Legally reviewed by Dean Levy, Florida personal injury attorney (Florida Bar No. 1012164). Last updated September 16, 2026.
A truck accident claim in Florida differs from a car crash claim in three ways: federal trucking rules add defendants beyond the driver, interstate carriers must carry at least $750,000 in liability coverage, and the evidence that proves fault, from electronic driving logs to dashcam files, can be legally discarded within months unless someone acts to preserve it.
Key takeaways
- Interstate trucking companies must carry at least $750,000 in liability coverage.
- Federal rules cap truck drivers at 11 hours of driving per shift.
- Carriers may discard electronic logging records after six months.
- The trucking company, not just the driver, is usually a defendant.
- Florida’s two-year filing deadline applies to truck crash lawsuits.
What makes a truck accident claim in Florida different from a car crash claim?
The number of parties and the rulebook. A car crash usually involves one at-fault driver and one insurer. A commercial truck crash can involve the driver, the motor carrier that employs or contracts with the driver, the owner of the tractor or trailer, the company that loaded the cargo, and the shop that maintained the rig, each with separate insurance.
Federal Motor Carrier Safety Regulations govern interstate trucking, from driver qualifications to hours behind the wheel to maintenance, and a violation of those rules is strong evidence of negligence. No comparable rulebook exists for private drivers.
Florida’s no-fault rules still apply to the first layer. An injured car occupant claims personal injury protection through their own policy first, with the 14-day treatment deadline attached, before pursuing the trucking company for the rest. Our guide to Florida’s 14-day rule covers that step.
How much insurance must a trucking company carry?
At least $750,000 for most interstate carriers, and far more for hazardous cargo. Under 49 CFR Part 387, for-hire carriers hauling nonhazardous property in vehicles over 10,000 pounds must maintain $750,000 in liability coverage, oil and certain hazardous substances require $1 million, and bulk hazardous materials require $5 million.
Compare that with the ordinary Florida driver. State law requires only $10,000 in personal injury protection and $10,000 in property damage liability, with no bodily injury coverage at all for most private motorists, which is why a catastrophic car-on-car crash so often ends with a policy that cannot cover the harm.
| Type of vehicle or carrier | Minimum liability coverage | Source of the requirement |
|---|---|---|
| Interstate carrier, nonhazardous freight, vehicles over 10,000 lbs | $750,000 | 49 CFR § 387.9 |
| Interstate carrier, oil and certain hazardous substances | $1,000,000 | 49 CFR § 387.9 |
| Interstate carrier, bulk hazardous materials | $5,000,000 | 49 CFR § 387.9 |
| Ordinary private vehicle registered in Florida | $10,000 PIP and $10,000 property damage; no bodily injury coverage required | Florida registration minimums |
The federal figure is a floor. Many carriers carry $1 million or more, and excess policies can sit above the primary layer, which is why identifying every policy early matters so much in serious cases.
What evidence decides a truck accident case, and how fast does it disappear?
The truck’s own data decides most cases, and much of it has a short legal shelf life. Under 49 CFR Part 395, a motor carrier must keep a driver’s records of duty status and supporting documents for at least six months, and the same six-month window applies to electronic logging device data. After that, the carrier can lawfully discard it.
The list of perishable evidence is long: ELD hours-of-service records, the driver’s qualification file, post-crash drug and alcohol test results, engine control module data showing speed and braking, dashcam and forward-facing camera footage, dispatch and messaging records, bills of lading, and maintenance and inspection reports.
A preservation letter, also called a spoliation letter, is a written demand that the carrier retain specific evidence because litigation is anticipated. Sent within days of the crash, it turns a routine deletion into potential court sanctions. Sent after six months, it may arrive to find the records gone.
Which federal trucking rules matter most after a crash?
Hours-of-service limits, because fatigue drives so many of these crashes. Under 49 CFR § 395.3, a property-carrying driver may drive at most 11 hours after 10 consecutive hours off duty, may not drive past the 14th hour after coming on duty, must take a 30-minute break after eight cumulative hours of driving, and is capped at 60 hours in 7 days or 70 hours in 8 days.
The Insurance Institute for Highway Safety notes that surveys show many drivers work longer than the rules allow, and that loaded tractor-trailers need 20 to 40 percent more distance than cars to stop. A truck that was over hours, or under-maintained, is a case with two theories of negligence instead of one.
