1. Gerson & Schwartz, P.A.
Practice Focus: Truck accidents, 18-wheeler collisions, semi-truck crashes, commercial vehicle accidents, catastrophic injury litigation, wrongful death claims from trucking incidents
Case Types Handled: Tractor-trailer accidents, delivery truck collisions, cargo vehicle crashes, driver fatigue accidents, distracted driving incidents, mechanical failure crashes, brake failure accidents, tire blowout incidents, hazardous material trucking accidents
Legal Services: Accident investigation, evidence preservation, federal trucking regulation compliance analysis, driver qualification file review, hours of service violation investigation, insurance claim negotiations, litigation, trial representation, settlement negotiations, wrongful death claims
Background: Gerson & Schwartz, P.A. has over 50 years of experience in personal injury law. The firm focuses on representing accident victims in South Florida and has developed experience handling complex trucking cases involving federal motor carrier regulations.
Location: Miami, FL
Contact: (305) 371-6000 | https://www.gslawusa.com
Consultation: Free consultations available; contingency fee arrangements
2. Friedman Rodman Frank & Estrada, P.A.
Practice Focus: Truck accidents, commercial vehicle collisions, 18-wheeler crashes, semi-truck accidents, catastrophic injuries, wrongful death from trucking incidents
Case Types Handled: Large truck collisions, tractor-trailer accidents, delivery vehicle crashes, commercial fleet incidents, driver negligence cases, trucking company liability matters, multi-vehicle trucking accidents
Legal Services: Comprehensive case evaluation, accident investigation, evidence gathering, federal regulation compliance review, driver history analysis, insurance negotiations, litigation, trial representation, settlement negotiations, medical expense recovery, wrongful death claims
Background: Friedman Rodman Frank & Estrada has over 100 years of combined legal experience among its attorneys. The firm serves clients throughout South Florida and handles trucking accident matters requiring knowledge of both Florida law and federal regulations.
Location: Miami, FL
Contact: (877) 448-8585 | https://www.mabordeinjurylaw.com
Consultation: Free initial consultations; contingency fee basis
3. Wolfson & Leon
Practice Focus: Truck accidents, semi-truck collisions, commercial vehicle crashes, 18-wheeler accidents, tractor-trailer incidents, catastrophic injuries, wrongful death claims
Case Types Handled: Commercial truck accidents, delivery truck crashes, cargo vehicle incidents, driver fatigue accidents, hours of service violations, mechanical failure crashes, improper cargo loading incidents
Legal Services: Accident investigation, evidence preservation, federal trucking regulation analysis, driver qualification review, insurance claim handling, litigation, trial representation, settlement negotiations, bilingual services in English and Spanish
Background: Wolfson & Leon has over 55 years of experience in personal injury law. The firm provides bilingual legal services, serving Miami’s diverse community. The attorneys handle trucking accident cases throughout South Florida.
Location: Miami, FL
Contact: (305) 285-1115 | https://www.wolfsonandleon.com
Consultation: Free consultations available
4. Lipcon Law Firm
Practice Focus: Truck accidents, 18-wheeler crashes, commercial vehicle collisions, semi-truck accidents, catastrophic injury litigation, wrongful death from trucking incidents
Case Types Handled: Tractor-trailer accidents, delivery truck collisions, commercial fleet crashes, driver negligence incidents, trucking company liability cases, intersection truck accidents, highway trucking collisions
Legal Services: Case investigation, evidence gathering and preservation, federal regulation compliance analysis, insurance negotiations, litigation, trial representation, settlement negotiations, medical treatment coordination, lost wage recovery
Background: Lipcon Law Firm is a Miami-based personal injury practice handling trucking accident cases in South Florida. The firm has experience with complex litigation involving commercial vehicle accidents and federal trucking regulations.
Location: Miami, FL
Contact: Contact through website | https://www.lipcon.com
Consultation: Free case evaluations
5. Ben Crump Law, PLLC
Practice Focus: Truck accidents, commercial vehicle collisions, 18-wheeler crashes, semi-truck accidents, catastrophic injuries, wrongful death from trucking incidents
Case Types Handled: Large truck collisions, tractor-trailer accidents, delivery vehicle crashes, commercial fleet incidents, driver fatigue cases, trucking regulation violation cases, wrongful death claims
Legal Services: Comprehensive accident investigation, evidence preservation, federal trucking regulation analysis, driver qualification review, insurance claim negotiations, litigation, trial representation, settlement negotiations, wrongful death claims
Background: Ben Crump Law, PLLC is a national civil rights and personal injury firm with offices serving Florida. The firm handles complex truck accident cases and has resources for litigation against large trucking companies and their insurers.
Location: Serves Miami, FL (national firm)
Contact: (844) 430-1030 | https://bencrump.com
Consultation: Free consultations available
Truck Accident Laws and Regulations in Florida
Florida has specific laws governing truck accident claims that reflect its status as a modified no-fault insurance state with unique damage recovery provisions.
