Serving all of Florida
Florida Truck Accident Lawyer
A trucking company sends its team to the crash within hours. For nearly two decades I was on that side. Now I use what I learned to find every insurance policy that could pay — for you.
— Emanuel Galimidi, former insurance-defense attorney
Main Office Miami · In person or by video, anywhere in Florida
Who can be held responsible after a Florida truck accident, and how long do I have to file?
A crash with a commercial truck is not just a bigger car crash. For most negligence claims arising after March 24, 2023, you usually have two years to file in Florida (Fla. Stat. § 95.11(5)(a)). Other deadlines may apply. But more than one party may be responsible: the driver, the trucking company, a separate trailer or repair company, the company that arranged the load, even the people who loaded the cargo.
Trucks that cross state lines must follow federal safety rules (FMCSA). They must also carry more insurance than a regular driver. The federal minimum depends on the carrier and the cargo. The $750,000 federal minimum applies to for-hire interstate carriers hauling nonhazardous property in vehicles rated 10,001 pounds or more; certain oil and hazardous-material loads require $1 million or $5 million (49 CFR § 387.9).
Each kind of evidence has its own clock. Driver logs and supporting documents must be kept for at least six months (49 CFR § 395.8(k)). That's a minimum, not permission to destroy evidence after a crash. The truck's electronic data can be overwritten in normal use. The driver's qualification file generally stays on file during employment and for three years after; some documents have separate three-year rules (49 CFR § 391.51). So a letter demanding they keep that evidence has to go out right away. I know exactly what trucking companies and their insurance companies do in the first days after a crash to limit what they pay. I used to be the one doing it.
Emanuel Galimidi — your lawyer
I have been licensed to practice law in Florida since 2003. I was selected to Super Lawyers for 2023–2026 and hold Martindale-Hubbell’s AV Preeminent peer rating. I speak Spanish, and if I take your case, I handle it personally.
AV®, AV Preeminent®, Martindale-Hubbell Distinguished℠ and Martindale-Hubbell Notable℠ are Certification Marks used under license in accordance with the Martindale-Hubbell® certification procedures, standards and policies. About the ratings: martindale.com/ratings
Florida truck accident — the facts that matter
- Deadline to file
- 2 years from the crash for most negligence claims arising after March 24, 2023 (a government vehicle has its own notice rules and deadlines, § 768.28)
- More than one company to sue
- Driver, trucking company, load broker, shipper & others — each may have its own insurance policy
- Evidence disappears fast
- Driver logs must be kept at least 6 months; electronic data can be overwritten sooner
- What it costs
- Free case review · no fees or costs unless we recover for you
What they do
What the trucking company does after the crash
A big trucking company doesn’t wait for a claim. It runs the same playbook every time. If you know their moves, you can make the records tell the truth, not their version.
Investigators on scene in hours
The insurance company's adjusters and crash experts arrive fast to build the company's defense before the road is even cleared.
Records start to age out
Driver logs, dispatch records, and repair files get deleted on a schedule. Nobody at the trucking company has to keep them for you until a lawyer sends a letter demanding it.
Shift the blame to you
Florida's shared-fault rule gives them a reason to blame part of the crash on you and cut what they pay.
Trucks with no driver at all raise new questions about who pays. I talked about that live on SiriusXM: who’s liable when a self-driving truck crashes.
After a truck crash
What to do in the first days
Report & photograph the truck
Call 911 and capture the company name, DOT number, plates, and trailer.
See a doctor in 14 days
Florida's no-fault coverage (PIP) requires it. It also ties your injuries to the crash.
Don't go on record
Skip the trucking company's recorded statement until you have a lawyer's advice.
Call quickly to lock down evidence
A letter demanding they keep the evidence (a 'preservation letter') puts the company on notice to save logs and electronic data.
Florida & federal law
The rules that decide your truck claim
2-year deadline
For most negligence claims arising after March 24, 2023, Florida generally gives you 2 years from the crash to file an injury lawsuit. Other deadlines may apply. With trucking, the real clock is even shorter. I need to get the key records saved long before then.
Federal FMCSA rules
Trucks that cross state lines must follow federal safety rules: limits on driving hours, electronic logs, who is allowed to drive, drug and alcohol testing, and inspections. Breaking one of those rules can be powerful proof of carelessness.
More than one company to sue & every policy that could pay
Federal law sets a minimum amount of insurance for a large truck (49 CFR 387.9). But the driver, the trucking company, the load broker, and the shipper may each have their own policy. None of them will tell you about it. I find each one and put them on notice.
Comparative fault
You can still get paid if you are 50% or less at fault. Your share of the blame is taken out of what you get. Trucking companies push hard to shift blame onto you, so I fight hard over how the blame gets split.
Related pages: What's my case worth? · Car accidents · Uninsured motorist coverage · Uber & Lyft accidents
Delivery & commercial fleets
Hit by a delivery or fleet truck?
