Florida Truck Accident Questions and Answers

In the First Days

The questions that come up before anyone is thinking about a claim at all.

• I felt fine at the scene. Do I need a doctor? Yes, and within 14 days. Florida’s PIP statute (Fla. Stat. § 627.736) requires initial treatment inside that window, and concussion, disc injury, and internal bleeding routinely present days later. See Truck Accident Injuries.
• Do I have to talk to the trucking company’s insurer? You owe cooperation to your own insurer under your policy. You generally owe no recorded statement to another party’s insurer. See Dealing With Adjusters.
• What should I photograph? The tractor and trailer separately including the DOT number, final positions, damage height on both vehicles, skid marks, debris, road conditions, and your injuries. See What to Do After a Truck Accident.
• How do I get the crash report? Through the FLHSMV portal or the investigating agency. Reports are confidential for 60 days to involved parties, so you must request it rather than wait.
• Should I post about it? No. Social media is reviewed routinely, and a photograph from a good day is used to characterize every day.

Fault and Responsibility

• Can I recover if I was partly at fault? Yes, provided you are not more than 50% at fault. Florida uses modified comparative negligence under Fla. Stat. § 768.81, reducing recovery by your share and barring it above that line.
• Who besides the driver can be responsible? The motor carrier, trailer owner, shipper or loader, freight broker, maintenance contractor, parts manufacturer, or a government entity. See Who Is Liable.
• The police report blames me. Is that final? No. It is evidence, not a verdict, it is sometimes amended, and it does not bind an insurer or a court.
• The driver was an owner-operator. Does the company escape? Frequently not. Federal leasing rules place responsibility on the carrier whose authority the vehicle ran under, and courts look at practical control rather than the contract label.
• Does a regulatory violation win the case? It does not end it, but it changes the argument substantially, because the standard was written down in advance. See FMCSA Regulations.

The Claim Itself

• How long do I have? Generally two years from the crash for negligence claims arising after March 24, 2023 (Fla. Stat. § 95.11(5)(a)). Government defendants carry much shorter notice requirements. See Florida’s Truck Accident Deadline.
• What is my case worth? There is no honest general answer. It depends on injury severity and permanence, treatment required, lost earning capacity, fault apportionment, and available coverage. Any source quoting a figure without reviewing your records is guessing.
• Does PIP cover everything? Rarely. PIP provides $10,000 regardless of fault, which a serious truck injury exhausts almost immediately. Recovery beyond that is pursued against the at-fault parties.
• Can I claim pain and suffering? Generally only with a permanent injury, significant permanent scarring or disfigurement, or death, under Fla. Stat. § 627.737.
• How long will it take? Mostly determined by when your treatment reaches a stable point, because permanence has to be established. See The Settlement Process.
• Will I have to go to court? Most claims resolve without trial, often at mediation, which Florida courts typically require first.

Published By

Shiner Law Group, P.A.

Founded by David I. Shiner, Esq. · AV Preeminent® rated · Florida Bar member since 2002

Shiner Law Group was founded by David I. Shiner, Esq., a Nova Southeastern University law graduate, a member of The Florida Bar since 2002, and AV Preeminent® rated by Martindale-Hubbell. The firm represents injured people across Florida from offices in Boca Raton, West Palm Beach, Fort Lauderdale, Fort Pierce, Orlando, Wellington, and Belle Glade, and handles truck accident cases on contingency: free consultations, and no fee unless there is a recovery.

The firm works to keep this information current and consistent. Spotted something wrong? Email joseph@shinerlawgroup.com and we will fix it. About this site →

Evidence and the Truck

• What does the truck record? Engine control module data, electronic logging records, telematics, collision-mitigation alerts, and often camera footage. See Black Box and ELD Evidence.
• Can I get that data myself? Realistically no. It sits on the carrier’s systems, and downloads require proper protocol to be reliable and defensible.
• How long before it is gone? Camera footage often within days. Some engine data is overwritten by continued operation. This is the main reason to get advice quickly.
• What is a spoliation letter? A formal written demand that the carrier preserve identified evidence. Once received, routine deletion stops being routine.
• How much insurance does a trucking company carry? Federal minimums begin at $750,000 for general freight and rise for hazardous loads, frequently layered higher. See Trucking Insurance.

If You Take Nothing Else From This Page

1. Get medical care within 14 days, whatever you think of your injuries.
2. Report every symptom, including cognitive and emotional ones.
3. Photograph the tractor and trailer separately, including the DOT number.
4. Decline a recorded statement to the carrier’s insurer until you have advice.
5. Get advice within days, so preservation demands go out while evidence exists.
6. Do not sign a release before you know what your treatment will require.
7. Stay off social media about the crash and your recovery.

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