A collision with a loaded tractor-trailer is not the same case as two passenger cars trading paint on South Dixie Highway. A fully loaded truck can weigh 20 to 30 times more than a car, and the company that owns it usually has an insurance adjuster on scene within hours.
Miami-Dade truck accident lawyers investigate a crash involving a commercial truck to identify every liable party, from the driver to the trucking company to a maintenance contractor. Federal regulations and higher insurance requirements apply to these cases in ways that do not apply to ordinary car accidents.
Berger & Hicks, P.A. represents people injured in truck accidents across Homestead, West Kendall, and the South Miami-Dade suburbs. Martin Berger and Zachary Hicks handle these cases personally, from the initial evidence preservation letter through negotiations with the carrier's insurer or a jury trial.
Call (305) 670-7050 for a free consultation. Our lawyers speak Spanish.
Why Do Truck Accidents Cause More Serious Injuries Than Car Accidents?
Truck accidents cause more serious injuries because of the size and weight difference between a commercial truck and a passenger vehicle. A fully loaded tractor-trailer can weigh 70,000 to 80,000 pounds, compared to roughly 4,000 pounds for an average sedan.
That weight disparity changes how a crash plays out. A truck needs more distance to stop, its blind spots are dramatically larger, and a rollover or underride collision can cause catastrophic injuries even at moderate speeds.
Traffic on US-1 and the Florida Turnpike through Homestead carries a steady stream of commercial freight moving between the port, the Redlands agricultural area, and points north.
Who Can Be Held Liable After a Miami-Dade Truck Accident?
More than one party can share responsibility for a truck accident, and identifying all of them can significantly affect what compensation is actually available.
- The truck driver, if fatigue, distraction, speeding, or impairment contributed to the crash.
- The trucking company, for negligent hiring, inadequate training, or pressuring drivers to violate hours-of-service rules.
- A maintenance contractor, if poor brake or tire maintenance played a role.
- A cargo-loading company, if improperly secured freight caused a rollover or jackknife.
- A parts manufacturer, if a defective component such as a brake system or tire failed.
Florida's dangerous instrumentality doctrine also holds a truck's owner vicariously liable for how the vehicle is operated, even when the owner is a separate company from the driver's employer.
Sorting out which entity, or entities, actually caused the crash is where an early investigation matters most, and it often requires pulling lease agreements, dispatch records, and maintenance logs that a driver alone has no access to.
What Federal Regulations Apply to Commercial Trucks in Florida?
Commercial trucks operating in interstate commerce answer to the Federal Motor Carrier Safety Administration, or FMCSA, in addition to ordinary Florida traffic law. These regulations set standards most passenger drivers never have to think about, and a violation of any one of them can become central evidence in a truck accident case.
- Hours-of-service limits restricting how long a driver may drive before a required rest period.
- Mandatory drug and alcohol testing for commercial drivers.
- Vehicle inspection and maintenance requirements, including brake and tire standards.
- Driver qualification files documenting licensing, training, and safety history.
Federal law also sets minimum insurance coverage far above what a typical driver carries, and the amount required depends on what the truck is hauling.
| Cargo Type | Minimum Required Liability Coverage |
|---|---|
| General freight | $750,000 |
| Hazardous materials | Up to $5,000,000 |
These minimums, set under 49 C.F.R. Part 387, mean a truck accident claim involves substantially more available coverage than a typical car accident claim, which is part of the reason why trucking companies and their insurers fight these cases.
Why Does Evidence Disappear Fast After a Truck Crash?
Commercial trucks carry electronic control modules, sometimes called black boxes, that record speed, braking, and engine data in the moments before a crash. Many trucking companies also use dashcams and GPS tracking systems. This data is not guaranteed to be preserved.
- Electronic control module data that some systems overwrite after a set number of driving hours.
- Dashcam footage that many fleets automatically delete on a rolling schedule.
- Driver logs and hours-of-service records that a company is not required to retain indefinitely.
- Physical evidence at the scene, including skid marks and debris, that highway crews clear within days.
Berger & Hicks sends a formal evidence preservation letter to the trucking company as soon as a case begins, putting the carrier on legal notice that this data must be retained.
What Should You Do at the Scene of a Truck Accident?
The steps taken in the first hour after a truck accident can shape the case, particularly because the trucking company's own investigators often arrive on scene quickly.
- Call 911 and request police and medical response, even if injuries seem minor at first.
- Photograph the trucks involved, including the DOT number, company name, and license plate.
- Photograph skid marks, debris, and the final position of both vehicles before anything is moved.
