A loaded tractor-trailer can weigh 80,000 pounds. A midsize sedan weighs about 3,500. When those two meet on I-95 north or at a light on US-1, the physics decide most of what happens next, and the person in the smaller vehicle absorbs nearly all of it.
That weight difference is also why the insurance behind a commercial truck is measured in millions rather than thousands, and why the trucking company’s response starts within hours of the crash. Their investigators can be at the scene before your family finishes the first phone call from the hospital.
In Florida, you have two years from the date of the crash to file most injury claims, and acting on that number is how people run out of time before they ever file.
If a commercial truck hurt you or someone in your family, call (561) 655-1990 to request a free consultation with a Port St. Lucie truck accident lawyer at Lytal, Reiter, Smith, Ivey & Fronrath.
What Lytal, Reiter, Smith, Ivey & Fronrath brings to a truck case
Our Florida law firm has represented injured people since 1985, and our Port St. Lucie office is at 1850 SW Fountainview Blvd, Suite 207. Truck cases reward preparation more than most. That means moving on evidence in the first week, reading duty logs and maintenance files closely enough to find what’s missing from them, retaining reconstruction and trucking-safety professionals when the facts call for it, and building the file so the carrier understands a verdict is a real possibility. Attorney Daniel Jenson is dedicated to the pursuit of just and fair resolutions for his clients in Port St. Lucie.
Our legal team handles these cases on a contingency fee basis, and you pay no attorney’s fees unless compensation is recovered.
Verdicts and settlements from our trial team
Every case turns on its own facts, and past results don’t predict what another claim will bring. Among our firm’s notable recoveries:
- $10 million, bus accident and wrongful death, St. Lucie County
- $6.27 million, wrongful death settlement in a tractor-trailer crash
- $11 million, catastrophic accident, Palm Beach County
- $1 million, tractor-trailer collision requiring hand surgery
What clients have said about working with us
“The process with this law firm was very smooth from start to finish. They kept me informed throughout the entire case and were always clear about what was going on. They were able to get me the highest settlement available under the insurance coverage and also reduced my medical bills by about $3,500. I’m very happy with how everything was handled and would recommend them to anyone needing an accident attorney.” —Alyssa
More are on our client reviews page.
What separates a truck claim from an ordinary crash case
The things that make a truck claim worth pursuing are the same things that make it harder to handle. A car crash usually involves two drivers and two insurance policies. A commercial truck case can involve a driver, a motor carrier, a broker who arranged the load, the company that owned the trailer, the shop that serviced the brakes, and four or five insurance policies layered on top of each other.
The evidence is different too. Passenger cars don’t keep federally required duty logs. Trucking companies do, along with maintenance files, inspection reports, drug and alcohol testing records, and electronic data from the truck itself. That paper trail often matters more than anything else in the case, and most of it starts out in the hands of the company on the other side.
The defense is different in scale. Carriers keep rapid-response teams on call. Their investigators take photos and videos of the scene, interview the driver, secure the vehicle, and start building a version of events while the injured person is likely still in an emergency room in Port St. Lucie or recovering at home.
None of that means a truck case is unwinnable. It means the early weeks matter more than they do in almost any other kind of injury claim.
The truck crashes we see most often in St. Lucie County
The way a collision happens shapes the injuries, the evidence, and often which company ends up answering for it.
- Underride crashes: A smaller vehicle slides beneath the trailer, usually from behind or the side. These are among the deadliest, because the trailer bypasses the car’s crumple zones entirely and strikes at window height. Rear guard condition and side guard equipment become central questions.
- Override crashes: The reverse, where the truck rides up over the vehicle in front of it. Following distance and braking data usually drive these cases.
- Jackknife: The trailer swings out from the tractor until the rig folds. Often traced to braking on a wet surface, an empty or unevenly loaded trailer, or worn brake components.
- Rollovers: A high center of gravity, a curve or ramp taken too fast, or cargo that shifted. Ramps off I-95 and the Turnpike are where these tend to happen locally.
- Wide-turn and squeeze crashes: A truck swings left to make a right turn, and a vehicle alongside gets caught in the closing gap.
- Blind spot collisions: The areas a driver can’t see run along both sides, directly behind, and immediately in front of the cab. Lane changes into occupied space are relatively common.
- Rear-end collisions: A loaded truck needs far more stopping distance than a car, which turns ordinary congestion on I-95 into a serious impact.
- Head-on collisions: The least common and the most severe, usually after a driver crossed a center line or median.
