Hit by a Truck? Call a Miami Lawyer Right Away

Being hit by a commercial truck is not the same as being hit by a passenger car. Truck cases involve federal motor carrier regulations, multiple potential defendants, far higher insurance limits, and evidence stored in electronic systems that may be overwritten or destroyed within days unless someone moves quickly to preserve it. The first hours after a serious truck crash in Miami can determine whether you ultimately recover full compensation or settle for a fraction of what your case is worth.

Why Speed Is Critical in Truck Cases

• Electronic Logging Devices (ELDs) record hours-of-service data. Federal rules require carriers to keep this data for only six months — and some carriers will overwrite or "lose" unfavorable records once a lawsuit becomes likely.
• Engine control modules ("black boxes") capture pre-crash speed, braking, throttle, and other event data. Repairs or salvage of the truck can permanently destroy this data.
• In-cab dashcams are increasingly common in commercial fleets. The video is often retained for as little as 30 days.
• The driver qualification file, hiring records, training records, and prior crash history are routinely produced only in response to formal litigation requests. Identifying a pattern of negligence requires getting these records before the carrier "cleans up" the file.
• The truck itself often needs to be inspected by an accident reconstructionist before it is repaired or scrapped.

Who Can Be Liable in a Florida Truck Crash

• The truck driver, for negligent operation
• The motor carrier — under both respondeat superior and direct theories such as negligent hiring, training, retention, supervision, and entrustment
• The truck owner or lessor
• A shipper or broker that pressured the driver to violate hours-of-service limits
• A maintenance contractor that performed inspection or repair work
• A cargo loader for shifting or unsecured loads
• The manufacturer of a defective tire, brake, or other component

Higher Insurance Limits Mean Higher Stakes

Federal law requires interstate motor carriers to maintain at least $750,000 in liability insurance, and $1 million or more for hazardous materials. Many carriers carry $1 million primary policies plus layered excess coverage well above that. The higher available limits in a truck case make full-value damages economically realistic — and they also explain why trucking-defense lawyers fight these cases so hard.

What to Do in the First 48 Hours

• Get medical evaluation immediately — and within 14 days at minimum to preserve PIP benefits
• Make sure a Florida Traffic Crash Report has been generated
• Photograph the truck, the cab, the trailer, the position of the vehicles, and any visible damage to the company markings or DOT number
• Get the truck's USDOT and MC numbers from the cab door
• Identify witnesses and get their contact information
• Do not give a recorded statement to the trucking company's insurance representative
• Call a personal injury lawyer with truck-case experience

The Federal Motor Carrier Safety Regulations

Commercial trucks operating in interstate commerce are governed by the Federal Motor Carrier Safety Regulations (FMCSRs), codified at 49 CFR Parts 350–399. These rules cover virtually every aspect of trucking operations:

• Hours of service (Part 395). Drivers are limited to 11 hours of driving within a 14-hour on-duty window, after 10 consecutive hours off duty. The 60-hour/7-day and 70-hour/8-day rules cap weekly cumulative driving. Violations are common contributing factors in fatigue-related crashes.
• Driver qualification (Part 391). Carriers must verify CDL status, conduct road tests, perform background checks, and maintain a driver qualification file.
• Drug and alcohol testing (Part 382). Pre-employment, random, reasonable-suspicion, and post-accident testing is mandatory.
• Vehicle inspection, repair, and maintenance (Part 396). Daily driver vehicle inspection reports and periodic systematic inspections are required.
• Cargo securement (Part 393, Subpart I). Improperly secured loads cause shifts, rollovers, and falling-cargo crashes.

A regulatory violation can support negligence per se in a Florida civil case, and the regulations themselves are often used by plaintiff's expert witnesses to set the standard of care.

Florida's Insurance Framework

Florida is a no-fault state. Every Florida driver is required to carry $10,000 in Personal Injury Protection under § 627.736, paying 80% of medical bills and 60% of lost wages regardless of fault. To step outside the no-fault system and recover non-economic damages from the trucking defendants, the injured person must satisfy the serious-injury threshold of § 627.737 — permanent injury within a reasonable degree of medical probability, significant scarring or disfigurement, or significant and permanent loss of an important bodily function. Most truck crash injuries cross that threshold easily because of the mass and force involved.

On the liability side, federal minimums under 49 CFR § 387.9 require $750,000 for general freight, $1 million for non-bulk hazmat, and $5 million for certain hazardous materials. Most large national carriers carry $1 million primary policies with substantial excess and umbrella layers. Identifying every layer of coverage is one of the first practical tasks of plaintiff's counsel.

