Fort Lauderdale
Fort Lauderdale Truck Accident Attorney
Fort Lauderdale Truck Accident Lawyer
Injured in a truck accident? You’re not alone. Fort Lauderdale’s bustling roadways, like I-95, I-595, and I-75, are heavily trafficked by commercial trucks moving goods to and from South Florida’s busy ports. These 18-wheelers often weigh 20 times more than passenger vehicles, creating a recipe for catastrophic collisions.
When trucking companies, drivers, or maintenance crews cut corners, everyday drivers suffer. That’s where we step in. At Schilling & Silvers Personal Injury & Car Accident Lawyers, we fight to hold negligent truck drivers, freight companies, and insurers accountable so you can focus on healing. With millions recovered for clients across South Florida, our team stands ready to protect your rights and pursue maximum compensation. Call (954) 869-9533 now for a free consultation with a Fort Lauderdale truck accident lawyer. Available 24/7.
Why Choose Schilling & Silvers?
- Over $62 Million Recovered for Clients
- Locally Rooted in Fort Lauderdale
- Available 24/7
- You Don’t Pay Unless We Win
- Aggressive Representation Against Large Trucking Firms
We understand how high the stakes are after a traumatic truck crash. Let us handle the legal battle while you focus on healing.
Top Causes of Truck Accidents in Fort Lauderdale
The legal team at Schilling & Silvers has investigated countless truck accident cases throughout Broward County. Most result from preventable negligence, including:
- Driver fatigue or violation of Hours of Service rules
- Distracted driving (e.g., texting)
- Improper cargo loading or unsecured freight
- Speeding or aggressive lane changes
- Driving under the influence of drugs or alcohol
- Poor weather driving without appropriate caution
Many of these accidents could have been avoided with simple compliance. That failure can cost you, and we’re here to make sure they pay for it.
Who May Be Liable for a Truck Crash?
One of the most complex aspects of truck accident claims is identifying all responsible parties. Unlike a typical car accident, multiple entities may be involved, including:
- Truck driver: Reckless or distracted driving
- Trucking company: Negligent hiring, supervision, or pressure to violate safety regulations
- Truck manufacturer: If defective parts caused the crash
- Cargo loader: Improperly balanced or unsecured freight
- Maintenance contractors: Ignoring or missing repairs
- Government agencies: Unsafe road conditions were a factor
Under Florida’s modified comparative negligence laws, even if you are partially at fault, you can still recover compensation, as long as your fault is less than 50%. The truck accident attorneys at Schilling & Silvers will fight to prove the majority fault lies with the defendant(s) and protect your rights at every turn.
How We Build Strong Truck Accident Cases
At Schilling & Silvers, our legal strategy includes:
- Securing black box and GPS data
- Obtaining driver qualification files and logs
- Reviewing dash cam or surveillance footage
- Engaging accident reconstruction experts
- Analyzing FMCSA violations and inspection records
- Negotiating with multiple insurance carriers
We prepare every case as if it’s going to trial to secure top compensation, whether at the negotiating table or in court.
Truck Accident Damages You May Be Entitled to Recover
Truck accident victims in Fort Lauderdale may be eligible for:
- Emergency room visits and medical bills
- Physical therapy and long-term care
- Lost wages and reduced future earning capacity
- Vehicle repair or replacement
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disfigurement or disability
- Punitive damages
We’re Ready When You Are
If you’ve been injured, the clock is ticking. Let’s talk! We’ll review your case for free, explain your rights, and help you move forward with confidence.
How is Liability Proven in a Fort Lauderdale Truck Accident Claim?
Florida is a no-fault state, meaning that the truck’s auto insurance policy should cover all the damages regardless of who’s fault caused the accident. However, you can file a claim if the insurance policy isn’t enough to cover all your injuries or damages. A personal injury case is filed against the at-fault party.
In other words, you must prove that the accident occurred due to someone else’s fault (negligence), resulting in injuries/damages that caused you monetary or non-monetary losses.
Proving fault is where truck accident cases get really challenging. Several independent players are involved in the trucking business, and any one of them could be held responsible for an accident. Let’s look at the potentially liable parties in a truck accident:
The Truck Driver
Most road crashes result from driver error, and truck accidents are no different. Not to bash on truckers, but the driver is evidently the weakest link in any vehicle. Based on NHTSA’s findings, of all the truckers involved in fatal crashes in 2021, 21.3% had previously recorded crashes, 0.9 had previous DWI convictions, 18.8% had at least one prior speeding conviction, and 7.3% had previously had their license revoked or suspended.