- Tire blowouts and mechanical failures: A steer tire failure at highway speed can take a rig across lanes. Maintenance and inspection records decide whether it was foreseeable.
- Cargo spills and shifting loads: Unsecured truck loads can strike other vehicles directly or create a hazard that causes a second crash.
Why commercial trucks crash on St. Lucie County roads
I-95 and Florida’s Turnpike both run the length of the county, carrying a lot of freight between South Florida and the rest of the state. Add the growth along Crosstown Parkway and the commercial traffic on US-1 and Port St. Lucie Boulevard, and the same causes surface again and again:
- Fatigue and schedule pressure: A driver pushed to make a delivery window is the reason the hours-of-service rules exist, and duty logs are where that pressure becomes visible.
- Speed for the conditions: A fully loaded truck needs far more distance to stop than a car does, and afternoon storms on I-95 shorten that margin further.
- Improper loading: Cargo that shifts changes the truck’s center of gravity without warning, which is how rollovers and jackknifes happen on curves and ramps.
- Deferred maintenance: Brakes and tires wear on a schedule that costs money to honor, and inspection records show whether it was honored.
- Impairment: Alcohol and illegal drugs remain a factor, and so do some prescription medications, with federal testing rules meaning there’s often a record either way.
- Distraction: Phones, dispatch devices, route screens, and paperwork all compete for a driver’s attention in a vehicle that can’t stop quickly.
- Blind spots and unsafe maneuvers: Lane changes and wide right turns catch smaller vehicles that the driver genuinely couldn’t see.
- Inadequate hiring and training: A carrier that put an unqualified driver on the road may be answerable for that choice separately from the crash itself.
Injuries that follow a collision with a commercial vehicle
The forces involved produce a different injury profile than a two-car crash. Among the ones we handle most:
- Traumatic brain injuries, from concussions through severe TBI. Some are diagnosed at the scene and some surface over the following days as headaches, memory problems, or changes in mood and personality.
- Spinal cord injuries, including incomplete and complete injuries that lead to paraplegia or quadriplegia.
- Back and neck injuries, including herniated discs that need surgery and often more than one.
- Broken bones, frequently multiple, and often requiring hardware and repeat procedures.
- Internal injuries and organ damage, which can be life-threatening and are not always obvious in the first hours.
- Amputations, whether at the scene or surgically, with a lifetime of prosthetic and care costs behind them.
- Burns, in crashes involving fuel or hazardous cargo.
- Psychological injuries, including PTSD and anxiety about driving, which Florida recognizes as compensable in appropriate cases.
When someone doesn’t survive, surviving family members may bring a wrongful death claim under Florida’s Wrongful Death Act, which has its own rules about who holds the claim and what the estate can recover.
The first moves that protect a truck case
If you’re reading this at home a few days after the crash, the typical roadside checklist has already passed. But these are the steps that still matter.
- Get evaluated, and do it within 14 days. Adrenaline hides serious injuries for a day or two, and Florida’s PIP rule turns that delay into a coverage problem on top of a medical one.
- Keep treating. Gaps in care and missed appointments get characterized later as evidence you weren’t badly hurt, whatever the real reason was.
- Write down what you remember this week. What you saw and heard, who said what at the scene, when each symptom started, and what you can’t do now that you could before.
- Collect what exists. The crash report number from the Port St. Lucie Police Department, the St. Lucie County Sheriff’s Office, or the Florida Highway Patrol, along with scene photos, the truck’s DOT number if you have it, the carrier’s name, and contact information for witnesses.
- Notify your own insurer, factually. Your policy requires prompt notice. That’s separate from giving a statement to the trucking company’s carrier.
- Be careful with a recorded statement to the trucking company’s insurer. In most situations, you aren’t required to give one, and it’s worth talking to a lawyer before you do.
- Raise the truck itself early. Once the tractor goes back into service or off to salvage, the data on it can go with it, and a written demand to preserve it is something a lawyer can send quickly.
- Have anything you’re asked to sign looked at first. An offer that arrives before you’ve finished treatment is priced on a medical picture nobody has finished yet.
How we build proof of negligence in a Port St. Lucie truck case
Proving a truck case means establishing four things: that the driver or company owed you a duty of care, that they fell short of it, that the failure caused the crash, and that the crash caused losses the law can compensate. The middle two are where most of the work goes.
Here’s what that looks like:
We start with the official record and go past it. The Florida Traffic Crash Report is a starting point rather than the last word. Investigating officers arrive after the fact, work from what’s in front of them, and sometimes record a narrative the physical evidence doesn’t support. We treat it as one input among several.