Statute of Limitations: Florida law provides a four-year statute of limitations for personal injury claims arising from negligence under Fla. Stat. § 95.11. However, recent legislative changes have modified certain personal injury claims. Wrongful death claims must be filed within two years of the date of death.
Fault System: Florida operates as a modified no-fault state for automobile insurance, requiring drivers to carry Personal Injury Protection (PIP) coverage. However, injured parties can pursue third-party liability claims against at-fault truck drivers and trucking companies when injuries meet certain thresholds or involve significant harm.
Comparative Negligence: Florida recently modified its comparative negligence system. Under the current rule, an injured party can recover damages only if their percentage of fault does not exceed 50%. If found more than 50% at fault, the injured party is barred from recovery. Damages are reduced proportionally by the injured party’s percentage of fault. This represents a change from Florida’s prior pure comparative negligence system.
Minimum Insurance Requirements: Florida requires Personal Injury Protection (PIP) coverage of $10,000 and Property Damage Liability of $10,000. Unlike most states, Florida does not require bodily injury liability coverage for standard vehicle registration, though it may be required in certain circumstances.
Commercial Truck Insurance: Federal Motor Carrier Safety Administration regulations require interstate trucking companies to carry minimum liability coverage of $750,000 to $5,000,000 depending on cargo type. Commercial trucks are not subject to Florida’s no-fault PIP limitations and injured parties can pursue full liability claims against trucking companies.
Federal Regulations: Commercial trucks operating in Florida must comply with Federal Motor Carrier Safety Regulations including hours of service rules, driver qualification standards, vehicle maintenance requirements, cargo securement rules, and electronic logging device mandates. Violations of these regulations serve as evidence of negligence.
Damage Caps: Florida does not impose caps on economic damages in truck accident cases. Non-economic damages (pain and suffering) are not capped in most negligence cases, though certain medical malpractice claims have specific limitations.
Punitive Damages: Florida allows punitive damages in cases involving intentional misconduct or gross negligence under Fla. Stat. § 768.72. Punitive damages are generally capped at three times compensatory damages or $500,000, whichever is greater, with exceptions for certain egregious conduct.
Vicarious Liability: Florida applies the dangerous instrumentality doctrine, which can impose vicarious liability on vehicle owners for negligent operation by permissive users. Trucking companies are vicariously liable for employee driver negligence under respondeat superior.
Bad Faith Claims: Florida allows bad faith claims against insurance companies that fail to settle claims in good faith, which can result in damages exceeding policy limits.
Frequently Asked Questions
What is the statute of limitations for truck accident claims in Florida?
Florida law generally provides a four-year statute of limitations for personal injury claims arising from negligence under Fla. Stat. § 95.11. Wrongful death claims have a shorter two-year deadline. Recent legislative changes have modified certain aspects of personal injury law in Florida, so consulting with an attorney promptly after an accident is advisable to understand current deadlines and requirements applicable to your specific situation.
How does Florida’s comparative negligence rule affect truck accident compensation?
Florida now follows modified comparative negligence. If you are found 50% or less at fault for the accident, you can recover damages reduced by your percentage of fault. For example, if you are 30% at fault and damages total $300,000, you would receive $210,000. However, if you are found more than 50% at fault, you cannot recover any compensation. This represents a significant change from Florida’s prior pure comparative negligence system where plaintiffs could recover even if mostly at fault.
Where are truck accident lawsuits filed in Miami?
Truck accident lawsuits in the Miami area are typically filed in Miami-Dade County Circuit Court for claims exceeding $50,000. County courts handle smaller claims. Cases involving out-of-state trucking companies may be filed in the United States District Court for the Southern District of Florida under diversity jurisdiction if the amount in controversy exceeds $75,000.
Can I pursue a claim against the trucking company’s insurance even if I have PIP coverage?
Yes, Florida’s no-fault PIP system does not prevent injured parties from pursuing liability claims against at-fault truck drivers and trucking companies for damages exceeding PIP benefits or when injuries meet certain severity thresholds. Commercial trucking companies carry liability insurance of $750,000 or more under federal requirements, providing substantial coverage for serious injury claims. PIP coverage addresses only a limited portion of damages and does not compensate for pain and suffering.
What makes truck accident cases different from regular car accident cases in Florida?
Truck accident cases involve additional complexity including federal Motor Carrier Safety Regulations governing driver qualifications, hours of service, and vehicle maintenance; multiple potentially liable parties including the driver, trucking company, cargo loaders, and maintenance contractors; higher insurance coverage requirements; more severe injuries due to the size and weight disparity between trucks and passenger vehicles; and corporate defendants with substantial legal and investigative resources. These factors require attorneys with specific experience in trucking litigation and resources to conduct thorough investigations and retain necessary experts.