Florida Truck Accident Lawyer
After a collision with a commercial truck, you may be arranging treatment, missing work and answering questions from several insurers. You may know which truck struck you without knowing who employed the driver, owned the trailer or controlled the delivery schedule.
At Rafferty Domnick Cunningham & Yaffa, we investigate truck crashes and help injured people document their losses. We identify the companies involved, examine available crash evidence and seek records that need prompt preservation. You do not need to obtain the trucking company’s records yourself before speaking with us.
Were You Injured in a Truck Accident in Florida?
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The investigation begins with records that can disappear
A police report is a starting point. Available dashcam recordings, nearby security footage, photographs, witness accounts and vehicle damage can help explain lane positions, braking and the sequence of impacts. Electronic vehicle information may be available, but its existence and usefulness depend on the vehicle and the event.
Trucking records can answer different questions. Driver duty logs and supporting documents may help reconstruct the trip. Dispatch communications can show instructions or scheduling. Maintenance and inspection records may identify a mechanical issue; cargo documents may explain a shifting or improperly secured load. We consider which records fit the suspected cause and who controls them.
Federal rules impose retention requirements for certain duty-status records, but that does not mean every relevant recording or data file remains available for the same period. A prompt preservation request and, when necessary, court-supervised discovery can be important. A missing document should be investigated rather than treated as automatic proof of fault.
Sources: Federal driver duty-status record retention, 49 CFR 395.8; FMCSA hours-of-service summary.
Responsibility may extend beyond the driver
The investigation may involve the driver, motor carrier, vehicle owner, maintenance provider or a company involved in loading. Their names on a document do not establish liability. We examine what each party did, which duties applied and whether that conduct contributed to the collision or worsened the injuries.
Fatigue, distraction, unsafe speed, brake problems and cargo movement require different evidence. Hours-of-service rules also have exceptions and different applications. A violation may matter to the investigation, but the case still requires a connection between the conduct and the harm. We can work with appropriately qualified experts when reconstruction or mechanical analysis is needed.
Sources: FMCSA hours-of-service summary; Florida comparative fault.
Have Questions About Who Is Responsible for Your Truck Crash?
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Your claim needs a clear account of the injury’s effects
Treatment records, operative reports, rehabilitation plans and restrictions help document the injury. Employment records can show missed work and changes in earning ability. If care will continue, medical and other qualified experts may be needed to assess future treatment, assistance, equipment or modifications.
Keep bills and receipts, but also describe practical changes: difficulty driving to appointments, help needed with personal care or tasks you can no longer perform at work. We use the appropriate evidence to evaluate legally recoverable losses. An advertised average settlement cannot tell you what your case is worth.
Sources: Florida comparative fault; HHS: health information individuals may access.
Deadlines and disputed fault require early attention
Florida generally provides two years for negligence actions that accrued after March 24, 2023. Older claims, different legal theories and special defendants can raise different timing questions. Waiting for treatment to finish or an insurer to respond does not necessarily protect a filing deadline.
For negligence claims governed by Florida’s current modified comparative-fault rule, a claimant more than 50 percent responsible for their own harm cannot recover; lesser fault can reduce damages. Applicability must be checked for the particular claim. An insurer’s allegation is not a final fault determination, so the underlying evidence matters.
Sources: Florida limitation periods; Florida Chapter 2023-15 (HB 837), application provisions; Florida comparative fault.
How we can help you take the next step
Bring the crash information, insurance letters, available photographs and treatment documents you have. Tell us whether a vehicle is awaiting repair or disposal and whether you know of footage that may be overwritten. We can identify preservation priorities and explain what further investigation would involve.
Our work connects the crash investigation to the losses you need to prove. That may include examining company records, obtaining qualified expert opinions, assessing coverage and preparing the case for negotiation or litigation. We will discuss the proposed representation and fee agreement so you can decide how to proceed.
Related Practice Resources
Florida Truck Accident FAQs
These answers provide general information. The facts, dates and law governing an individual claim require a separate review.
Can someone besides the truck driver be responsible for a crash?
Yes, depending on the evidence, a trucking company or another party may share responsibility. The review may address the driver’s conduct, employer relationships, maintenance, cargo handling or another specific failure. A company’s connection to a truck does not automatically establish liability; the claim must identify the legal duty and how the conduct contributed to the crash.
Carrier and vehicle records can help identify who controlled relevant work and what happened before the collision. Federal driver rules may be relevant when they apply, but a regulatory issue must still be connected to the event and injury. Preserve identifying information early so the correct entities can be investigated instead of assuming that the name on a trailer answers every question.
Sources: Florida civil jury instructions, negligence and compensatory damages; FMCSA hours-of-service summary.
Why should driver logs and electronic truck records be preserved promptly?
Driver duty records and other electronic information can help reconstruct the period before a crash. Federal rules impose recordkeeping requirements on covered carriers, but those requirements do not mean every potentially useful item is retained forever. Different types of information can have different retention practices and legal requirements.
A preservation request should identify relevant dates, vehicles and categories such as duty-status records, dispatch communications and available vehicle data. Your lawyer can assess requests and later discovery procedures. Do not access a carrier’s systems or obtain data without authorization. Evidence of hours or movement must be interpreted with the other facts; a log entry alone does not prove the cause of a collision.
Sources: Federal driver duty-status record retention, 49 CFR 395.8; Florida Rules of Civil Procedure, October 1, 2026.
Does a truck driver’s hours-of-service violation prove my case?