We pull the truck’s own data. The engine control module and event data recorder can show road speed, throttle position, brake application, and hard-braking events in the seconds before impact. Electronic logging devices record duty status. This is the closest thing to an objective witness a truck case has.
We cross-check the duty logs against everything else. A log showing a driver within their hours is worth little on its own. Fuel receipts, toll records, bills of lading, dispatch messages, and delivery timestamps either corroborate it or expose a gap. That cross-check is frequently where a fatigue case is actually made.
We request the carrier’s own files. Driver qualification records, training documentation, prior violations, maintenance and inspection history, and post-crash drug and alcohol testing results. Federal rules require carriers to keep much of this, which means an absence can be informative in itself.
We look at the company’s safety history. Federal inspection and violation data are public, and a pattern of the same violation across a fleet speaks to whether a crash was a one-off or the predictable result of how the company operates.
We bring in professionals when the facts call for it. Accident reconstruction, trucking safety and compliance, and treating and consulting physicians on the medical side.
Several things shape how hard any of this gets. Whether the crash report assigns fault, whether video exists, how quickly evidence was preserved, whether more than one company shares responsibility, and how much your own conduct is in dispute all move the difficulty meter quite a bit.
Who can be held responsible besides the driver behind the wheel
The driver is rarely the only one, and in a serious case the driver is often not the party with meaningful coverage behind them. Depending on the facts, a claim may reach:
- The motor carrier. Responsible for the driver’s conduct on the job, and separately responsible for its own hiring, training, supervision, and dispatch decisions.
- The company that owned or leased the truck or trailer, which may be a different business entirely from the one whose name is on the door.
- A freight broker or shipper, where the load was arranged, scheduled, or built in a way that created the danger.
- The company that loaded the cargo. Shifting loads cause rollovers and jackknifes that look like driver error at first glance.
- A maintenance contractor or repair shop, when brakes, tires, or steering components failed, and someone signed off on them.
- A parts or vehicle manufacturer, where a defect rather than a decision caused the failure.
- A government entity or road contractor, where signage, work zone routing, or a road defect contributed.
Each additional responsible party can bring another insurance policy, and in a catastrophic case the difference between one policy and three is the difference between covering a lifetime of care and covering the first year of it.
Records that vanish if nobody moves quickly
The truck’s onboard systems hold the clearest account of the final minutes before impact, and they don’t hold it indefinitely. Some data cycles out on its own within days or weeks, and some gets overwritten when the truck returns to service. A repaired or salvaged tractor can take the module with it entirely.
The same clock runs on everything else worth having. Dashcam and fleet telematics footage, video from businesses near the intersection, the physical evidence on the roadway, and the trailer’s cargo configuration all degrade or disappear fast.
That’s why a spoliation letter (a formal demand that the carrier preserve specific records and the vehicle itself) is one of the first things we send. It puts the company on notice that the material matters, so that if something later goes missing, the loss is something a court can take into account.
The two-year clock on a Florida truck accident claim
Two years from the date of the crash, for essentially every truck accident on Florida roads today. That comes from Florida Statutes § 95.11(5)(a).
If you’ve read somewhere that Florida allows four years, that was the rule until the Legislature changed it in 2023. The shorter period applies to claims arising on or after March 24, 2023, which by now covers nearly everyone. Claims that accrued before that date kept the old four-year window, and the last of those close out in March 2027.
A few other timelines run alongside it:
- Wrongful death claims follow their own two-year period, measured from the date of death rather than the date of the crash.
- Claims against a government body, which come up when a county truck, a municipal vehicle, or a road maintenance contractor is involved, carry separate written notice requirements that arrive long before the filing deadline does.
- Your own PIP benefits hinge on getting initial medical care within 14 days, which is covered further down this page.
If the crash was more than two years ago, that isn’t automatically the end of the conversation. The rules on when a claim accrues have exceptions, and the answer depends on facts we’d need to look at. Call and let someone check rather than assuming.
How Florida divides fault, and the line that ends a claim
Florida used to reduce your recovery by your share of the blame and leave it at that. A driver who was 80% at fault could still collect 20% of their damages.
That changed in 2023. Under Florida Statutes § 768.81(6), a person found greater than 50 percent at fault for their own harm recovers nothing. Below that line, your damages get reduced by your percentage.
