The truck driver

for the negligent act itself

The motor carrier

both vicariously for its driver and directly for negligent hiring, training, supervision, retention, or for pushing a schedule that could not be run legally

The truck's owner

which is often a separate entity from the carrier operating it

The maintenance contractor

in cases where a brake, tire, or coupling failure traces back to work someone else performed

The shipper or loader

in cargo shift, overweight, and load-securement cases

The broker

in matters of negligent-selection claims (For more on this, please see our post on trucking brokers and liability for hiring unsafe carriers)

A component or vehicle manufacturer

in consumer-protection cases

Were you partially at fault?

The first factor to consider is comparative fault, or to what degree cause of the accident is attributable to you. In Florida, a plaintiff cannot collect anything if they are found more than 50% at fault. At 50% or less, the award is reduced by the plaintiff's share. (This is why the defense invests so heavily in blaming you, whenever possible.)

How were your medical treatments billed?

A 2023 Florida statute will affect what the jury sees regarding medical damages. For past care covered by health insurance, evidence is limited to amounts actually paid plus the amount still owed, not the provider's gross charges. In effect, the “billed charges” is often not the number in front of the jury. How and where you receive medical treatment can heavily affect your compensation.

Does PIP apply?

Florida has a no-fault system that gives most crash victims $10,000 in personal injury protection. Commercial trucks generally are not subject to Florida's PIP requirement, which can change how that threshold applies to a claim against a trucking defendant. Whether or not PIP applies is a technical question worth taking to an experienced truck accident attorney.

Are you filing within two years of the accident?

Florida enacts a two (2)-year statute of limitations period for most negligence claims. Evidence deadlines are much shorter; electronic logging device data and engine control module downloads can be overwritten in a matter of days to weeks, and a carrier's duty to retain many records is measured in months, not years. Preserving that evidence is one of the first things a truck accident lawyer actually does.

Do punitive damages apply?

Under Florida law, does not permit a punitive claim to be pleaded at the outset; a plaintiff must first show the court a reasonable evidentiary basis for recovery. In trucking, that basis tends to come from the carrier's own records: falsified logs, an ignored out-of-service order, a driver retained after positive drug tests or a documented pattern of violations.

What is the average truck accident settlement in Florida?

While there is no published average—many cases are resolved confidentially—our personal experience is that settlements range from modest soft-tissue resolutions to eight figures in catastrophic-injury and death cases. What determines your case value is your specific injury and prognosis, your fault percentage, the strength of the liability proof, and how much insurance sits behind the responsible parties.

How long does a Florida truck accident case take?

Straightforward claims with clear liability and completed treatment can resolve in months. Serious cases usually take a year or more, because the claim cannot be accurately valued until treating physicians can state a prognosis and any life care and economic analyses are complete. Cases that must be filed and tried take longer.

Should I take the trucking company's first offer?

Not before you know your prognosis and have confirmed how many policies and parties are actually in play. An early offer is priced against the record that exists that week: an ER visit, a few weeks of therapy, whatever wages have been missed so far. It does not include the fusion surgery a year out, the twenty-year wage differential, or the home modifications. Any settlement, regardless of how small or quickly resolved, closes your case permanently.

The trucking company says I was partly at fault. Does that end my claim?

Not unless they're right—and even then, only if your share exceeds 50%. A plaintiff who is 50% or less at fault still recovers, reduced by that percentage; above 50%, recovery is barred. Fault allocation is a contested issue of proof, not something the carrier's insurer gets to decide.

The truck company has $5 million in insurance coverage. Does this affect the value of my claim?

Insurance limits are ceilings, not starting points. High limits mean a serious claim will not be artificially capped, but the offer is still dependent upon the evidence of your case, as well as the factors mentioned above. A large insurance policy does not imply an easy case, or a successful claim.

My family member was killed in a truck accident. What do I do?

Florida's Wrongful Death Act governs who may bring the claim, and what each category of survivor may recover. The classes of recoverable damages differ from an injury claim, and the analysis is worth getting right early. We urge you to speak with a truck accident attorney as soon as possible to preserve the integrity of your wrongful death case.

Is the trucking company required to preserve the evidence?

Not indefinitely. ELD data, ECM downloads, dashcam footage, dispatch records, maintenance files, and driver qualification files all have retention windows, and some of the most valuable data is the shortest-lived. Evidence is only guaranteed to be preserved with the submission of a spoliation and preservation letter; this is just one more reason to retain a Florida truck accident attorney as soon as possible.

What does it cost to have a lawyer evaluate my case?

Nothing. At TWWHB, we handle all personal injury cases on a contingency fee basis, meaning we collect no fee unless we recover for you. Your initial evaluation is always free.