We understand the strain that medical bills and lost income can put on you and your family, and we’ve helped thousands of clients just like you put their lives back together after an accident. Regardless of the severity of your injuries, you have the right to seek the maximum compensation that our laws allow.
After a semi-truck accident, the injury attorneys at Harrell & Harrell will investigate liability by immediately preserving and analyzing specialized evidence, including the truck’s black box (ECM) data and FMCSA hours-of-service logs, to prove negligence by the driver or the trucking company under federal regulations.
Truck accident attorneys in Florida have to have a thorough understanding of the Federal Motor Carrier Safety Regulations as published in the Code of Federal Regulations by the United States Department of Transportation. With today’s crowded roadways, the number of traffic fatalities and major accidents involving trucks used for commerce has continued to increase each year. If you or a loved one has been injured in a trucking accident, it is most important to document the details of the events surrounding the incident as soon as possible. The Florida Legislature recently incorporated the federal government’s truck regulations into state law to ensure that the same laws govern intrastate truck accidents and interstate truck accidents.
An immediate investigation of a commercial truck accident by authorities may uncover critical information that can help your truck accident attorney evaluate your personal injury or wrongful death claim. Truck accident cases can be complex because it is often necessary to determine what caused the crash and which parties may be responsible for the damages.
Harrell & Harrell, P.A., will provide a free case consultation at our Jacksonville law office with no cost or obligation to you. If your truck accident attorney determines you do have a case, successful negotiation for a settlement in a truck accident case could occur at any point, including:
After a serious semi-truck or 18-wheeler crash, the Florida Department of Transportation (FDOT) typically performs a full accident investigation to determine what happened and who is responsible. Investigators collect information from the truck’s cab, analyze public records, and review details that may influence liability, insurance issues, or even potential criminal charges.
FDOT investigators collect information from the truck’s cab—such as the vehicle’s manufacturer, model, and gross weight rating—and compare it with public records to confirm ownership and insurance. This analysis helps determine liability for the crash and may uncover safety violations. In cases involving severe negligence, the findings may be sent to the Florida State Attorney’s Office for review of possible criminal charges.
Commercial truck drivers must maintain detailed logs documenting driving hours, rest periods, inspections, and compliance with federal and state safety rules. These logs often reveal whether the driver worked excessive hours, skipped required breaks, or operated an overloaded vehicle. Overloading is a recurring factor in serious truck accidents, and exceeding the manufacturer’s weight limits can establish liability when braking or handling is compromised.
Any driver operating a commercial truck weighing 26,000 pounds or more must hold a valid commercial driver’s license (CDL) and be properly certified for the vehicle. Employers also have legal responsibilities, including conducting background checks, reviewing driving and criminal history, and ensuring each driver has an up-to-date medical exam. Failure to meet these duties can contribute to employer liability when a crash occurs.
Drowsy driving or driving while fatigued can be every bit as dangerous as drunk driving, but the former doesn’t always get the attention it deserves for its dangerous potential. Data provided by the Centers for Disease Control and Prevention (CDC) demonstrates how drowsy driving is a major problem, with the CDD noting that the “risk, danger, and often tragic results of drowsy driving are alarming.”
What makes drowsy driving particularly dangerous is that no one can predict exactly when the effects of lack of sleep will take over, and this can be especially menacing when the vehicle is a large and heavy truck. According to the National Highway Traffic Safety Administration (NHTSA), in just one year alone, drowsy driving was the cause of:
The CDC states these NHTSA numbers are in fact underestimated, with up to 6,000 fatal crashes per year potentially being caused by drowsy drivers. When drivers are fatigued, they pay less attention to the road, have slower response times, and less able to make good driving decisions.
Another factor that makes fatigued driving so dangerous is, according to the FMCSA is as follows: “Although many drivers feel that they know when they are getting drowsy, various laboratory tests have shown that persons are not good at estimating their own drowsiness.”