Direct Negligence Theories Against the Carrier

In addition to vicarious liability under respondeat superior, Florida law recognizes several direct-negligence theories against the motor carrier itself:

• Negligent hiring. The carrier failed to adequately vet the driver's qualifications, prior driving record, drug screen, or background.
• Negligent training. The driver was not given adequate training on the specific equipment, route, or cargo.
• Negligent retention. The driver had a history of violations or crashes and the carrier kept him on the road anyway.
• Negligent supervision. The carrier failed to monitor compliance with hours-of-service rules, drug testing, or company policies.
• Negligent entrustment. The carrier gave the driver control of a vehicle the driver was not qualified or fit to operate.

These theories matter because they open the door to evidence of the carrier's broader patterns — prior crash history, safety scores, training programs, and corporate policies — that would not be admissible in a pure respondeat-superior case.

Comparative Fault Under § 768.81

Since March 2023, Florida applies modified comparative negligence. If the jury finds you more than 50% at fault, you recover nothing. At 50% or below, your damages are reduced by your percentage of fault. Trucking defense lawyers aggressively shift blame — arguing the passenger-car driver was speeding, distracted, fatigued, or failed to maintain a safe following distance. The Florida Traffic Crash Report, scene photographs, traffic-camera footage, the truck's ELD and ECM data, and dashcam footage are essential to locking down liability before discovery is complete.

Damages Available

• Past and future medical expenses, including surgery, rehabilitation, and ongoing care
• Past and future lost wages and loss of earning capacity
• Future life-care needs in catastrophic cases, supported by a life-care planner
• Pain and suffering, mental anguish, and loss of enjoyment of life
• Disfigurement and scarring
• Loss of consortium for the injured person's spouse
• Wrongful death damages under § 768.16 et seq. for surviving spouses, children, and certain dependents
• In qualifying cases under § 768.72, punitive damages where the conduct was intentional or grossly negligent

Statute of Limitations

HB 837, signed into law in March 2023, shortened Florida's general negligence statute under § 95.11 from four years to two years. A commercial truck crash today must be filed within two years of the crash date. Wrongful death claims must be filed within two years of death. Missing the deadline permanently extinguishes the claim.

Common Defense Tactics

• "The injury preexisted the crash." Defense will subpoena every prior medical record going back a decade. Treating physicians help document the difference between baseline degeneration and acute trauma.
• "The plaintiff is exaggerating." Surveillance investigators are routinely hired in serious cases.
• "The plaintiff did not mitigate damages." Treatment gaps and refusal of recommended care are used aggressively.
• "The plaintiff caused the crash." Scene reconstruction, ELD data, dashcam footage, and witness testimony are used to push back.
• "The driver was an independent contractor." Particularly common in last-mile delivery and some owner-operator arrangements; counsel must analyze the actual control relationship under Florida law.

Why a Miami Venue Matters

Truck crashes involving Miami-Dade plaintiffs are properly venued in the Eleventh Judicial Circuit. Miami juries are familiar with the heavy commercial traffic on I-95, the Palmetto Expressway, the Dolphin, the Turnpike, and U.S. 1, and with the trucking activity around PortMiami and the Miami River industrial corridor. Local treating physicians at Jackson Memorial, Baptist Health, Mount Sinai, and other South Florida systems are accessible for trial. Venue affects jury composition, available experts, and the realistic settlement value of the case.

Frequently Asked Questions

Should I talk to the trucking company's insurance representative?

No. Refer all communications to your lawyer. Anything you say will be recorded.

What if the driver was an owner-operator?

The motor carrier whose authority the driver was operating under (whose USDOT/MC numbers appear on the truck) is generally responsible under federal leasing regulations, regardless of the labels in the contract.

How long do truck cases take?

Most cases that resolve before trial take 12 to 24 months. Catastrophic-injury cases with substantial damages discovery can take longer.

What if I was partly at fault?

You may still recover if your share of fault is 50% or less under § 768.81. Your damages will be reduced proportionally.

What does it cost to hire your firm?

Nothing upfront. We handle truck cases on a contingency-fee basis and advance all costs of investigation, expert witnesses, and litigation. You owe nothing unless we recover.

If you or a loved one has been hit by a commercial truck anywhere in Miami-Dade, Broward, or Monroe County, the Law Offices of Albert Goodwin can help. Call 786-522-1411 or email [email protected]. The earlier we are involved, the more evidence we can preserve.