A truck driver can be found responsible for a truck accident in many different ways. Here are some of the common driver errors that can lead to an injury-causing crash in Broward County:
- Driving while intoxicated
- Driving for extended periods without taking well-deserved breaks or naps
- Distracted driving, for example, talking or texting on the phone, fiddling with the stereo, or snacking while driving
- Over-speeding and tailgating
- Carelessly switching lanes or overtaking
- Ignoring traffic rules, directions, or signs
- Disregarding mandated caution when transporting special goods such as hazardous cargo and wide loads
The Trucking Company
The trucking company the driver works for or that owns the truck could be liable for a truck accident. However, tying the trucking company to a crash can be difficult. And since the driver and the company are usually tightly intertwined, it can be hard to tell who was responsible for what.
All in all, the trucking company can at least share some of the blame in the following situations:
- The company/employer pressured the driver to work overtime and skip breaks
- The company hired an underqualified or unlicensed driver
- The company violated FMCSA safety regulations
- The company failed to keep the truck in good working condition
The Truck’s Manufacturer
Unexpected and unavoidable vehicle malfunctions cause some truck accidents. For instance, failed brakes, wonky steering, defective couplings, and tire blowouts are common culprits of truck accidents. And in some cases, such malfunctions stem from defective trucks or spare parts, meaning the manufacturer can be solely or partly to blame for the accident.
Keep in mind that suing a truck or spare parts manufacturer for personal injury can easily escalate into a mass tort or class action lawsuit. Chances are, the manufacturer sold more than one defective truck or auto component.
The Cargo’s Owner
The person or company whose cargo was being transported during the accident could be responsible for the crash. That might seem farfetched, but if you can prove that the cargo’s owner played a role in the accident, it will definitely hold up in court. Maybe they ignored some safety precautions, gave the wrong routing or cargo handling instructions, or cut some corners to save money on hauling fees.
Other Third-Parties
Other potentially liable entities may include:
- The negligent individuals or company tasked with maintaining, servicing, and repairing the truck
- The crew that loaded the truck with a poorly balanced or unsecured cargo
- The truck inspector for failing to notice imminent malfunctions
- The government authorities that failed to maintain the road or direct traffic properly
The Injured Party
The injured party (claimant or plaintiff in a personal injury case) could be partly liable for the accident. As ironic as it sounds, “victims” in personal injury cases can share the blame for their injuries.
Florida recently modified its negligence laws. As of March 24, 2023, a plaintiff in a personal injury case can only recover damages if they are less than 50% to blame for the accident. Also, the compensation will be awarded depending on the plaintiff’s share of the fault. For instance, if the court determines you were 20% responsible for a truck accident, you may only claim 80% of the available compensation.
As a plaintiff, you could be held partly responsible for a truck crash in many different ways. It could be that you ignored traffic rules, refused to yield to the truck, or were intoxicated at the time of the accident. Under the newly modified comparative negligence law, the trick to winning such a case is proving that your fault was considerably less than the defendant’s fault.
In any case, proving fault requires gathering irrefutable evidence and building a solid case that works in your favor. Again, an experienced Fort Lauderdale truck accident lawyer from Schilling & Silvers can help you argue your way out of blame and bring the liable parties to justice.
Why Are Truck Accident Claims in Fort Lauderdale More Complicated Than Other Claims?
The process of claiming compensation after a truck accident can get complicated fast, especially if the claimant has not partnered with a skilled attorney. Many claimants in truck accident cases actually get frustrated along the way and wind up settling for much less than what they’re owed or walking away with nothing.
Here are the three main reasons why truck accident personal injury claims are so complicated:
Truck Accidents Often Result in Severe Damage
A fully-loaded semi-truck can weigh up to 80,000 pounds (40 tons)—20 times heavier than the average passenger car. Even for a truck traveling at fairly low speeds, all that weight carries immense momentum.
Also, trucks are much tougher compared to other road vehicles. Most trucks have heavy-duty body panels, chassis, and frames built from thick steel or aluminum. On the other hand, passenger vehicles typically have shells made of comparatively fragile composites.
With their immense mass and sturdy build, heavy trucks are more like battering rams on wheels. They pack a heavy punch during collisions with other vehicles or road users. Many traffic crashes involving heavy trucks are utterly devastating in terms of severity of injuries and extent of property damage.
For this reason, most personal injury claims for truck accidents have lots of cost/damage considerations. And the more the claims, the more the paperwork, and the longer the case drags out. As you can imagine, the defendant (insurer, driver, or trucking company) will want to fight you on every claim to ensure they only pay the lowest compensation possible.