Here’s what it looks like in practice. Say a truck driver ran a light at Port St. Lucie Boulevard and hit you, but you were going ten over. A jury puts 75% on the driver and 25% on you. On $400,000 in damages, you recover $300,000.
Now move the numbers. If the jury decides you were 55% responsible, you take nothing home, no matter how badly you were hurt or how large the trucking company’s policy is.
That line is why carriers work so hard to move percentage points onto the injured person, and why they start in the first phone call. A few points that seemed harmless when you described the crash can become the difference between a full recovery and none at all.
The statute carves out medical negligence claims from this rule, which is worth knowing if the injuries were made worse by treatment afterward.
What a Port St. Lucie truck accident claim can pay for
Florida sorts damages into two compensatory categories, economic and non-economic, with punitive damages available in narrow cases on top of those.
Economic damages are the losses with paper behind them: emergency care, surgery, hospitalization, rehabilitation, medication and equipment, the future treatment a physician says you’ll need, wages already lost, and the earning capacity you lose if you can’t go back to the work you did. Vehicle damage, a rental, prescriptions, and mileage to appointments belong here as well. In catastrophic cases, so does the cost of home modification and in-home care.
Non-economic damages cover physical pain, mental anguish, scarring and disfigurement, loss of the ability to do things you used to do, and a spouse’s loss of consortium. These are the losses the carrier will try hardest to minimize, because there’s no invoice to point at.
Punitive damages exist to punish conduct rather than to compensate you, and Florida sets a high bar for them. Where they’re awarded, Florida Statutes § 768.73 generally limits them to the greater of three times compensatory damages or $500,000. That ceiling rises to the greater of four times compensatory damages or $2 million where the conduct was motivated solely by unreasonable financial gain and a managing agent or officer knew of the danger. There’s no cap at all where the defendant specifically intended to harm the claimant. A driver who chose to operate an 80,000-pound vehicle while impaired is the kind of fact pattern that raises the question.
Two Florida rules shape what actually reaches you:
How medical bills get proven changed in 2023. Under Florida Statutes § 768.0427, evidence of past medical expenses that have been paid is limited to the amount actually paid, whatever the source. Unpaid charges and future care are measured against defined benchmarks rather than the sticker price on a bill. If treatment was provided under a letter of protection, the statute requires specific disclosures about that arrangement. The practical effect is that documentation of what was billed, paid, adjusted, and still owed carries more weight than it used to.
Your own PIP coverage has a 14-day clock. Florida Statutes § 627.736 pays 80% of reasonable expenses for medically necessary care, but only if you receive initial services and care within 14 days of the crash. Coverage runs up to $10,000 where a qualified provider finds an emergency medical condition, and is limited to $2,500 where they don’t. PIP rarely comes close to covering a truck crash injury, and missing that 14-day window costs you the first layer of coverage for no good reason.
The federal rulebook that governs commercial drivers
Trucking is regulated in a way ordinary driving isn’t, and a violation of those rules can do a lot of work in a case.
The Federal Motor Carrier Safety Administration sets hours-of-service limits for property-carrying drivers. The core limits: no driving beyond 11 hours after 10 consecutive hours off duty, no driving past the 14th consecutive hour after coming on duty, a 30-minute break once a driver has been behind the wheel for 8 cumulative hours, and a ceiling of 60 or 70 on-duty hours across 7 or 8 consecutive days.
Florida adopts those federal rules directly. Under Florida Statutes § 316.302, owners and drivers of commercial vehicles operating on Florida highways in interstate commerce are subject to 49 C.F.R. parts 382 through 386 and 390 through 397. Intrastate carriers follow the same regulations as they existed on December 31, 2023, and the statute carves out a list of exemptions, including many agricultural and smaller vehicles.
Those parts cover more than driving hours. They also govern driver qualification files, drug and alcohol testing, vehicle inspection and maintenance, and hazardous materials handling. Where a carrier fell short in any of those areas, a record of it usually exists somewhere in the company’s files.
What the trucking company’s adjuster is doing while you recover
The adjuster who calls in the first week works for the carrier, and the carrier’s interest is in resolving the claim for as little as it reasonably can. A friendly call is still a call made in that interest.
Those conversations usually happen before you’ve seen the crash report or the truck’s data, and often before you’ve been fully diagnosed. What you say about how the crash happened, or about how you’re feeling that week, can shape the claim months later. That includes any remark that reads as accepting part of the blame, and given Florida’s fault bar, a small shift in the fault percentage can matter a great deal.
