Hit by a semi or delivery truck in Palm Beach County? Why isn't it handled like a car crash?

Can I hold the trucking company responsible, or only the driver?

Usually the company too, and sometimes others. A driver who was speeding, on the phone or past the hours limit is one source of fault. The carrier may be responsible for hiring that driver despite a poor record, cutting corners on inspections, or setting a schedule that could not be met legally. A shipper or freight broker may have overloaded the trailer or loaded it unevenly, and a repair shop may have done faulty brake work. Each one typically has separate insurance and can be named as a separate defendant.

Under Florida's dangerous instrumentality doctrine, the owner of a vehicle can also be made to answer for how it was operated, even when the owner was not behind the wheel. That matters because the tractor, the trailer and the company painted on the door frequently belong to different businesses.

How quickly can a truck's records be lost after a crash?

Faster than most people expect. Federal rules require carriers to keep electronic logging device records for six months (49 C.F.R. § 395.8), but dash-camera footage and engine data can be recorded over within days or weeks of normal use. Once Wolfson & Leon is retained, it sends a written preservation (spoliation) letter to the carrier and its insurer covering driver logs, video, dispatch and GPS data, maintenance files, drug and alcohol test results, and the driver qualification file. A month of delay can decide whether that proof still exists.

Which trucking safety rules usually decide these cases?

Fla. Stat. § 316.302 applies the Federal Motor Carrier Safety Regulations to commercial vehicles in Florida. In injury cases four sets come up again and again: the hours-of-service limits in 49 C.F.R. Part 395, which allow no more than 11 hours of driving after 10 consecutive hours off duty; driver qualification and medical certification under Part 391; inspection, repair and maintenance under Part 396; and drug and alcohol testing under Part 382. Proof that a driver or carrier broke one of these rules is powerful evidence of negligence.

Where do truck crashes tend to happen around West Palm Beach?

Long-haul semis run the length of the county on I-95 and Florida's Turnpike, and interchanges where local traffic merges in, such as Okeechobee Boulevard, Southern Boulevard and PGA Boulevard, are places where trucks and cars compete for the same space. Cargo trucks moving between the Port of Palm Beach in Riviera Beach and the interstate add to that traffic in the north end of the county. West of the city, Southern Boulevard (US 98 / SR 80) carries trucks toward Wellington, Loxahatchee and Belle Glade, including sugarcane and farm trucks during the harvest season that runs from fall into spring. Box trucks and dump trucks serving stores and construction sites are a daily sight on Military Trail, Congress Avenue and Okeechobee Boulevard.

The location helps identify who owned the truck, which route it was running, and where cameras or witnesses might be. A case against an interstate carrier may also belong in federal court, the U.S. District Court for the Southern District of Florida, which sits in West Palm Beach at the Paul G. Rogers Federal Building and U.S. Courthouse, 701 Clematis St.

Why does a truck carry so much more insurance than a car?

Because federal law requires it. A carrier hauling general freight across state lines needs at least $750,000 in liability coverage, and carriers of hazardous materials need between $1,000,000 and $5,000,000 depending on the cargo (49 C.F.R. § 387.9). Many carry more. Compare that with a Florida passenger car, which is not required to carry any bodily injury coverage. The bigger policy also brings a faster, better-organized defense, with the insurer often putting an adjuster, and sometimes a lawyer, on the crash within hours.

What damages are available after a crash with a commercial truck?

The categories match any Florida injury claim: medical expenses now and in the future, lost income and lost earning capacity, and, for a permanent injury, pain and suffering. What changes is the severity of the injuries and the number of possible payers. The driver, the carrier, the owner of the tractor or trailer, a freight broker and a maintenance company may each carry a policy, and interstate freight carriers start at a $750,000 federal minimum (49 C.F.R. § 387.9). The firm identifies all of the parties and policies before putting a value on the claim, since a claim measured against a single policy, when several actually apply, is undervalued before it begins.

What should I avoid doing after a truck crash?

• Putting off the call to a lawyer. Video and electronic data can be overwritten within days, and the preservation letter should go out within the first couple of weeks.
• Speaking with the trucking company's response team. Carriers often send an adjuster or investigator to the scene or to your door within a day, and their job is the company's defense.
• Letting your car be fixed or sent to salvage before it has been photographed and, after a serious crash, inspected.
• Assuming the company name on the cab tells you who to sue. The driver, tractor, trailer and cargo may each be tied to a different business.
• Settling early with one party without knowing how that release affects the claims against everyone else.