Trucks are Categorized as Commercial Vehicles
Florida Statute 320.01(26) defines a “commercial vehicle” and it is more than just a distinction between commercial and noncommercial vehicles.
It means that commercial vehicles, including trucks, are registered and insured differently than other types of vehicles.
Additionally, commercial vehicle regulations fall under unique state laws. For instance, truck drivers must meet specific requirements to obtain a commercial driver’s license. Other laws and industrial standards may also apply, depending on the truck’s route, layout, and cargo.
All this adds to the complexity of personal injury claims involving truck crashes.
There are Several Entities Involved
A truck accident personal injury case may involve several parties in the claim process. Depending on the nature of your case and the at-fault party, you may claim compensation against the truck driver, the trucking company, the truck company’s insurer, the person or company whose goods were being transported at the time of the accident, or the truck’s manufacturer. And in most cases, you’ll be dealing with more than one party regardless of who was at fault for the accident.
Most commercial truckers work for limited liability trucking companies that are cleverly structured to protect themselves and their drivers from personal injury liabilities. Also, the insurers covering these companies have strict policies surrounding “fault” and “liability.” Since nobody wants to own up or pay up, the ball gets tossed around all the different parties using obscure bureaucracies.
Unfortunately, none of this makes the case any easier for the plaintiff or their Fort Lauderdale truck accident attorney, mainly because negotiating with or suing each party requires a unique strategy.
The stakes are usually pretty high in commercial truck accident cases, which is why the defendant(s) fights so aggressively against personal injury lawsuits in Fort Lauderdale. As a claimant or plaintiff in a truck accident lawsuit, you need an equally aggressive claim to stand any chance of compensation.
And that’s where an experienced Fort Lauderdale personal injury lawyer comes in. Our skilled legal team pulls out all the stops to ensure our clients get triumphant legal representation against otherwise stubborn defendants.
What Types of Evidence Will Strengthen My Truck Accident Claim in Fort Lauderdale, Florida?
Building a substantial truck accident claim in Fort Lauderdale requires gathering solid evidence demonstrating liability and the extent of your damages. The more comprehensive the evidence, the more your case will be when seeking compensation. Below are some crucial types of evidence that can strengthen your truck accident claim:
Police Reports
One of the first pieces of evidence you’ll need is the official report from the Fort Lauderdale Police Department. This document provides essential details about the accident, including witness statements, the officer’s observations, and any citations issued. A police report offers an unbiased third-party account of the crash, making it valuable in establishing fault.
Eyewitness Testimony
Eyewitnesses can provide vital firsthand accounts of the accident, including what they saw before, during, and after the crash. Their testimony can corroborate your version of events and help clarify how the accident occurred, mainly if there’s any dispute over fault.
Photos and Videos
Photographs and videos taken at the scene can be extremely helpful. These images can show the positioning of the vehicles, road conditions, weather, and visible damage to your vehicle. Dashcam footage, if available, can offer a clear visual record of the moments leading up to the crash.
Black Box and Event Data Recorder (EDR)
Commercial trucks have a “black box” or Event Data Recorder (EDR). This device captures crucial information, such as the truck’s speed, brake usage, and throttle position, just before the accident.
Securing this data can provide concrete evidence of the truck driver’s actions or mechanical issues contributing to the crash. As EDRs automatically record data, they offer an unbiased account that can be pivotal in proving fault.
Medical Records
Your medical records document the extent of your injuries and connect them directly to the accident. These records are crucial to proving your physical and emotional damages. Ensure you record treatments, diagnoses, and doctor visits to substantiate your compensation claim.
Expert Testimony
In more complex cases, accident reconstruction experts or medical professionals may be necessary to provide testimony. These experts can analyze the accident scene or your injuries to offer insight that strengthens your claim.
This evidence is essential for proving your truck accident claim in Fort Lauderdale. Obtaining EDR data and securing eyewitness testimony early on can significantly impact the outcome of your case, helping you get the compensation you deserve.
How Much Money Can I Get For My Fort Lauderdale Truck Accident Lawsuit?
The compensation you can receive for a Fort Lauderdale truck accident lawsuit depends on several factors. Each case is unique, and the final settlement or verdict will be based on the specific details of your accident and the extent of your injuries.
Truck accident victims often seek compensation for damages, including medical bills, lost wages, and pain and suffering.
Types of Compensation
Victims of truck accidents are entitled to pursue two primary types of damages: economic and non-economic.
