Attorney
Truck accidents are among the most serious collisions on Florida roadways. With the massive size and weight of commercial vehicles, these crashes often result in catastrophic injuries, substantial property damage, and even fatalities. If you’ve been involved in a truck accident and are considering a lawsuit, it’s critical to take the proper steps immediately to protect your legal rights and strengthen your potential claim.
At Boatman Ricci, we help injury victims across Naples, Fort Myers, and Florida pursue justice after devastating truck accidents. Below, we outline key actions to take after a crash, how Florida law affects your case, and why having experienced legal representation is essential.
Step 1: Call 911 and Seek Emergency Help
Your first priority should be safety and medical attention. Call 911 to report the accident and request emergency services. Law enforcement will respond to the scene and create an official crash report, which is a vital piece of evidence if you later file a claim or lawsuit.
Even if you don’t feel seriously injured at the time, you should still be evaluated by medical professionals. Some injuries, such as internal trauma or concussions, may not be immediately apparent.
Step 2: Document the Scene
If you’re able to do so safely, begin gathering information at the scene:
- Take photographs of vehicle damage, skid marks, road conditions, signage, and any injuries.
- Get contact and insurance details from all drivers involved, especially the truck driver.
- Note the name of the trucking company and any USDOT numbers visible on the vehicle.
- Speak with any witnesses and collect their names and contact information.
- Ask the responding officer how to obtain a copy of the crash report.
The more documentation you can gather, the stronger your case will be when it’s time to pursue legal action.
Step 3: Notify Your Insurance Company
Under Florida law, all drivers must carry Personal Injury Protection (PIP) coverage, which provides up to $10,000 for medical expenses and lost income, regardless of fault. Notify your insurer of the accident promptly so you can begin the PIP claim process.
However, truck accident cases often exceed the limits of PIP, especially if you suffered serious injuries. If your damages go beyond what PIP covers, or if you meet Florida’s “serious injury threshold,” you may pursue a third-party claim or lawsuit against the truck driver, their employer, or another liable party.
Step 4: Do Not Speak to the Trucking Company’s Insurer
Trucking companies and their insurers often respond quickly after a crash, sometimes even sending representatives to the hospital. Avoid giving recorded statements or signing any documents without first speaking to a qualified attorney. Their goal is to minimize liability, not to protect your rights.
Step 5: Consult a Truck Accident Attorney Early
Truck accident litigation is highly complex and differs significantly from ordinary car accident cases. Multiple parties may be liable, including:
- The truck driver
- The trucking company
- A freight or logistics company
- The vehicle manufacturer or maintenance provider
Additionally, commercial trucks are subject to strict state and federal regulations, including those from the Federal Motor Carrier Safety Administration (FMCSA). Evidence, such as driver logs, maintenance records, and black box data, must be preserved promptly before it is lost or destroyed.
By hiring a truck accident lawyer early, you ensure that critical evidence is secured and that your rights are protected from day one.
Filing a Lawsuit: What Florida Law Says
You generally have two years from the date of the truck accident to file a personal injury lawsuit. However, this timeline may be shorter or more complex if:
- The accident involved a government entity
- The accident resulted in a fatality, triggering a wrongful death claim (two-year statute of limitations)
You must also meet Florida’s serious injury threshold to file a lawsuit for non-economic damages such as pain and suffering. This includes:
- Permanent injury
- Significant disfigurement or scarring
- Permanent loss of bodily function
- Death
Damages You May Be Entitled To
If you file a successful truck accident lawsuit in Florida, you may be able to recover:
- Medical expenses (past and future)
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Property damage
- Wrongful death damages, where applicable
At Boatman Ricci, we work with accident reconstructionists, medical experts, and financial professionals to ensure every client receives a full and fair accounting of their losses.
Let Boatman Ricci Fight for You
At Boatman Ricci, we understand the devastating impact of truck accidents and the uphill battle many victims face when dealing with large trucking companies and insurers. Our experienced legal team is equipped to handle every aspect of your case—from evidence collection to negotiations to trial.
We proudly serve clients throughout Naples, Fort Myers, and Florida, and we are committed to holding negligent parties accountable and helping you recover the compensation you deserve.
Schedule Your Free Consultation
If you or a loved one has been injured in a truck accident, don’t delay. Contact us today for a confidential, no-obligation consultation.