After a Truck Crash in Florida, Your Next Steps Matter

By Igor Hernandez, CHG Lawyers, Coral Gables, Florida

Recovering from a truck accident starts with your health. Then it moves to the records and deadlines that protect your options. This guide walks Florida families through those steps in order.

Every case depends on its facts, its medical records, and Florida law. Read this as general information, not advice about your case.

Start With Your Health After a Truck Crash

Get a medical checkup after any truck crash. Do this even if you feel okay. Some people notice pain, headaches, numbness, or confusion later.

Tell your doctor about every symptom. Include the small ones. Explain how each one affects your work, sleep, and family life.

Follow your doctors’ care. Ask them to explain any treatment plan. This page does not give medical advice.

Keep every appointment record, bill, prescription receipt, and work note. A simple daily journal helps. Write down your pain, the activities you missed, and the help you needed at home.

These records document your losses. They may be relevant to a claim, depending on the facts.

Whether the crash caused a particular injury depends on the facts and the medical records of each case.

The First Days: Immediate Steps That Protect Your Recovery

In the first days, focus on safety, medical care, and basic facts. Call 911 if anyone is hurt. Ask for the officer’s name and the crash report number.

Take photos of the vehicles, the road, your injuries, and any hazards. Hazards include debris or skid marks.

Get names and phone numbers from witnesses. Memories fade. A witness’s account can help explain what happened.

Avoid guessing about fault. Don’t sign anything at the scene. Don’t accept a settlement check.

A truck crash can involve the driver, the trucking company, a cargo or maintenance company, and several insurers. Early records help sort out who was involved.

How Soon Must a Truck Crash Be Reported?

Report the crash to law enforcement right away. Treat every reporting and filing deadline as urgent. The rules depend on the facts of your crash.

Your own insurance policy may also require prompt notice of a claim. The policy language controls what it requires.

Lawsuit deadlines are separate from reporting duties. For many Florida negligence claims, Fla. Stat. § 95.11 generally sets a two-year period.

Exceptions apply. Other deadlines, including those for wrongful death claims, may differ.

Missing a deadline may affect a claim. The effect depends on the facts and the exceptions that apply. Contact a lawyer promptly. Don’t assume you know the date.

What If the Truck Driver or Company Leaves the Scene?

If the truck driver leaves, report it to police immediately. Then write down every detail you can recall about the truck.

Note any company name, phone number, or identification number on the cab or trailer. Record the color, the direction of travel, the time, and the location. Write down witness names too.

Your own auto policy may include uninsured or underinsured motorist coverage. Under Fla. Stat. § 627.727, that coverage has its own limits and rules.

Whether it applies to your crash depends on your policy terms and the facts. Don’t assume any coverage will pay. Don’t assume how much it might pay.

Preserving Evidence Before It Is Lost

Trucking evidence can be lost or overwritten. Acting early matters. Keep the crash report, photos, video, dashcam footage, repair records, witness statements, and medical records.

A claim may also involve trucking records that you cannot easily get on your own. These include:

• Driver logs and electronic logging device data
• Maintenance and inspection records
• Hiring and training files
• Cargo records

Federal rules require drivers to record each change of duty status. That includes the city, town, or village where it occurs. Under section 395.8 of the federal motor carrier rules, a motor carrier generally must require each driver to record the driver’s duty status for each 24-hour period, except for a private motor carrier of passengers (nonbusiness).

After certain crashes, employers must test surviving drivers for alcohol and drugs. This should happen as soon as practicable. Under section 382.303 of the federal rules, if a required test is not administered within two hours following the accident, the employer must prepare and keep on file a record stating the reasons the test was not promptly administered. It also has conditions and exceptions. The FMCSA describes the same post-accident testing rules.

Be careful with social media. Avoid posting about the crash or your injuries. Don’t give a recorded statement to the trucking company’s insurer before you get advice.