- Economic Damages are measurable losses like medical expenses, property damage, and lost income. If your injuries prevent you from working, you can seek compensation for past and future lost wages. Ongoing medical care, including surgeries or rehabilitation, may also be covered under economic damages.
- Non-Economic Damages: These include compensation for emotional distress, pain and suffering, and the loss of enjoyment of life. While more challenging to quantify, these damages reflect the emotional and mental toll the accident has taken on your life.
Factors Affecting Your Compensation
The amount of compensation you can recover is influenced by several factors. Some of the most important include:
- Severity of Injuries: Serious or catastrophic injuries generally lead to higher compensation because they involve much greater medical expenses and impact on quality of life.
- Liability: As stated, Florida follows a comparative negligence rule, meaning your compensation can be reduced if you are found partially responsible for the accident. If you are deemed 20% at fault, your compensation will be reduced by that percentage.
- Insurance Policy Limits: The at-fault party’s insurance coverage significantly determines the compensation available. Trucking companies often carry more extensive insurance policies, but these policy limits may still cap the total compensation.
- Long-Term Impact: If your injuries have long-term effects on your ability to work or require ongoing medical care, your compensation will reflect those future losses.
While there is no set amount for a truck accident settlement, understanding the factors that impact your case can give you a clearer idea of what to expect. An experienced Fort Lauderdale truck accident lawyer from Schilling & Silvers Personal Injury and Car Accident Lawyers can help assess your case and pursue the compensation you deserve based on your circumstances.
Does Florida Have Rules and Regulations For Truck Drivers in 2025?
Florida truck drivers must follow various state and federal regulations to ensure road safety. These rules cover everything from driver qualifications to vehicle maintenance and working hours, helping to reduce the risk of accidents.
State-Level Regulations
On a state level, the Florida Department of Transportation (FDOT) enforces laws that govern commercial trucking operations. These include vehicle size, weight limits, and load distribution regulations to ensure trucks can be operated safely on Florida roads.
Truck drivers must also hold a valid Commercial Driver’s License (CDL), which requires passing written and driving tests specific to operating large vehicles. Additionally, Florida law mandates regular vehicle inspections to catch and fix mechanical issues before they lead to accidents.
Federal-Level Regulations
At the federal level, the Federal Motor Carrier Safety Administration (FMCSA) sets regulations for interstate trucking. The FMCSA regulations include hours of service limits, which dictate how long drivers can be on the road before taking mandatory breaks.
This is critical for preventing fatigue, one of the leading causes of truck accidents. There are also strict rules regarding drug and alcohol testing, ensuring drivers are fit to operate their vehicles.
Another crucial federal regulation concerns truck maintenance and inspection. Drivers must complete pre-trip and post-trip inspections to ensure their vehicle works properly. If any defects are found, they must be addressed before the truck can continue operating.
Truck drivers can help make Florida’s roads safer by adhering to these rules and regulations. However, when these regulations are ignored or violated, the risk of accidents increases, and responsible parties can be held accountable through legal action.
Fort Lauderdale, Florida
The roads in and around Fort Lauderdale, Florida, are heavily traveled by commercial trucks, which is no coincidence. The state’s geographic advantages primarily drive Florida’s thriving trucking industry. Positioned as a central hub for trade and transportation, Florida has extensive access to ports, railways, and major highways that connect it to the rest of the country.
For example, Port Everglades, located in Fort Lauderdale, is a critical point for the distribution of goods both domestically and internationally. This proximity to major shipping routes makes it a hotspot for trucking activity, as goods constantly move in and out of the area.
In addition to its coastal location, Florida’s year-round warm climate allows for uninterrupted trucking operations. Unlike other states that face snowstorms or icy conditions, Florida’s roads remain accessible throughout the year, making it ideal for freight transportation.
The state’s agricultural sector is critical in generating freight traffic as Florida is one of the nation’s leading producers of fresh fruits and vegetables. Beyond agricultural products, Fort Lauderdale also sees high volumes of construction materials, machinery, and petroleum products passing through, fueling the city’s local economy and development.
This strategic location, favorable weather, and a diverse range of transported products make Fort Lauderdale a bustling hub for trucking activity. As a result, residents and visitors will continue to see many trucks sharing the roads daily.
Resources For Victims of Truck Accidents in Fort Lauderdale
- Santiso Physical Therapy: 2419 E. Commercial Blvd., Suite 201, Fort Lauderdale, FL 33308.
