Accidents involving a truck are much more damaging than common collisions, resulting in more severe casualties, as well as being more legally significant. According to the National Safety Council (NSC), in 2023 alone, there were more than 5,375 large truck fatal crashes and more than 153,000 injuries. These are not mere statistics but lives that are turned upside down, and their families are struggling with insurmountable medical costs, and victims are navigating long recoveries while fighting for justice.
With these numbers, you’ll most likely be asking these questions:
- What are the legal rights in the case of a truck accident? (Read more in our guide on What Does a Truck Accident Lawyer Do?)
- What is the average time of a lawsuit in the case of an accident with a truck?
- How does one obtain fair compensation with the help of a truck accident lawsuit?
Whether you’re preparing to file or still weighing your options, this comprehensive truck accident lawsuit guide walks you through what to expect—and how to maximize your claim every step of the way.
What Makes Truck Accident Lawsuits Different?
The crash involving a large truck usually ends in severe damage or loss of life; hence, the lawsuits in these kinds of accidents are of high stakes and involve numerous individuals, as opposed to suits involving a car crash.
- Several parties are at fault: The truck driver, the trucking company and the cargo loaders, and even the manufacturers might be at fault.
- Federal regulations: Trucking is also a federally regulated industry, overseen by the Federal Motor Carrier Safety Administration (FMCSA), and compliance with records and logbooks is crucial. (Learn more in our article on How Do Truck Accident Lawsuits Work in Florida)
- Complicated insurance cover: The trucks used commercially are insured at higher limits and come with corporate insurers, who know how to reduce the compensation.
- Greater injury and fatality: According to NSC, there has been a 40% rise in truck crash deaths in the last decade, and 70% of the fatalities are the occupants of other vehicles.
When Filing a Lawsuit is the Right Choice?
Not every crash has to be litigated. However, in the following cases, taking a truck accident lawsuit can be considered the only way to receive fair compensation:
- You sustained long-term or disabling injuries.
- The insurance bid will not protect your real losses.
- Liability is unclear or denied.
- You were in a car accident, and you lost somebody dear to you.
- Evidence indicates that the trucker or company has broken the safety laws. (See the 10 Common Causes of Truck Accidents in Florida to learn which violations often lead to lawsuits)
| Did You Know? FMCSA regulations cap truck drivers at 11 hours of driving within a 14-hour shift. Violations of these Hours-of-Service rules are often found during lawsuits |
What Should You Do Immediately After a Truck Crash?
In order to protect your future claim, you must know these essential steps right after the accident:
- Call 911 and get the police report.
- Seek medical attention as soon as possible.
- Take photos/videos of vehicles, injuries, road conditions, and license plates.
- Gather witness names and contact information.
- Do not speak to the truck company’s insurer without legal counsel.
When it comes to the truck accident lawsuit, every little detail matters.
What to Expect in the Truck Accident Lawsuit Process?
When you file a truck accident lawsuit, there are several steps involved: initial consultation with a lawyer, investigation and evidence gathering, settlement negotiations, and potentially litigation (trial). Here is what happens, explained briefly:
Initial Consultation & Investigation
First, you’ll visit a truck accident lawyer to get a consultation, which is often a free appointment. You would tell them about your case, and they would inform you on whether you have a good case.
As you move forward, the legal team starts the investigation, finding the evidence such as:
- Black box (records the speed, braking, etc., of the truck)
- Driver logs (to see whether the driver was tired or overworked)
- Maintenance records (to find safety problems)
- Pictures, videos, and witness statements
Filing the Lawsuit
In case the insurance firm fails to provide reasonable compensation, your attorney makes a formal complaint to the civil court to initiate the suit.
Discovery Phase
This stage entails the sharing of information. These are the steps:
- Depositions (sworn statements that are statements taken in a structured and official interview)
- Opinion of an expert (such as a medical opinion or accident reconstruction)
- Interrogatories (questions, written to obtain further information)
Negotiation
The majority of cases involving truck accidents are settled out of court. The attorney will negotiate with the insurance company to obtain the most reasonable offer possible.
They can also present a higher settlement to evade court proceedings in case your case is good.
Trial (If Needed)
With failure to reach a consensus, your case goes on to trial. The facts will be presented before a judge or a jury, and they will decide:
- Who to blame?
- The amount of compensation you are entitled to
How To Maximize Compensation from a Truck Crash Lawsuit?
Use these proven strategies to increase your settlement amount:
Document Every Detail
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Avoid Talking to the Other Party’s Insurer
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Be Patient
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Work with a Trucking Law Specialist
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Take the Next Step With Truck Wreck Florida
Truck accident victims deserve more than a quick insurance check — they deserve justice.
At Truck Wreck Florida, we fight to hold negligent truck drivers and companies accountable. Bill B. Berke is backed by 35 years of experience in handling high-stakes truck accident cases, and we know what it takes to win.
- We handle the paperwork, the insurance, and the legal process
- You focus on recovery — we focus on results
Call Truck Wreck Florida today or book your free consultation online to discuss your case with a trusted legal professional.
Don’t settle for less than you deserve. Let the Truck Wreck Florida fight for full and fair compensation.
FAQs: Florida Truck Accident Lawsuits Guide
Can I Sue The Trucking Company After A Crash?
Yes. If the trucking company failed to follow safety regulations, hired an unqualified driver, or ignored vehicle maintenance responsibilities, they can be held legally liable along with the driver.
How Long Do I Have To File A Truck Accident Lawsuit?
The statute of limitations varies by state, typically between 2 to 3 years from the date of the accident. It’s important to speak to an attorney early to avoid missing the legal deadline.
What Kind Of Evidence Do I Need For A Truck Accident Claim?
Essential evidence includes police reports, photos, video footage, driver logs, black box (event recorder) data, medical records, eyewitness statements, and trucking company maintenance logs.
Do I Need A Lawyer For A Truck Accident Lawsuit?
Yes. Trucking accident claims are complex and often involve large insurance companies and federal regulations. A lawyer experienced in truck accident lawsuits can help build a strong case, avoid costly mistakes, and maximize your compensation.
