№ MIAMFL
CM
Attorney
Carlos Mendez
Mendez Injury Advocates
Personal InjuryProduct Liability
- City
- Miami
Personal Injury · Sub-Practice
Truck Accident Claims
Commercial truck crashes involve federal regulations, multiple defendants, and massive stakes.
§ Overview
What your case actually involves.
Accidents involving commercial trucks — 18-wheelers, semis, tankers — are categorically different from car accident cases. The vehicles are larger, the injuries more catastrophic, and the web of responsible parties far more complex.
A trucking accident claim can involve the truck driver, the trucking company, the cargo shipper, the trailer owner, the truck's manufacturer, and the maintenance contractor — all potentially liable under different legal theories. Federal regulations from the FMCSA govern driver hours of service, weight limits, vehicle maintenance, and cargo securement. Violations of these regulations can establish negligence per se — meaning the violation itself is proof of liability. Black boxes, driver logs, GPS data, and maintenance records are central to these cases and must be preserved immediately before they are overwritten or destroyed.
§ What you can recover — types of damages
- ▸Catastrophic physical injuries — traumatic brain injury, spinal cord damage, amputations, severe burns
- ▸All medical expenses including long-term rehabilitation and in-home care
- ▸Full lost income and future earning capacity — often substantial in catastrophic cases
- ▸Pain and suffering, emotional distress, and loss of enjoyment of life
- ▸Wrongful death damages when collisions result in fatalities
- ▸Punitive damages when the trucking company knew of safety violations and ignored them
§ How attorneys build your case
- ›Issuing immediate litigation hold letters to preserve black box (EDR) data before it overwrites
- ›Obtaining driver logs, hours-of-service records, and drug/alcohol testing results
- ›Investigating all potentially liable parties — not just the driver
- ›Retaining accident reconstruction experts and trucking industry safety specialists
- ›Reviewing the trucking company's prior safety violations and FMCSA compliance history
- ›Examining cargo securement records, weight limits, and manifest documentation
“Trucking companies and their insurers respond to serious crashes within hours — not days. They send investigators, preserve the evidence they want and destroy the evidence they don't, and begin building a defense immediately. By the time most accident victims have been discharged from the hospital, the other side has already interviewed witnesses, photographed the scene, and positioned themselves legally. An experienced trucking accident attorney who acts in the first 24 hours can level the playing field. Delay is the most expensive mistake you can make.”
§ What to look for in an attorney
- 01Specific commercial trucking accident experience — FMCSA regulations are specialized
- 02Resources to retain accident reconstruction engineers and trucking safety experts immediately
- 03Experience pursuing multiple defendants simultaneously — trucking companies have deep pockets and aggressive defense teams
- 04Willingness to send litigation hold letters within 24–48 hours of the crash
- 05Trial track record against large trucking companies and their insurers
- 06Familiarity with federal safety regulations and how violations establish negligence
⚖️
§ Ask these at your consultation
6 questions that matter
- ❓Who are all the potentially liable parties in my crash, beyond just the driver?
- 💰What evidence exists in the truck itself and how quickly does it disappear?
- 🔍Does the trucking company have a history of FMCSA violations?
- 📋Was the driver in compliance with hours-of-service regulations at the time of the crash?
- 💬How do you handle cases where the cargo contributed to the accident?
- 💡What is the insurance coverage available across all defendants?
§ Frequently asked questions
Common questions about truck accident claims.
Q 01
Can I sue the trucking company even if the driver was an independent contractor?
Possibly. Trucking companies regularly misclassify drivers as independent contractors to avoid liability. Courts look at the economic reality of the relationship — who controls the work, who provides the equipment, the nature of the agreement. If the company exercised control over the driver's work, you may have a claim against the company regardless of the label on the contract.
Q 02
What is the black box, and why does it matter?
Commercial trucks are equipped with an Event Data Recorder (EDR) that captures speed, braking, throttle position, and other data in the seconds before a crash. This data is critical evidence of how the crash happened and whether the driver was operating within legal limits. Some EDRs begin overwriting data within 30 days — or after the engine runs for a set number of hours. Your attorney must act immediately to preserve it.
Q 03
What are hours-of-service regulations and why do they matter?
FMCSA regulations limit how long commercial drivers can drive without rest — typically 11 hours of driving within a 14-hour window, followed by at least 10 hours off duty. Driver fatigue is a leading cause of truck crashes. If the driver was in violation of hours-of-service rules, that violation can establish negligence and expose the trucking company to additional liability for knowingly allowing it.
Q 04
The truck driver's insurance company contacted me — should I talk to them?
No. Trucking companies carry substantial commercial insurance policies, and their adjusters are skilled at minimizing payouts. Do not give a recorded statement, sign any releases, or accept any offers without first speaking to your own attorney. Anything you say will be used to reduce your claim, and early offers are almost always undervalued.
§ Featured attorneys
Personal injury attorneys near you.
№ HOUSTX
MC
Attorney
Marcus Caldwell
Caldwell Injury Law
Personal InjuryWorkers Compensation
- City
- Houston
№ CLEVOH
SN
Attorney
Steven Novak
Novak Workers' Rights
Personal InjuryWorkers CompensationSocial Security Disability
- City
- Cleveland
№ ANGECA
AR
Attorney
Anthony Reeves
Reeves Trial Attorneys
Civil LitigationPersonal Injury
- City
- Los Angeles
Premium
№ CHICIL
JM
Attorney
Jennifer Martinez
Martinez Employment Law
Personal InjuryProduct LiabilityMedical Malpractice
- City
- Chicago
№ PITTPA
DK
Attorney
Daniel Kowalski
Kowalski Injury Lawyers
Personal InjuryMedical MalpracticeWorkers Compensation
- City
- Pittsburgh
§ Related practice areas