Driver qualification, medical certification, drug and alcohol testing, and vehicle inspection rules round out the list. Each one generates paperwork, and each gap in that paperwork is evidence.
Where do truck crashes happen in Broward County, and what should victims do first?
Along the freight corridors. Port Everglades in Fort Lauderdale is a major container and petroleum port, and the containers and fuel tankers leaving it move onto I-595, I-95, and Florida’s Turnpike, the same roads that carry the county’s commuters. Broward County logged more than 36,000 crashes in 2025 according to FLHSMV Crash Dashboard data, and several of its worst interchanges appear in our review of the most dangerous intersections in Fort Lauderdale.
The national numbers explain the stakes. Large truck crashes killed 5,340 people in 2024, and 70 percent of them were occupants of other vehicles, according to the National Safety Council. The passenger car almost always loses.
The first week sets the case. Get medical care within 14 days to protect PIP, request the crash report, photograph the truck’s DOT number and carrier name if it is safe to do so, and decline any recorded statement to the carrier’s insurer, which often has an adjuster or investigator on the case within hours.
Then send the preservation letter and mind the clock. Truck crash lawsuits carry the two-year deadline in Florida Statutes § 95.11(5)(a), and Dean Levy Injury Law reviews Broward truck crash cases in a free consultation; the firm’s practice areas page covers the range of vehicle cases it handles.
Frequently asked questions
Who can be sued after a truck accident in Florida?
Potentially several parties at once: the driver, the motor carrier that employed or dispatched the driver, the owner of the tractor or trailer if different, the company that loaded or secured the cargo, and a maintenance contractor whose work failed. Florida apportions fault among everyone responsible, and each defendant’s insurance becomes a separate source of recovery, which is why truck cases are investigated more broadly than car cases.
Does Florida’s no-fault law apply to truck accidents?
Yes, for the first layer of benefits. An injured car occupant still claims personal injury protection through their own policy first, subject to the 14-day treatment rule, and must clear the permanent injury threshold to claim pain and suffering from an insured defendant. Serious truck crash injuries usually clear that threshold, and the claim then proceeds against the carrier’s commercial policy.
How long does a trucking company have to keep driver logs?
At least six months under 49 CFR Part 395, for both paper records of duty status and electronic logging device data, along with the supporting documents that verify them. Nothing requires a carrier to keep them longer unless a preservation demand or a lawsuit intervenes, so the six-month mark is a hard practical deadline for locking down the evidence in a truck crash case.
What is a preservation or spoliation letter?
A written demand, sent to the carrier and its insurer, identifying specific evidence to be retained because a claim is anticipated: ELD data, dashcam footage, engine data, driver files, dispatch records, and the vehicle itself. Destroying evidence after receiving the letter can expose the carrier to court sanctions and adverse inferences at trial, which is why it is typically the first document an attorney sends in a truck case.
Can I recover more than $750,000 after a truck crash?
Possibly. The federal minimum is a floor, not a cap, and many carriers carry $1 million or more in primary coverage with excess policies above it. Multiple defendants can mean multiple policies. The recovery in any case depends on the injuries, the evidence of fault, and the coverage actually in force, and no attorney can promise a figure before those facts are known.
How long do I have to file a truck accident lawsuit in Florida?
Two years from the crash date in most cases, under Florida Statutes § 95.11(5)(a), and two years from the date of death for fatal crashes. The evidentiary deadline is much shorter: carriers may discard electronic logs after six months, and camera footage from businesses along the corridor is often gone in days, so the investigation cannot wait for the legal deadline.
Talk to a Fort Lauderdale attorney about your truck accident claim
Dean Levy Injury Law represents truck crash victims across Broward County, including Fort Lauderdale, Pompano Beach, Deerfield Beach, and Lighthouse Point. Dean Levy has practiced Florida personal injury law since his admission to the Florida Bar in 2018, and every case starts with a free consultation on a contingency fee basis. Call (888) 613-3326 or visit the office at 955 South Federal Hwy, Suite 416, Fort Lauderdale, FL 33316.
This article is general legal information, not legal advice, and reading it does not create an attorney-client relationship with Dean Levy Injury Law. Liability and coverage always depend on the facts of a specific crash. Consult a licensed Florida attorney about your situation before making any decision based on this information.
