Imagine you're crossing 113th Street in Seminole when a delivery truck runs a red light and crashes into you. The impact sends you to the pavement with a broken leg and severe road rash. The truck driver apologizes but seems rushed to complete his route.
At DeLoach, Hofstra & Cavonis, P.A., our Seminole truck accident lawyers handle delivery vehicle accident cases that involve unique legal considerations. Unlike with private vehicles, delivery truck accident claims often involve multiple defendants, various insurance policies, and employment relationship disputes.
How Liability Works in Florida Delivery Truck Accidents
Determining who pays for your injuries requires examining several potential defendants.
Driver's Responsibility
The truck driver who hit you bears primary responsibility if negligence caused the crash.
Florida follows a modified comparative negligence rule. If you're found more than 50% at fault, you cannot recover damages (except in medical negligence cases). Driver negligence might include running red lights, speeding, distracted driving, or fatigued driving.
Company Liability
The delivery company may share vicarious liability under respondeat superior if the driver is an employee acting within the scope of employment. Companies can also face direct liability for negligent hiring or training.
Additional Defendants
Florida's dangerous instrumentality doctrine holds vehicle owners liable for damages caused by those operating their vehicles with permission. The delivery company typically owns the truck, but some lease vehicles or allow drivers to use personal trucks.
Maintenance providers might share liability if mechanical failure contributed to your accident. Shippers and logistics companies can be brought in under negligent hiring theories. In rare cases, truck manufacturers face product liability for defective parts, or government entities may be liable for road defects.
Florida's No-Fault Insurance System
Florida requires drivers to carry Personal Injury Protection (PIP) coverage, usually $10,000 minimum. PIP pays 80% of reasonable medical expenses and 60% of lost wages up to $10,000 total, or $2,500 if no Emergency Medical Condition determination is made. You must seek initial treatment within 14 days of the accident to maintain PIP coverage.
If you don't have your own PIP and don't live with a relative who does, you may claim PIP benefits through the striking vehicle's policy. You must first seek benefits from available PIP before pursuing a claim against the delivery driver or company.
Non-Economic Damages
However, serious injury thresholds allow you to pursue non-economic damages (like pain and suffering) against at-fault parties. Under Florida Statute § 627.737, you can step outside the no-fault system if you suffer:
- Significant and permanent loss of an important bodily function
- Permanent injury within reasonable medical probability
- Significant and permanent scarring or disfigurement
- Death
You can still pursue economic losses not covered by PIP, such as medical bills exceeding PIP limits or lost wages beyond PIP coverage, against the at-fault party.
Immediate Steps After a Delivery Truck Accident
Your actions following the accident affect both your health and your legal claim.
Contact Law Enforcement Immediately
A police report documents the accident scene and creates an official record. Request the report number and the responding officer's information.
Seek Medical Attention Within 14 Days
Some injuries don't manifest symptoms immediately. A medical examination within this timeframe preserves your PIP coverage and creates documentation linking your injuries to the accident.
Document Everything Possible
Take photos of the delivery truck, including company markings and license plate, your injuries, the accident scene, and property damage. Collect the driver's full name, contact information, driver's license number, insurance information, and vehicle registration details.
Identify Witnesses
Obtain names and phone numbers from anyone who saw the accident. Bystanders often leave before officers arrive.
Avoid Discussing Fault
Don't apologize or admit responsibility. Statements at the scene can be used against you later.
How Delivery Truck Cases Differ From Other Accidents
Delivery companies usually carry commercial insurance policies with higher limits than personal auto policies. However, these policies often involve multiple layers of coverage, including primary commercial liability, excess umbrella policies, and non-owned auto coverage.
Major delivery companies employ legal teams focused on minimizing liability. They investigate accidents immediately, often arriving at the scene before you receive medical treatment. Their resources include accident reconstruction specialists, in-house legal counsel, and medical experts who downplay injury severity.
Florida adopts the Federal Motor Carrier Safety Regulations (FMCSR) for both interstate and intrastate commercial motor vehicle (CMV) operations. These regulations address driver qualification requirements, hours of service limitations, vehicle maintenance standards, and drug testing programs. Violations of these regulations strengthen your liability case.
Strong Legal Representation Matters
An experienced attorney identifies every defendant who shares liability for your injuries. Missing a liable party reduces your total possible recovery. Insurance companies offer quick settlements that rarely reflect actual damages. Commercial insurance adjusters employ strategies to minimize payouts, including requesting recorded statements to find inconsistencies and disputing the medical necessity of treatments.
As of 2023, Florida law requires filing negligence lawsuits within two years of the accident date. Missing this deadline destroys your right to compensation regardless of injury severity.
At DeLoach, Hofstra & Cavonis, P.A., our delivery truck accident lawyers investigate cases thoroughly, identify all liable parties, and pursue maximum compensation for your losses. You pay no fees unless we recover compensation for you.
!["...[H]aving somebody who can put you at ease from the beginning of the process to the end of whatever process it is, is great!](https://i.ytimg.com/vi/xpPtHyBbDD4/maxresdefault.jpg)
