, traumatic brain injuries, and spinal cord injuries.

Some injuries bring long-term effects. These can include paralysis, chronic pain, ongoing medical care, rehabilitation, and assistive equipment. People who work with their bodies or deliver for a living may also lose income and the ability to work.

When a crash is fatal, Florida law lets the decedent’s personal representative bring the claim. Under Florida Statutes § 768.20, that claim is brought for the benefit of the decedent’s survivors and estate. Families facing this loss do not have to face the legal steps alone.

Follow your doctors’ treatment plans and keep every medical record. Those records also document the injury for a claim.

Evidence to Protect in the First Days After the Crash

Evidence can disappear quickly after a truck crash. Acting early protects what matters most.

• Under Florida Statutes § 316.066, for a crash that resulted in death, personal injury, any indication of complaints of pain or discomfort, or that involved a commercial motor vehicle, the investigating officer must submit a Long Form crash report within 10 days after the investigation is completed. Parties, their legal representatives, and their insurers may access it.
• Names and contacts. Write down witness names, the officer’s name, and the responding agency.
• Photos and video. Keep scene photos and video, including from nearby businesses and doorbell cameras.
• Truck records. Federal rules require inspection and maintenance records to be kept for 1 year and for 6 months after the vehicle leaves the carrier’s control.
• Medical records and bills. Keep everything from the first emergency visit onward.
• Bike and property. Keep the bicycle, helmet, and damaged items. Do not repair or discard them before they are documented.

For more on the first steps, read our guide on FedEx truck accident claims.

How a Florida Injury Claim Moves Forward, and Key Deadlines

A Florida injury claim usually moves through investigation, a claim to insurers, and a lawsuit only if a fair result is not reached.

1. First consultation. The firm reviews the crash facts, injuries, and available records. The first consultation is free, confidential, and carries no obligation to continue.
2. Investigation. This may include the police report, witness statements, truck records, and medical documentation.
3. Claim to insurers. The claim goes to the responsible insurance companies. The documented losses drive negotiations.
4. Lawsuit, if needed. If the claim does not resolve fairly, a lawsuit may be filed in the proper Florida court. Discovery follows, which includes depositions, or sworn interviews taken before trial.

Deadlines matter. Other claims may follow different timing, so contact the firm promptly.

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

Frequently Asked Questions and Your Free Case Evaluation