- State Auto Body: 4487 NE 6th Terrace, Fort Lauderdale, FL 33334
- Ramsey Paint & Body Inc.: 209 SW 15th St, Fort Lauderdale, FL 33315
- Fort Lauderdale Onsite Truck Repair: 3540 N Federal Hwy, Fort Lauderdale, FL 33308
Disclaimer: We neither endorse these companies nor receive any financial benefit from listing them on our website.
Skilled Truck Accident Lawyer Near Me in Fort Lauderdale, Florida
As soon as you or a loved one are in an accident with a large commercial vehicle, it is critical to your case for financial compensation and recovery that you contact an experienced Fort Lauderdale truck accident attorney at Schilling & Silvers Personal Injury & Car Accident Lawyers.
To schedule an appointment with our knowledgeable attorneys, please fill out our contact form to arrange for your free, no obligation consultation.
In addition to Fort Lauderdale, our attorneys also serve Pompano Beach, Hialeah, North Lauderdale, Lauderdale Lakes, Wilton Manors, Lazy Lake, and more.
Written by Aaron Silvers
Real Stories. Real Results.
What Our Clients Say
We treat every client like family — and it shows. Here’s what real people have to say about working with The Bald Injury Lawyers.
Mike Evans
Mike Evans
We hired Schilling & Silvers Personal Injury & Car Accident Lawyers after being unable to reach an acceptable settlement with an insurance company. Aaron handled everything professionally, kept us informed regularly, and quickly negotiated the settlement we were looking for. I would highly recommend Schilling & Silvers Personal Injury & Car Accident Lawyers for your legal needs!
Farrah Caroll
Farrah Caroll
I hired Schilling & Silvers Personal Injury & Car Accident Lawyers to help with my Insurance claim. Mr.Silvers was able to get my case settled fairly quickly. He was very professional.i would recommend him in the future to anyone needing assistance with claims. Thank you so much.
Crystal McLaughlin
Crystal McLaughlin
Mr. Silvers and staff are wonderful. They keep you updated on your case. They have quick response time. I highly recommend Schilling & Silvers Personal Injury & Car Accident Lawyers
Fort Lauderdale Truck Accident Lawyer FAQ
Still feeling unsure? More questions? These might help!
How much is my truck accident case worth?
Every case is different. Compensation depends on your medical costs, lost income, long-term impairments, and pain and suffering. Serious injuries generally lead to larger settlements. We offer free case evaluations to estimate the potential value of your claim.
How long do I have to file a truck accident claim in Florida?
In most cases, you have two years from the date of the accident to file a personal injury lawsuit in Florida. However, evidence can disappear quickly, so don’t wait to contact an attorney.
Can I still sue if I was partially at fault?
Yes. Under Florida’s modified comparative fault rule, you can still recover damages as long as you were less than 50% responsible for the crash. Your compensation will be reduced by your percentage of fault.
What if the truck driver was an independent contractor?
Whether the driver was employed or an independent contractor, you may still have a case. Liability could extend to the truck owner, the trucking company, or other entities. We investigate all avenues to hold the correct parties accountable.
Do truck accident claims take longer than car accident claims?
They often do. Trucking companies and their insurers mount aggressive defenses. Multiple liable parties and complex federal regulations can also add to the timeline. But we’re prepared to fight for however long it takes to get the justice you deserve.
What should I do immediately after a truck accident in Fort Lauderdale?
If you’re involved in a truck accident, taking the right steps immediately after the crash is crucial to protect your health and your legal rights. Here’s what you should do:
- Call 911 and request emergency medical services. Your safety and health are the top priority.
- Do not admit fault to anyone, including the other driver or police, even casually.
- Document the scene by taking photos of vehicle damage, license plates, road conditions, traffic signs, and any visible injuries.
- Gather contact information from witnesses and other drivers involved.
- Seek medical attention even if your injuries seem minor, some symptoms may appear hours or days later.
- Contact a Fort Lauderdale truck accident attorney like Schilling & Silvers before speaking to any insurance companies or adjusters.
Acting quickly can preserve vital evidence like black box data and driver logs that may be lost or erased within days.
Speak With a Fort Lauderdale Truck Accident Lawyer Today
Truck accident cases aren’t just bigger, they’re tougher. Let Schilling & Silvers Personal Injury & Car Accident Lawyers level the playing field. We’ve taken on powerful corporations, and we don’t back down. We serve clients in Fort Lauderdale, Miami, Sunrise, Plantation, Weston, Hollywood, Hialeah, and throughout South Florida. Call (954) 869-9533 to get your free consultation today.