Included in the number of drivers who don’t recognize their own levels of fatigue are commercial truck drivers. So, when an accident happens, it’s crucial that black box data is preserved, with the right professionals on your side to investigate the safety record of the trucking company—and the sooner this investigation can take place, the better.
At Harrell & Harrell, P.A. we have our own experienced investigators who can delve into who is at fault for an accident, whether that’s the truck driver, the owner of the company, the employer, or perhaps even a broker. Our truck accident lawyers understand all the legal requirements for commercial trucking. In fact, our attorneys won the largest settlement to date in Clay County—$6.5 million—representing a young man who suffered a mild traumatic brain injury after a truck driver hit him head-on.
A: If the accident has just occurred, it’s important to get medical attention first, but the more quickly that you can contact an experienced truck accident lawyer, the faster the investigation can begin—and, with these types of accidents, time truly is of the essence. You can contact our experienced Florida truck accident attorneys at 800-251-1111 for an immediate response.
A: At a high level, three things must be established:
who was responsible for the accident
what caused the accident
who is liable for damages
As part of our process, we first offer a case evaluation to you at no charge to gather information about the accident. Determining the identity of the owner of the truck and hauler is a crucial first step that can sometimes be challenging. Typically, we can obtain the Department of Transport number and Motor Carrier Number found on the truck’s cab to trace legal ownership. In commercial transportation, the truck and hauler may belong to different entities or be separately leased.
We also request and obtain information known as engine control module data, or ECM data. This is information being recorded while the truck is in motion and can offer insights into how fast the driver was going, the braking patterns shortly before the accident and other data about what was taking place, up to the last 60 seconds before the crash.
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Other key steps include determining whether the driver was within hours of service compliance and identifying and talking to witnesses. If you believe you’re entitled to compensation because of a truck accident, contact us online for a free case review or call our Jacksonville law office at 800-251-1111.
A: No two situations are ever exactly alike, including truck accidents, but we can say that fatigue is playing a significant role in vehicle crashes. Often referred to as “drowsy driving,” the Centers for Disease Control and Prevention (CDC) is calling this phenomenon a major problem” that involves “risk danger, and often tragic results.”
According to the National Highway Traffic Safety Administration (NHTSA), in just one year alone, drowsy driving was the cause of:
91,000 crashes
50,000 injuries
800 deaths
The CDC, in fact, believes the situation is significantly worse than that, suggesting that up to 6,000 fatal crashes take place every single year because of drowsy drivers.
A: Each case is unique, so we encourage you to schedule a free case consultation with our personal injury attorneys at no cost or obligation to you to discuss specifics. When our Jacksonville truck accident attorneys determine you have a case, settlements can be successfully negotiated at multiple points along the process, including:
during the initial discovery phase
during claim preparation
during post-claim preparation
during negotiations with the insurance company
because of court-ordered mediation
after a formal judicial process
A: Experience matters. If you or a loved one has been in a truck accident, you won’t want to spend long amounts of time debating which attorney to choose, because time is of the essence. On the other hand, you need an experienced attorney. Some efficient ways to find the right lawyer is to check websites for case studies, testimonials and other clear indications of experience.
Harrell & Harrell, P.A., won the largest settlement to date in Clay County—$6.5 million—representing a young man who suffered a mild traumatic brain injury after a truck driver hit him head-on. You can find client testimonials on our site, along with our attorneys’ experience in tackling tough personal injury cases.
It’s crucial that your attorney is well versed in the transportation laws, both federal ones and those of your state, particularly the Federal Motor Carrier Safety Regulations. Recently, the Florida legislature incorporated federal truck regulations into state laws. This ensures that the same laws that govern intrastate truck accidents do so for interstate ones, as well.
Navigating a personal injury claim can be overwhelming. Our quick, easy-to-understand videos cover the most common questions we hear from clients — so you can feel informed and confident every step of the way.
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