Delivery giants run their networks through layers of contractors, each with separate insurance. That changes who is responsible and which policy pays. I handle crashes involving the major fleets.
Amazon delivery crashes
Amazon vans are often run by separate delivery service partners, which affects who is on the hook.
FedEx truck crashes
Independent contractors commonly run FedEx Ground routes. That means another insurance policy to track down.
UPS truck crashes
UPS runs a large in-house fleet, with its own insurance structure and defense team.
Why truck cases are different
The minimum coverage is rarely the whole story.
Federal minimum for a large truck · set in 1985 · never raised
That federal minimum (49 CFR 387.9) is often a small fraction of what a serious injury really costs. That's why I find every insurance policy that could pay: the driver's, the trucking company's, the load broker's, the shipper's, and any umbrella or excess policies on top of those. This figure is the legal minimum trucking companies must hold, not a result obtained by the firm. Every case is different and past results do not guarantee a similar outcome. See more results →Client reviews
What clients say
“He stood firmly by my side with expert guidance and genuine encouragement. We won the case — and his integrity and trustworthiness impressed me most.”
— Domineque Martindale · Google“Galimidi Law is where I would recommend that anyone go if they want a law firm who will fight for the best results. With his experience as an insurance defense attorney, Emanuel is the one lawyer I want fighting for me and my family against big companies.”
— Charles Seybold · Google“Emanuel is a talented attorney and an even better person. His clients will always come first, and he always acts with the utmost integrity. I wouldn’t trust anyone else with a personal injury case in South Florida.”
— Robert Meyer · GoogleReviews reflect individual clients’ experiences. Prospective clients may not obtain the same or similar results. Reviews are from the firm’s Google and Avvo profiles and are not specific to truck cases.
Questions people ask
Florida truck accident FAQ
How long do I have to file a truck accident claim in Florida?
For most Florida truck accident negligence claims arising after March 24, 2023, you have 2 years from the date of the crash. Other deadlines may apply. Different notice and filing rules apply when a government vehicle is involved. Trucking evidence can disappear quickly, so it is best to talk to a lawyer well before the deadline.
Who can be held responsible in a truck accident?
Often more than just the driver. The trucking company, the company that arranged the load or shipped the goods, a repair contractor, the people who loaded the cargo, and sometimes a parts maker can each share the blame. Each may have its own insurance. That is why finding every responsible party matters so much more in a truck case than in an ordinary car case.
How much insurance does a commercial truck carry?
Under federal rule 49 CFR 387.9, the minimum depends on the carrier and the cargo. The $750,000 federal minimum applies to for-hire interstate carriers hauling nonhazardous property in vehicles rated 10,001 pounds or more; certain oil and hazardous-material loads require $1 million or $5 million (49 CFR 387.9). That $750,000 minimum has been in place since 1985. So it is often far below what a serious injury costs. That's why trucking companies often add umbrella and excess policies on top, and why it matters to reach every policy that could pay.
What evidence matters in a truck accident case?
The driver's electronic logs of driving hours (the ELD), the truck's black box, the driver's personnel file (what trucking calls the 'driver qualification file') and drug and alcohol test records, repair and inspection records, and the trucking company's own internal reports. Some have minimum retention periods: driver logs and supporting documents at least six months (49 CFR § 395.8(k)), and the driver's qualification file generally during employment and for three years after (49 CFR § 391.51). Those are minimums, not permission to destroy evidence after a crash. Electronic data can be overwritten sooner. So a fast letter demanding they keep the evidence (a 'preservation letter') is critical before that data is erased.
Why is a truck case different from a car case?
Trucking must follow federal safety rules. There are usually several companies you can sue and several insurance policies. The injuries tend to be worse. And the trucking company often sends its own team of investigators to the scene within hours. So my investigation has to start right away and reach far beyond the driver.
How much does a truck accident lawyer cost?
You pay nothing up front. My fee comes out of the money I get for you (this is called a contingency fee). The case review is free, and you pay no attorney fees or costs unless the firm wins money for you.
Can I still get paid if I was partly at fault?
Yes, as long as you were 50% or less at fault (Fla. Stat. § 768.81). Your payment is cut by your share of the blame. The number the insurance company's adjuster gives for your share is just their first move, not a final ruling. A jury decides. The evidence from the first days is what keeps that number down.
Does a pre-existing condition hurt my case?
Not by itself. If the crash made an old injury or condition worse, Florida law says the person who caused the crash owes you for that. What does hurt a case is hiding the old injury. Be honest with your lawyer and your doctors.
Tell me what happened. The case review is free.
You'll talk to me, a senior attorney who spent nearly two decades working for the insurance companies. Not a case manager. The sooner I start, the more of the trucking company's records I can save. No fees or costs unless we recover for you.
Call 786-442-2873