Accidents involving large trucks usually result in more severe damage and injury than typical car collisions. In Florida, where commercial trucking is a critical part of the state’s economy and roadways are frequently congested, these accidents are not uncommon. If you’ve been involved in a crash with a commercial truck, the steps you take immediately afterward can significantly influence your ability to recover damages and protect your legal rights.
This guide walks through the most effective actions to take following a truck accident in Florida—both at the scene and in the days and weeks that follow.
1. Prioritize Your Safety and Call for Help
Your first concern should be health and safety. If you’re able, move yourself and your vehicle out of traffic to prevent secondary collisions. However, avoid moving anyone who is seriously injured unless they are in immediate danger.
- Call 911 to report the crash. This is not just important for emergency assistance—it ensures that a formal police report is created.
- Florida law (Florida Statutes § 316.065) requires that crashes involving injury, death, or serious property damage be reported immediately.
2. Seek Immediate Medical Attention
Even if injuries seem minor or you feel “okay,” get evaluated by a healthcare provider. Truck accidents can result in internal injuries, concussions, or soft tissue damage that may not be obvious right away.
- Florida’s no-fault insurance law requires accident victims to seek medical care within 14 days to qualify for Personal Injury Protection (PIP) benefits.
- Medical documentation also establishes a timeline that can help if you later pursue compensation beyond your PIP coverage.
3. Document the Scene Thoroughly
If you are physically able, gather as much evidence from the crash site as possible. The more detailed your documentation, the stronger your potential case.
- Take photos of all vehicles involved, road conditions, skid marks, damage, and visible injuries.
- Capture wide shots of the scene along with close-up images of specific damage.
- Note traffic signs, weather conditions, and surveillance cameras nearby.
Make sure to collect identifying details from the truck driver and their employer, including:
- Name and contact information
- Commercial driver’s license (CDL) number
- Trucking company name and insurance details
- DOT number (usually found on the side of the truck)
4. Avoid Speaking with the Trucking Company’s Insurer
Shortly after the accident, you may receive a call from the trucking company’s insurance representative. While they may sound cooperative, their goal is often to minimize payouts.
- Do not give recorded statements.
- Do not speculate about fault or your injuries.
- Politely decline further conversation until you’ve consulted a legal professional.
Trucking companies often dispatch rapid-response teams to accident scenes to protect their liability. Speaking casually or prematurely could unintentionally harm your case.
5. Report the Accident to Your Insurance Company
Under Florida law, you must notify your own insurer after an accident, even if the truck driver was at fault.
- Stick to the facts and avoid guessing about what happened.
- Provide any documentation you’ve collected but keep the conversation brief until you've sought legal counsel.
Your insurer will help you access your PIP benefits for immediate medical expenses and lost income.
6. Preserve Evidence and Keep a Detailed Record
In the days following the accident, begin compiling a personal record of how the crash is affecting your life. This information can be pivotal when seeking compensation.
Keep a log of:
- Medical appointments and diagnoses
- Prescriptions and treatments
- Days missed from work
- Physical or emotional challenges
- Repair estimates or property damage costs
Also, do not repair or dispose of your vehicle before it has been inspected, especially if you intend to pursue a claim. Vehicle damage can serve as key evidence.
7. Consult an Attorney Experienced in Florida Truck Accident Claims
Truck accident cases differ significantly from typical car crash claims. The legal landscape involves multiple parties—such as the truck driver, employer, vehicle owner, cargo company, and insurers—and a tangle of state and federal regulations.
An attorney experienced in Florida truck accidents can:
- Investigate and preserve time-sensitive evidence like black box data and maintenance records
- Handle negotiations with aggressive insurance carriers
- Determine whether federal safety violations contributed to the crash
- Build a compelling case if litigation becomes necessary
Many personal injury attorneys in Florida work on a contingency fee basis, so you won’t owe legal fees unless they recover compensation on your behalf.
8. Understand the Statute of Limitations
Under Florida law, you typically have two years from the date of a truck accident to file a personal injury lawsuit (Florida Statutes § 95.11). If a wrongful death is involved, the timeline is also generally two years. Failing to file within that period could mean losing the right to pursue a claim altogether.
However, certain exceptions or circumstances—like a government entity being involved—could impact the timeline, so it’s best to consult an attorney early.
9. Know What Compensation May Be Available
Depending on the circumstances, you may be eligible for compensation beyond what PIP covers, including:
- Medical expenses not covered by your insurance
- Future medical care and rehabilitation
- Lost wages and reduced earning capacity
- Pain and suffering
- Property damage
- Emotional distress
- Punitive damages (in cases of extreme negligence)
An attorney will review the full extent of your damages and advise you on how to pursue a fair settlement or verdict.
10. Stay Off Social Media
Avoid sharing any details about the accident or your injuries on social media. Insurance companies and opposing attorneys often review online activity and may use your posts to challenge or undermine your claim.
Even innocent posts, like vacation photos or status updates, can be taken out of context and used to challenge the severity of your injuries or the credibility of your account.
Conclusion
A truck accident in Florida can often be a life-altering experience, and the steps you take in the aftermath can greatly affect your ability to recover both physically and financially. Focusing on your well-being, gathering key evidence, and partnering with an experienced attorney can significantly strengthen your ability to recover the compensation and support you’re entitled to.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Navigating Florida truck accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced truck accident lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.