No. A relevant violation may be important evidence, but the claim still requires proof of responsibility, causation and damages under the applicable law. Federal hours-of-service rules apply to covered operations and include exceptions. The type of vehicle, route and work performed must be checked before applying a particular limit.
Records should be compared with the collision timeline, dispatch demands and other available evidence. A violation unrelated to the crash does not establish that fatigue caused it, and compliance does not necessarily answer every negligence question. The investigation should examine the actual driving and operating decisions rather than use a regulatory label as a substitute for the facts.
Sources: FMCSA hours-of-service summary; Florida civil jury instructions, negligence and compensatory damages.
Can I pursue a truck claim while my future care needs are still uncertain?
A claim can be investigated while treatment continues, and deadlines should be reviewed without waiting for a final prognosis. The uncertainty may affect how future losses are evaluated and whether a proposed settlement adequately accounts for them. A release can resolve claims permanently even if treatment later becomes more expensive.
Keep current recommendations, restrictions and cost information, and distinguish confirmed needs from possibilities. Appropriate professionals can help explain the likely course of care and the basis for any estimate. Early investigation protects the ability to evaluate the claim; it does not require guessing a permanent outcome or accepting an offer before its consequences are understood.
Sources: Florida limitation periods; Florida civil jury instructions, negligence and compensatory damages.
How long do I have to bring a Florida truck accident claim?
Florida generally allows two years for ordinary negligence claims accruing after March 24, 2023. Earlier claims and different legal theories can follow different rules. The deadline therefore cannot be calculated from the page title alone; the incident date, when the claim accrued, the defendant and the legal basis all matter.
Have the timeline reviewed promptly and bring any correspondence, incident reports and prior claim documents. Negotiating with an insurer does not by itself extend the filing period. In a truck accident matter involving death, medical treatment, a public entity or a defective product, additional or different timing requirements may apply. Waiting for treatment to finish can put a claim at risk.
Sources: Florida limitation periods; Florida Chapter 2023-15 (HB 837), application provisions.
Can I recover if I am blamed for part of the truck accident?
You may still have a claim, but comparative fault can reduce or bar recovery. Under Florida’s current general negligence framework, a claimant found more than 50 percent responsible for their own harm cannot recover. The statute contains exceptions, including for actions based on medical negligence, so the rule must be matched to the actual claim.
An insurer’s accusation is not a final allocation of fault. For a truck accident, accounts of what happened should be compared with physical evidence, records and witness testimony. Preserve facts that support or contradict each explanation rather than accepting a percentage during an informal conversation. The applicable version of the law and any special rules also need review.
Sources: Florida comparative fault; Florida civil jury instructions, negligence and compensatory damages.
What losses can a Florida truck accident claim address?
A supported injury claim may include medical expenses, lost earnings, impaired future earning ability and noneconomic harm such as pain or loss of enjoyment of life. The categories and amounts depend on the law and evidence; a serious diagnosis does not create an automatic settlement value. Responsibility and causation must also be established.
For truck accident cases, useful documentation may include driver and vehicle identifiers, photographs, carrier communications, treatment records and work restrictions. Future needs should be supported by appropriate medical or other expert evidence, with clear assumptions about their duration and cost. Prior conditions, other causes, fault and applicable coverage can affect the analysis. A result reported in another case is not a valuation of your claim.
Sources: Florida civil jury instructions, negligence and compensatory damages; Florida comparative fault.
What records should I keep for a truck accident case?
Keep original records that show the event, the injury and its consequences. For a truck accident case, useful material may include driver and vehicle identifiers, photographs, carrier communications, treatment records and work restrictions. Save dates and contact information, and identify who may hold other evidence. Do not alter records, fill gaps with guesses or discard material because it seems unfavorable.
You generally may request your own medical and billing records from covered providers under HIPAA, subject to limited exceptions. Litigation can also provide procedures for obtaining relevant information from other parties. Your lawyer can identify preservation and discovery steps, but a personal request does not guarantee that every record will remain available indefinitely. Explain missing information early so the review can address it.
Sources: HHS: health information individuals may access; Florida Rules of Civil Procedure, October 1, 2026.
Will my truck accident case have to go to trial?
Not every claim reaches trial, but no one can promise settlement at the beginning. The parties may resolve a supported dispute through negotiation or mediation. If material issues remain, the court’s procedures govern discovery, motions and trial. A refusal to settle does not establish who will ultimately win.
In a truck accident case, the decision requires an assessment of the evidence, legal defenses, documented losses and the terms of any offer. Ask what the release covers and whether it ends future claims connected to the injury. Preparing the case carefully helps you evaluate those choices; it does not guarantee a verdict or force an insurer to pay a particular amount.
Sources: Florida Rules of Civil Procedure, October 1, 2026; Florida civil jury instructions, negligence and compensatory damages; Florida court-ordered mediation.
Does a preexisting condition defeat my truck accident claim?
No, a preexisting condition does not automatically defeat a claim for an injury or aggravation caused by someone else. The evidence must distinguish the condition’s earlier effects from the harm caused or worsened by the event. The applicable damages instructions address aggravation and situations in which effects cannot readily be separated.
For a truck accident case, provide an accurate history, including earlier symptoms, treatment and daily limitations. Medical records before and after the event can help qualified professionals assess the change. Concealing earlier care makes that assessment harder. Neither a prior diagnosis nor a new symptom alone resolves causation; the timeline, examination and other evidence must be considered together.
Sources: Florida civil jury instructions, negligence and compensatory damages; HHS: health information individuals may access.
Ready to Discuss Your Florida Truck Accident Claim?
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