Who May Be Responsible and How Florida Law Shapes a Claim

Several parties may be responsible after a truck crash. These may include the driver, the trucking company, a vehicle owner, or a maintenance or loading contractor. A manufacturer may also be involved in some cases. Fault depends on the facts.

Florida uses comparative fault. Under Fla. Stat. § 768.81, fault you share with others can reduce what you recover.

Under Fla. Stat. § 768.81, a party’s fault does not bar recovery, subject to a further limit in the statute. Under Fla. Stat. § 768.81, a party found to be greater than 50 percent at fault for his or her own harm may not recover any damages. That subsection does not apply to medical negligence claims under chapter 766.

For motor-vehicle claims, Florida’s personal injury protection rules appear in Fla. Stat. § 627.736.

Under Fla. Stat. § 627.737, a plaintiff may recover damages in tort for pain, suffering, mental anguish, and inconvenience from bodily injury arising from the ownership, maintenance, operation, or use of a motor vehicle only if the injury meets the conditions the statute sets out, and recovery depends on the facts of each case. Comparative fault may also limit recovery.

Under Fla. Stat. § 627.4136, a person who is not an insured generally must first obtain a settlement or verdict against the insured. This must happen before suing the liability insurer.

A claim is usually brought against the responsible party. Your facts will shape who that is.

When the Injury Happened at Work

If you were hurt while working, Florida generally handles the injury through workers’ compensation.

Under Fla. Stat. § 440.11, an employer’s liability under the workers’ compensation law is exclusive and in place of other liability, except as the statute provides. This includes liability to third-party tortfeasors. The statute lists exceptions, such as an employer that fails to secure payment of compensation.

Suppose a driver was struck by another truck while on the job. A claim against that other driver or company may be relevant in some situations. Whether it is relevant depends on Florida law and the facts.

Workers’ compensation rules and exclusivity may limit some claims. Get advice about which path applies to you.

Planning for Long-Term Needs and Families Facing a Fatal Crash

Catastrophic injuries can change daily life for years. Examples include spinal cord injury, traumatic brain injury, amputation, and severe burns. Outcomes vary from person to person. They depend on the advice of the person’s doctors.

Documented losses may be relevant to a claim, depending on the facts. These can include:

• Medical care and rehabilitation
• Equipment and home or vehicle changes
• Lost income
• Help at home

Keep bills, mileage logs, work records, and caregiving notes in one place. Write a list of questions for the medical team.

When a crash causes a death, the family’s loss is at the center.

Under Fla. Stat. § 768.19, a party who would have been liable if the injured person had lived can be liable when a wrongful act causes death.

Next Steps: When to Talk With a Truck Accident Lawyer

Talk with a lawyer when a decision point arrives. Common examples include:

• An insurer asks for a recorded statement
• A settlement offer arrives
• You are asked to sign a release
• You have a question about deadlines

CHG focuses on personal injury matters of any severity, including truck crashes. The firm serves clients throughout Florida. Igor Hernandez, the responsible lawyer, is a member of The Florida Bar. He practices from Coral Gables, Florida.

CHG charges no attorney’s fees and no case costs unless there is a recovery. CHG may refer or work with other counsel on some matters.

How long do I have to file a truck accident lawsuit in Florida?

For many negligence claims, Florida’s two-year period under § 95.11 generally applies. Exceptions apply, so contact a lawyer promptly.

Can I still recover if I was partly at fault?

Florida’s comparative fault rule generally does not bar recovery for partial fault. But a party more than 50 percent at fault may not recover damages. Results depend on the facts.

Can I sue the truck driver’s insurance company directly?

Florida law generally requires a settlement or verdict against the insured before suing the liability insurer. Each case depends on its facts.

If an adjuster has asked for a recorded statement, or you are weighing a settlement offer after a truck crash, you do not have to decide alone. Contact CHG to talk through your options. CHG charges no attorney’s fees and no case costs unless there is a recovery.