An early offer works the same way. It arrives while your treatment is unfinished, so it’s priced on incomplete information. Accepting it closes the claim permanently, including the surgery nobody has recommended yet.
You don’t have to manage any of this. Once we’re retained, the adjuster’s calls come to us.
How a truck case moves from first call to resolution
- Free consultation. You tell us what happened. We tell you honestly whether we think we can help, and what handling the claim would involve.
- Immediate preservation. Spoliation letters go out to the carrier and anyone else holding evidence, so the truck, its data, and the company’s records stay intact.
- Investigation. Crash report, scene evidence, witness statements, video, driver qualification and duty records, maintenance and inspection files, and, where the case warrants it, an accident reconstruction.
- Medical documentation. We gather records and bills as treatment continues, and we don’t push toward settlement while your condition is still changing, because your final medical picture is what the claim is worth.
- Demand and negotiation. Once your treatment stabilizes, a demand goes to the carrier with the full record behind it.
- Filing suit. If the offer doesn’t reflect the case, we file in the court with proper jurisdiction and venue, which for many St. Lucie County crashes means the Nineteenth Judicial Circuit.
- Discovery, depositions, then mediation. Both sides exchange records and take testimony. Many cases resolve here.
- Trial. Fewer cases reach a verdict, and the ones that do need a firm that prepared for it from the beginning.
Timelines vary more than anyone would like. A case with clear liability and finished treatment can resolve in months. A disputed catastrophic case with several defendants can run considerably longer, particularly once it’s on a court docket.
Speak with a Port St. Lucie truck accident attorney
If a commercial truck hurt you or someone you love, the sooner a lawyer looks at the file, the more of it can still be saved. The two-year deadline is running, and the records that decide these cases have shorter clocks than that.
Call (561) 655-1990 or use our online contact form to schedule a free consultation. We work on a contingency fee basis, and you pay no attorney’s fees unless compensation is recovered.
Truck accident questions St. Lucie County families ask
What will it cost to hire a truck accident attorney?
Nothing upfront. We work on a contingency fee basis, which means our fee is a percentage of the recovery and you owe no attorney’s fees unless compensation is recovered. The fee is agreed in writing before we begin, and the first conversation is free.
Will my truck accident case end up in front of a jury?
Many don’t. Cases usually resolve in negotiation or mediation. We prepare every file as though it will be tried, because what a carrier offers tends to track whether it believes the other side is ready to go.
Can I still recover if I was partly to blame for the crash?
As long as your share of the fault is 50 percent or less, yes, with your recovery reduced by your percentage. Above 50 percent, Florida law bars recovery entirely. That threshold is exactly why the fault split a carrier proposes early is worth challenging rather than accepting.
Why can a truck case be worth more than a car accident case?
Two reasons, mostly. The injuries tend to be more severe because of the weight involved. And commercial policies carry far higher limits than personal auto coverage, often $1 million or more, with additional policies layered behind them when several companies share responsibility.
The trucking company’s adjuster already called me. What now?
Bring it up when we talk during the initial consultation, including anything you’ve already said to them. It’s generally worth having a lawyer review your file before you give a recorded statement. Carriers reach out early, and those first conversations can shape a claim. Most of it is workable, and it’s easier to address sooner than later.
What is a truck’s black box, and what can it show?
“Black box” is shorthand for the truck’s onboard recording systems, mainly the engine control module and the event data recorder. Depending on the make and configuration, they can capture road speed before and at impact, throttle position, when the brakes were applied, hard-braking and sudden-deceleration events, and fault codes suggesting a mechanical problem. A separate device, the electronic logging device, records the driver’s duty status. When combined, they can give the most objective account of a crash that exists, which is why getting a preservation demand out early matters so much.
How much time do I have to file a Florida truck accident claim?
Two years from the date of the crash for most negligence claims, under Florida Statutes § 95.11(5)(a). Sources that say four years are describing the rule Florida used before 2023; the two-year period applies to claims arising on or after March 24, 2023, and the last claims under the old four-year window close out in March 2027. Wrongful death runs two years from the date of death, and claims involving a government entity carry separate notice requirements that come due much sooner.
Does my own PIP coverage matter in a crash with a semi?
Yes, and its deadline is short. Florida PIP pays 80% of reasonable, medically necessary expenses only if you get initial care within 14 days of the crash, up to $10,000 for an emergency medical condition and $2,500 where a provider finds no emergency condition. That won’t approach the cost of a serious truck crash injury, and it’s still the first layer of coverage, so missing the window costs you for no reason.
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