Coral Gables Commercial Truck Accident Attorneys
Collisions involving 18-wheelers, semi-trucks, and tractor-trailers can cause catastrophic injuries and raise questions about who is responsible and which insurance applies. At Maderal Byrne & Furst, we represent people who have been seriously injured in commercial truck crashes across Florida, and families who have lost a loved one. Our firm limits its caseload so every client receives direct attention from our attorneys. Amazon delivery truck accidents raise additional questions because delivery vans may be operated by contracted companies and independent drivers.
Why Truck Crashes Are Different
According to the Insurance Institute for Highway Safety, most deaths in large truck crashes are occupants of cars and other passenger vehicles (65% in 2023), and large trucks often weigh 20 to 30 times as much as passenger cars. Commercial trucking is also regulated differently from ordinary driving. Motor carriers and drivers must follow safety regulations set by the Federal Motor Carrier Safety Administration, which cover areas such as driver hours of service, driver qualification, and vehicle inspection and maintenance. Whether a regulation was violated can matter in a claim.
Evidence in Truck Accident Cases
Records that can matter in a truck accident claim include:
- Electronic logging device (ELD) data: records of driver hours of service.
- Engine control module (ECM) data: information such as vehicle speed and braking before a crash.
- Driver qualification files: driver background, licensing, and medical certification records.
- Inspection and maintenance logs: records of the truck’s condition and repairs.
Some of this data can be overwritten or discarded over time, so a preservation letter asking the carrier to keep it is often sent early in these cases.
Who May Be Responsible in a Commercial Truck Crash
More than one party can be involved. Which parties are responsible depends on the facts.
| Party: | Questions that may arise: |
|---|---|
| Truck driver | Whether the driver followed traffic laws and hours-of-service rules |
| Motor carrier | Hiring, training, supervision, dispatch practices, and vehicle maintenance |
| Cargo loaders | Whether cargo was properly loaded and secured |
| Maintenance contractors | Whether required inspections and repairs were performed |
| Vehicle or parts manufacturers | Whether a defect played a role |
Florida’s no-fault rules can apply differently when a commercial vehicle is involved. See our Car Accidents page for how no-fault works in general.
Florida Deadlines & Comparative Fault
Under Florida Statute § 95.11(5)(a), a negligence lawsuit for an injury that happened after March 24, 2023, generally must be filed within two years. A wrongful death lawsuit also generally has a two-year limit, which runs from the date of death. Some claims follow different deadlines or notice requirements.
Florida applies a modified comparative fault standard under Florida Statute § 768.81:
- 50% or Less at Fault: You can recover damages, though your award is reduced by your percentage of fault.
- More Than 50% at Fault: In most negligence cases, you are generally barred from recovering damages.
Serious Injuries in Truck Accident Cases
Serious truck accident claims can involve traumatic brain injuries, spinal cord injuries, amputations and crush injuries, burns, and wrongful death. The compensation available depends on the facts of each case and the law that applies. It can include medical expenses, lost income, and non-economic harm such as pain and suffering. We cannot predict or promise the outcome of any case.
What to Do After a Truck Accident
- Get medical care promptly and follow your treatment plan.
- Call the police and ask for a copy of the crash report.
- Preserve evidence, including photos, video, the truck’s markings and DOT number, and the names of witnesses.
- Keep records of your expenses and missed work.
- Be careful what you say to insurance companies. Consider speaking with an attorney before giving a recorded statement.
- Avoid posting about the crash on social media.
Our Attorneys
Founders Frank Maderal and John Byrne are former federal prosecutors. Partner Rachel Furst served as Co-Chair Lead Counsel in the Champlain Towers South collapse class action. Meet our attorneys.
Frequently Asked Questions
Will you take my truck accident case?
We handle serious injury and wrongful death claims. Whether we can take a particular case depends on the facts. Contact us for a free case evaluation.
Can I sue the trucking company?
Possibly. A trucking company may be responsible depending on the facts, including whether the driver was its employee or contractor, who owned and maintained the truck, and what the driver was doing at the time of the crash.
Why is evidence time-sensitive in a truck accident?
Some electronic and maintenance records can be overwritten or discarded over time. A preservation letter asks the carrier to keep them.
How long do I have to file a lawsuit?
For most negligence claims where the injury happened after March 24, 2023, the deadline is generally two years. Some claims follow different deadlines or notice rules, so speak with an attorney as soon as you can.
What if I was partly at fault?
In most Florida negligence cases, you can still recover if you were 50% or less at fault, though your award is reduced by your percentage of fault. If you are found more than 50% at fault, you are generally barred from recovering.
How much does it cost to hire a truck accident lawyer?
We generally handle truck accident cases on a contingency fee basis. When we do, you pay no attorney fees, and owe nothing for case costs, unless we recover compensation for you.
If you or a loved one suffered a serious injury in a truck accident, contact Maderal Byrne & Furst today for a free, confidential case evaluation.
Call our office directly at 305-520-5690 or fill out our secure online contact form to speak with a member of our team about your claim.
The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
Submitting an online contact form or requesting a case evaluation does not establish an attorney-client relationship.
Past outcomes and verdicts do not guarantee a similar result in future legal matters.
The information on this page is for general informational purposes only and is not legal advice. The law is subject to change, and how it applies depends on the facts of each case. For advice about your situation, consult a licensed attorney.
