Summary
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Florida is one of the top three states with the highest number of truck accidents, resulting in 341 deaths in 2023. Truck accidents often cause catastrophic injuries and fatalities due to their size, weight, and momentum. Truck crashes can result in a wide range of injuries.
Common Injuries:
- Head and brain injuries
- Spinal cord and neck injuries
- Internal injuries
- Broken bones and fractures
- Soft tissue injuries
- Burns and lacerations
- Amputations
- Disfigurement
Long-Term Effects:
- Permanent disability
- Chronic pain
- Psychological trauma
This is why both federal and state laws related to truck accidents are difficult to navigate. To secure maximum compensation, you need to demonstrate a violation of the Federal Motor Carrier Safety Administration (FMCSA) regulations.
The FMCSA has established strict rules regarding vehicle maintenance, and driver hours and qualifications. Here, it is essential to note that Florida has the new Modified Comparative Fault rule, which can drastically reduce or eliminate your payout.
Moreover, you have two years to file a claim. Let’s learn everything in detail and see how a truck accident lawyer in Florida can help you.
How FMCSA Violations Establish Liability
Defining Negligence Per Se
Your accident lawyer in Florida can leverage the Negligence Per Se doctrine as a powerful tool. To claim a standard negligence, you need to prove the following four elements:
- Duty
- Breach
- Causation
- Damages
Negligence Per Se automatically establishes a breach of duty when a defendant (such as a trucking company or truck driver) violates Federal Motor Carrier Safety Administration (FMCSA) regulations designed to protect public safety.
In simple words, your commercial truck accident lawyer simply needs to prove that a violation of a federal rule caused the crash.
Key Violations that Prove Negligence
Hours of Service (HOS) Violations
The FMCSA strictly limits driving hours to prevent driver fatigue, a leading cause of truck accidents. A property-carrying truck driver can drive for a maximum of 11 hours within a 14-hour duty window. This is followed by a mandatory 10 consecutive hours off-duty.
The driver must take a mandatory 30-minute break after eight consecutive hours of driving. Electronic Logging Device (ELD) data can show a violation of these rules, which can be used as evidence to prove that the driver was fatigued while driving the massive vehicle.
Maintenance & Inspection Failure
It is the legal duty of the trucking company to maintain its massive vehicles. The company cannot skip the mandatory Driver Vehicle Inspection Reports (DVIRs). Worn-out brakes, defective lights, tire blowouts, and other mechanical issues can cause truck crashes. Failure to adhere to these maintenance standards proves negligence.
Improper Cargo Loading or Overweight Trucks
The federal maximum gross vehicle weight limit on the Interstate System is 80,000 pounds. An overloaded truck or a truck with improperly distributed cargo can compromise the stability, braking distance, and steering control of the vehicle. Your truck accident lawyer in Florida can use these regulations to establish liability for the resulting crash.
Drug/Alcohol Use
According to the FMCSA, a commercial driver must not operate a truck with a Blood Alcohol Concentration of 0.04% or higher. Evidence of impairment is often near-conclusive proof of negligence.
Modified Comparative Fault
The 51% Bar to Recovery
Florida’s Modified Comparative Fault rule introduces the 51% Bar to Recovery. A claimant can recover damages if he or she is found to be 50% or less at fault for the accident. If the claimant is found to be 51% at fault, then they are barred from receiving any compensation.
Compensation is reduced proportionally if the claimant is found to be 50% or less at fault.
Example
Let’s assume the total damages are $100,000 and you are found to be 30% at fault. You will receive $70,000 as compensation.
Negotiation Strategy
With the 51% Bar to Recovery, insurance companies try to prove that you were 50% at fault. They can use this rule to employ aggressive negotiation strategies.
This is why you need a Florida truck accident attorney who can collect strong, irrefutable evidence to prove FMCSA violations by the driver or the trucking company. You need to shift the blame away from you to leverage Negligence Per Se.
Uncovering the Evidence and Identifying All Liable Parties
Crucial Evidence to Collect
The FMCSA requires trucking companies to maintain the following records that can be used to prove negligence:
Electronic Logging Device (ELD) Data/Black Box
This device records vital information, including speed, hard braking events, steering inputs, and other critical details such as the Hours of Service (HOS).
Maintenance and Repair Records
The company must properly document all inspections, repairs, and maintenance. Your truck wreck attorney in Florida can identify a pattern of missed maintenance or failure to repair, clear evidence of negligence.
Driver Qualification Files (DQFs)
The FMCSA also requires the company to maintain DQF, a comprehensive file containing information on drivers’ eligibility, verification, employment applications, Motor Vehicle Records (MVRs), medical examiner’s certificates, and driving history. Any issue in this file may reveal negligent hiring or training practices.
Federal Minimum Insurance
Federal law requires trucking companies to maintain significantly higher liability insurance, with a minimum of $750,000. However, many companies hold multi-million dollar policies. Your truck wreck attorney in Florida identifies these policies early to evaluate the maximum value of your claim.
Who Can Be Held Liable
There can be multiple potentially liable parties in a truck crash. You can receive the highest possible settlement if you can hold all of them accountable. These parties include:
| Liable Party | Basis of Liability |
| The truck driver | Direct negligence such as speeding, DUI, distracted driving or HOS violation |
| The trucking company | Vicarious liability and direct negligence such as negligent hiring or training, pushing the driver to violate HOS rules or failure to repair or maintain the vehicle |
| The Cargo Loader/Shipper | Improper loading |
| The Manufacturer | Product liability |
Damages Available
When your commercial truck accident lawyer successfully proves liability, you can pursue comprehensive damages categorized into the following three categories:
Economic
This category includes past and future medical bills, lost wages, loss of future earning capacity, property damage, and rehabilitation costs.
Non-Economic
This category includes compensation for pain and suffering, emotional distress, psychological trauma (PTSD), scarring/disfigurement, loss of enjoyment of life, and other intangible losses.
Punitive
Punitive damages are awarded to punish the defendant for intentional misconduct, destroying evidence, willfully ignoring safety rules, and other egregious behavior.
Conclusion
With Negligence Per Se, your lawyer only has to prove that a violation of a federal rule caused the crash. With modified comparative fault, your compensation can be reduced or even barred, depending on the percentage of your fault.
Frequently Asked Questions
How long do I have to file a lawsuit following a Florida truck accident?
You must file a truck accident lawsuit in Florida within two years from the date of the accident.
Does a violation of an FMCSA rule automatically prove negligence against the trucking company?
No, it does not, but you can use it as powerful evidence under the doctrine of Negligence Per Se to prove a breach of duty.
What happens if I was partially at fault for the accident, and how does Florida’s 51% rule affect my compensation?
Your compensation is reduced proportionally depending on the percentage of your fault if you are found to be 50% or less at fault. You get no compensation at all if you are 51% or more at fault.
Who can I sue besides the truck driver?
You can also sue the trucking company, the cargo loader, and the manufacturer of the defective parts.
What is the minimum insurance coverage required for an interstate commercial truck?
If your general freight exceeds 10,001 pounds, then the FMCSA requires a minimum insurance of $750,000.
What key records must my lawyer obtain immediately to prove an FMCSA violation before the trucking company can destroy them?
Your lawyer must obtain the following records to prove an FMCSA violation:
- ELD data
- EDR data
- Driver Qualification File (DQF)
- Maintenance records
- Driver’s cell phone records
