When 18-wheelers and other large commercial trucks share the road with passenger vehicles, crashes can be catastrophic. Unfortunately, truck accidents on Central Florida roadways are common because of the size and weight of commercial vehicles. If anyone has been injured in a collision involving a commercial truck in Orlando, the legal process ahead is far more complex than a standard car accident claim. A serious truck crash can cause fractures, head and spinal injuries, emotional trauma, loss of ability to earn an income, and needs for victims’ care.
After a catastrophic crash, the victim’s party often feels powerless against the trucking corporation and its insurance provider. The insurance company uses its huge resources to minimize the at-fault party’s liability. The victim must know their personal injury rights. The victim is entitled to compensation for the injuries, damages, and losses caused by the accident under Florida state law. Working with an experienced truck accident attorney in Orlando can be the gap between a fair settlement and walking away with nothing. This blog explains what victims are entitled to after a commercial truck accident and how they can protect their personal injury rights.
Why Truck Accident Cases Are Riskier
Unlike car accidents, truck accident cases involve federal regulations enforced by the Federal Motor Carrier Safety Administration (FMCSA) alongside Florida state law. Under 49 CFR Part 395, truck drivers operating property-carrying vehicles –
- Should not drive more than 11 hours after 10 consecutive hours off duty
- Should not drive beyond the 14th hour after coming on duty
- Must take a 30-minute break after 8 cumulative hours behind the wheel.
Violations of these hours-of-service rules commonly lead to fatigue-related truck crashes. This can serve as powerful evidence of negligence in the victim’s claim.
Trucking companies must maintain driver qualification files, vehicle maintenance records, cargo-loading documentation, and drug and alcohol testing results. An expert personal injury attorney in Orlando must move quickly to demand preservation of this evidence, since electronic logging device (ELD) data and other critical records can be overwritten or destroyed within days if not formally requested.
Larger Insurance Policies Lead to Bigger Fights
One vital difference in truck accident cases is the amount of the available insurance coverage. The FMCSA (Federal Motor Carrier Safety Administration) requires commercial carriers to maintain minimum liability coverage of $750,000 for general freight, and up to $5,000,000 for carriers that transport hazardous materials. While this means a higher settlement amount is available to compensate victims, it also means trucking companies and their insurers fight harder, with sharper legal defenses, to reduce the payout. An experienced lawyer in Orlando understands these tactics and knows how to build an injury case that withstands aggressive defense strategies.
Florida Statute of Limitations and Comparative Negligence
Florida operates under a modified comparative negligence system, codified in Florida Statute § 768.81(6). If the victim is found more than 50% at fault, the person is barred from recovering any compensation. Trucking companies often try to shift blame to the other driver, alleging unsafe lane changes, tailgating, or driving in the truck’s blind spots. This makes early evidence collection and skilled legal representation critical to protecting the victim’s claim.
Florida Statute § 95.11 also imposes a two-year statute of limitations on personal injury lawsuits, including those arising from truck accidents. Given the complexity of these cases, multiple liable parties, specialized evidence, and federal regulatory issues, consulting a truck accident attorney in Orlando as soon as possible after the crash gives the case the best chance of being properly investigated within that window.
Common Causes of Truck Accidents in Orlando
The role of Orlando as a major logistics and tourism hub means commercial trucks regularly travel routes like I-4, the Beachline Expressway (SR-528), and the Florida Turnpike. The primary causes of truck accidents include
- Driver fatigue
- DUI (drunk driving)
- Distracted driving
- Mechanical failures
- Improper cargo loading
- Speeding through high-traffic corridors
Because of the sheer size and weight of commercial trucks, even a relatively minor collision can cause catastrophic damage, including traumatic brain injuries, spinal cord damage, and fatalities.
Who Are the Potential Legal Parties in a Truck Accident Case?
Commercial truck accidents typically involve multiple parties. The responsible party/s include –
- Truck driver (distracted driving, DUI, fatigue)
- Trucking company (unsafe practices, lack of proper vehicle inspection, improper training of truck drivers)
- Third-party logistics providers
- Trucking parts manufacturers
- Parties responsible for maintenance
- Improper cargo loading
An expert personal injury attorney investigates the accident scene, reviews each visible source of liability, and speaks with the at-fault party/parties.
What Should A Victim Do Immediately After A Truck Accident in Orlando?
After an accident, physical well-being is the top priority for a victim. It’s vital to seek prompt medical attention, even if the injuries are not apparent. The victim must report the accident to the police and obtain the police report. It’s advised to take photos and videos of the accident scene and exchange information with the truck driver. When a victim contacts a seasoned truck accident attorney, the legal expert leads the legal process and builds a strong case. It’s important to speak with the witnesses for detailed information about the accident.
Truck accidents in Orlando often occur on highways and at busy intersections. The roadways include –
- Interstate 4 (1-4) near downtown Orlando and around Universal Studios and Walt Disney World Sea World
- John Young Parkway
- State Road 408
- Orange Blossom Trail (US – 441)
- Colonial Drive (SR 50)
High volumes of tourist and commercial traffic pass via these roadways every day. Immediately after the accident, a victim must consult an experienced truck accident attorney in Orlando. The expert legal professionals know how to protect the victim’s legal rights. Even if you were injured in a truck accident during your vacation, attorneys are ready to help.
What An Attorney Can Do for A Truck Accident Case
A skilled truck accident attorney in Orlando investigates the crash scene, obtains the truck’s black box and ELD data, identifies all potentially liable parties (the driver, the trucking company, and sometimes a cargo loading company), and calculates the full extent of the victim’s damages, including medical expenses, lost income, and pain and suffering. They will also negotiate directly with the trucking company’s insurer and take the case to court if a fair settlement cannot be reached.
Get A Free Consultation. No Upfront Costs
The Injury Assistance Law Firm represents truck accident victims throughout Orlando on a contingency fee basis. This means you owe nothing unless your truck accident case reaches a successful settlement. The attorneys with years of personal injury experience handle truck accident cases efficiently, with confidence.
If you or someone you know has been injured in a truck accident, don’t wait to seek legal help. Contact an experienced truck accident attorney today for a free case evaluation. Take the first step toward protecting your rights under Florida law.
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