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Truck accidents in Florida are legally complex. Unlike standard car accidents, collisions with large trucks often involve multiple parties, state and federal regulations, and insurance policies that go far beyond Florida’s minimum coverage requirements.
For anyone injured in a truck crash involving an 18-wheeler or other commercial vehicle, understanding truck accident laws in Miami is essential. Working with a Miami truck accident attorney can make the difference in protecting your rights and pursuing the compensation you deserve.
The Morgan Law Group has represented injured victims for decades, holding negligent trucking companies, drivers, or any party accountable under Florida’s trucking laws.
If you have been involved in a collision, you should at least know these truck accident laws and how they affect your claim.
Statute of Limitations for Truck Accident Claims
One of the most important Florida truck accident laws, including Miami, is the statute of limitations. This law sets strict deadlines for filing a claim after a truck crash.
- Personal Injury Claims: In Florida, you generally have 2 years from the date of the accident to file a lawsuit for injuries. This timeline applies to accidents involving trucks as well. If you fail to file within 2 years, the court will likely dismiss your truck accident claim, no matter how strong it may be.
- Wrongful Death Claims: If a loved one passes away due to a truck crash, the family typically has 2 years from the date of death to pursue a wrongful death claim. These claims allow surviving family members to seek damages for funeral expenses, lost financial support, emotional suffering, and other wrongful death damages.
Truck accident law is strict about these deadlines, and courts rarely allow exceptions. That’s why it is crucial to consult with a truck accident lawyer in Miami as soon as possible after the collision.
Federal and State Truck Regulations
Commercial trucks operating in Miami are subject to both Florida trucking laws and federal regulations set by the Federal Motor Carrier Safety Administration (FMCSA). These rules are designed to keep roads safe and limit accidents caused by fatigued drivers, poorly maintained trucks, or overloaded trailers.
When a crash occurs, these regulations often play a critical role in proving negligence. A violation of trucking laws can serve as evidence that the driver or trucking company acted carelessly.
Here are some key areas of regulation:
Hours of Service
Truck drivers are limited in how long they can drive without rest.
Federal hours of service rules require:
- A maximum of 11 hours of driving after 10 consecutive hours off duty.
- No more than 60/70 hours in 7/8 consecutive days on duty.
- A required 30-minute break after 8 hours of driving.
If a driver exceeds these limits and causes a crash, the trucking company may be held liable for pushing unsafe schedules.
Driver Qualifications
Truck drivers must hold a valid Commercial Driver’s License (CDL) and undergo routine drug and alcohol testing. They must also meet physical qualifications, such as vision and hearing standards. If a trucking company hires an unqualified driver or ignores failed drug tests, it can be held responsible under truck accident laws.
Truck Lane Restrictions
Florida imposes lane restrictions on large trucks to improve safety. On many highways, trucks are prohibited from using left-hand “fast lanes.”
In Miami, where highways like I-95 and the Dolphin Expressway are heavily congested, these rules are meant to reduce dangerous lane changes. If a truck driver violates these lane restrictions, it can be considered negligence.
Size and Weight Restrictions
Commercial trucks are also subject to strict weight and size limits. Overloaded trucks pose a higher risk of brake failure and rollovers. Florida trucking laws enforce weight restrictions through highway weigh stations. When a truck exceeds these limits and contributes to a crash, both the driver and the company may be legally responsible.
Modified Comparative Fault in a Truck Accident
Truck accident claims in Miami are also governed by Florida’s modified comparative fault rule. This law determines how damages are awarded when more than one party is liable for a truck accident.
Under this rule:
- If you are found more than 50% at fault, you cannot recover damages.
- If you are 50% or less at fault, you may still recover compensation, but your percentage of fault will reduce it.
For example, if you were awarded $200,000 in damages but were found 20% at fault for speeding, your compensation would be reduced to $160,000.
An attorney in Miami can gather evidence for your truck accident case (such as black box data, driver logs, and witness statements) to minimize any attempt by the trucking company to shift blame onto you.
No-Fault Insurance in a Truck Accident
As a no-fault insurance state, drivers in Miami must first turn to their own Personal Injury Protection (PIP) coverage after a truck accident, regardless of who caused it.
However, truck accidents often cause catastrophic injuries that far exceed PIP coverage. In such cases, victims may step outside the no-fault system and pursue a claim against the truck driver, the trucking company, or other liable parties. Severe injuries such as spinal cord damage, traumatic brain injury, or wrongful death typically qualify.
Take note that commercial truck drivers and companies must carry higher insurance limits than passenger vehicles. This requirement ensures that when serious crashes occur, there is adequate coverage to compensate victims.
For instance:
- Trucks traveling across state lines must carry at least $750,000 in liability insurance for bodily injury and property damage.
- Trucks carrying hazardous cargo may need up to $5 million in insurance coverage.
These trucking laws are critical for injured victims. Even if your damages exceed what the driver’s policy covers, additional layers of coverage may be available through the trucking company, cargo loaders, or third-party insurers.
This is where knowledge of truck accident laws is crucial. A Miami truck accident attorney can investigate all potential insurance sources to maximize your recovery.
Hiring an Attorney in Miami Who Focuses on Truck Accident Laws
Truck accident cases are very different from standard car accidents. They often involve multiple defendants, federal trucking laws, and aggressive defense teams hired by trucking companies and their insurers.
A truck accident lawyer in Miami can:
- Investigate whether the driver violated hours-of-service rules
- Review the truck’s maintenance and inspection records
- Analyze black box data to determine speed and braking before the crash
- Identify all responsible parties, including the trucking company, cargo owners, or even manufacturers of defective truck parts
- Handle negotiations with insurers who often try to settle claims for far less than victims deserve
Given the high stakes and the resources trucking companies put into defending these cases, having an attorney familiar with truck accident law is essential.
Miami Truck Accident Laws Were Made to Protect Your Rights
Truck accident laws in Miami are designed to protect victims and hold negligent drivers and trucking companies accountable. From strict filing deadlines to regulations on driver hours, lane restrictions, and mandatory insurance coverage, these laws shape how your claim is handled.
If you or a loved one has been injured in a crash with a commercial truck, working with a Miami truck accident attorney can give you the advantage you need. The Morgan Law Group is dedicated to representing the injured in Miami and ensuring trucking laws are enforced to protect your rights.
Don’t delay taking action after a truck collision; call our Miami office today at (305) 419-0584 or contact us using our online form to discuss your legal options for free.