- Get contact information for any witnesses, since trucking company investigators may contact them first.
- Avoid discussing fault or making statements to anyone representing the trucking company at the scene.
None of this needs to happen alone. Berger & Hicks can help gather additional evidence once the case is underway.
How Do Trucking Companies Try to Minimize Truck Accident Claims?
Large trucking companies and their insurers have handled far more crash claims than the average injured driver has, and several tactics show up again and again in these cases.
- Sending a rapid-response investigator to the scene before the injured driver has legal representation.
- Arguing the injured driver's own actions caused or contributed to the crash.
- Offering a fast settlement before the full extent of injuries is known.
- Claiming the driver was an independent contractor to try to limit the company's own liability.
- Disputing which entity, the driver, the carrier, or a leasing company, actually controlled the truck.
Recognizing these tactics early changes how a case gets built, which is part of why Berger & Hicks moves quickly once a truck-accident client calls.
How Long Do You Have to File a Truck Accident Claim in Florida?
Florida gives an injured person two years from the date of the crash to file a negligence-based lawsuit, under Fla. Stat. § 95.11(4)(a). This two-year window, shortened from four years by a 2023 change in the law, applies to most truck accident claims based on driver or company negligence.
Florida also applies a modified comparative fault rule that bars recovery entirely if the injured driver is found more than 50 percent at fault for the crash, and reduces the award proportionally at 50 percent or below.
What Compensation Can a Truck Accident Claim Recover?
An injured driver or passenger may be entitled to recover several categories of damages after a serious truck accident, depending on the severity of the injuries and how they affect daily life going forward.
- Past and future medical treatment, including surgery, rehabilitation, and long-term care.
- Lost income during recovery and reduced future earning capacity for a disabling injury.
- Pain and suffering connected to the physical and emotional impact of the crash.
- Property damage to the vehicle and other personal property involved in the collision.
Truck accidents can involve higher insurance limits and multiple potentially liable parties, valuing a claim accurately requires more investigation than a typical car accident case.
Ask the Miami-Dade Truck Accident Lawyers at Berger & Hicks
The trucking company's insurance adjuster called me the day after the crash. Should I talk to them?
No. It is best to avoid giving a recorded statement to the trucking company's insurer before speaking with an attorney, since adjusters are trained to ask questions that can be used to reduce the claim's value later.
How do I find out who owns the truck that hit me?
The truck's DOT number, usually displayed on the door or trailer, along with the police report, identifies the registered carrier and can be used to pull the company's federal safety records.
What if the driver was an independent contractor, not a company employee?
The trucking company can still bear responsibility even for a contracted driver, especially if the company controlled how the work was performed or failed to properly vet the driver's qualifications.
My truck accident happened on I-95, not near Homestead. Can Berger & Hicks still help?
Yes. The firm represents clients throughout Miami-Dade County, and the location of the crash itself does not need to be in Homestead or West Kendall for the firm to take the case.
Do I need a lawyer if the trucking company already admitted fault?
Maybe. An early admission does not set the value of a claim, and insurers sometimes reverse course once a formal investigation begins, so a free consultation can clarify the real value of the case.
Can I still recover if I was partly at fault for the crash?
Yes, if your share of fault is 50 percent or less. Florida law bars recovery entirely only when the injured person is found more than 50 percent responsible.
How much does hiring a truck accident attorney cost upfront?
Nothing. Berger & Hicks handles truck accident cases on a no-fee-unless-recovery basis, and the initial consultation is free.
What if the trucking company is based out of state?
Florida courts can hear a case against an out-of-state trucking company if the crash happened here, and an attorney familiar with Miami-Dade courts can determine where the case belongs.
How long does a truck accident case usually take?
It depends on the severity of the injuries and how many parties are involved, but cases with multiple defendants and higher insurance limits take longer to resolve than a standard car accident claim.
What if the truck accident involved a Florida Turnpike toll plaza or on-ramp?
The specific location of a crash, including a toll plaza, on-ramp, or interchange, does not change the legal analysis, though it may affect which agency's traffic cameras or records become useful evidence.
Call a Miami-Dade Truck Accident Lawyer for Answers on Your Claim
Once a settlement release is signed, most homeowners cannot go back and ask for more, even if the damage turns out to be worse than first assumed.
Berger & Hicks, P.A. reviews property insurance disputes for homeowners across Homestead, West Kendall, and the South Miami-Dade suburbs at no cost, with no fee unless the case recovers.
Call (305) 670-7050, our lawyers speak Spanish and your consultation is free.