Truck Accident Lawyer
A collision with a commercial truck is nothing like a fender-bender between two passenger cars. The size and weight of an 18-wheeler mean the damage — and the injuries — are often catastrophic. Victims can face broken bones, spinal injuries, and traumatic brain injuries (TBI) that require months or years of recovery. Some do not survive.
Eric A. Hernandez is a former Assistant U.S. Attorney for the Southern District of Florida with more than 25 years of trial experience. He knows how to go up against the large insurance companies and corporate defense firms that stand behind trucking companies. At HLM Injury Lawyers, Eric handles truck accident cases with the depth they require — from preserving critical electronic evidence to pursuing every liable party.
If you or a family member were hurt in a truck accident on I-95, the Florida Turnpike, US-441, Sample Road, or anywhere else in Broward County, call us at (305) 842-2100. Consultations are free, and you pay no fee unless we win.
Common Causes of Truck Accidents in South Florida
Truck crashes rarely happen for one reason. Most come down to a combination of human error, regulatory violations, or equipment failures:
- Driver fatigue. Federal rules limit how many hours a truck driver can operate before resting. When drivers or trucking companies push past those limits — or falsify logbooks — fatigued driving becomes a serious hazard.
- Hours-of-service violations. The Federal Motor Carrier Safety Administration (FMCSA) sets strict rules for commercial drivers. Violations can be documented through electronic logging devices and driver records.
- Distracted driving. Texting, adjusting a GPS, or eating while operating an 80,000-pound vehicle dramatically increases stopping distance and reaction time.
- Improper loading. Cargo that is overloaded, unevenly distributed, or not properly secured can shift during transit, causing the driver to lose control or the load to spill onto the roadway.
- Speeding and aggressive driving. Commercial trucks need far more distance to stop than passenger vehicles. Drivers who speed — especially on I-95 or the Turnpike — put everyone around them at risk.
- Poor vehicle maintenance. Brake failures, blown tires, and lighting defects are common when trucking companies cut corners on maintenance.
- Inadequate driver training. A driver unprepared for South Florida traffic, construction zones, and highway interchanges is a danger to everyone on the road.
Common Injuries in Truck Accidents
Because of the weight disparity between a commercial truck and a passenger vehicle, injuries tend to be severe. Common injuries include:
- Traumatic brain injury (TBI). The violent force of impact can cause TBIs ranging from concussions to permanent cognitive impairment.
- Spinal cord injuries. Damage to the spine can result in chronic pain, limited mobility, or paralysis.
- Broken bones. Multiple fractures — to the pelvis, ribs, arms, and legs — are common in high-force truck collisions and often require surgery.
- Internal organ damage. Blunt force trauma can rupture internal organs and cause life-threatening bleeding that is not immediately visible.
- Crush injuries and amputations. When a vehicle is pinned under a trailer, crush injuries and limb amputations can occur.
- Wrongful death. Many truck accidents are fatal. If you lost a family member in a truck crash, HLM Injury Lawyers handles wrongful death claims as well.
What to Do After a Truck Accident in Florida
Step 1 — Call 911 immediately. Get police and emergency responders to the scene. The police report is critical evidence.
Step 2 — Seek medical attention right away. Some serious injuries — including TBIs and internal bleeding — are not immediately obvious. Your medical records become foundational evidence.
Step 3 — Photograph and document everything. Take photos of the vehicles, the road, your injuries, skid marks, and debris. Get witness names and contact information.
Step 4 — Do not give recorded statements. Trucking company representatives and their insurers may contact you quickly. Do not speak with them until you have legal representation.
Step 5 — Preserve the black box. Event data recorders and electronic logging devices capture speed, braking, and other data — and that evidence can be overwritten quickly. An attorney can send a legal preservation demand immediately.
Step 6 — Contact HLM Injury Lawyers. Call (305) 842-2100 as soon as possible. Early involvement lets us secure evidence and identify all liable parties.
Florida Law and Federal Regulations in Truck Accident Cases
FMCSA regulations. The Federal Motor Carrier Safety Administration sets rules covering driver qualifications, hours of service, vehicle maintenance, and cargo securement. Violations of these rules become powerful evidence of negligence when a crash occurs.
Multiple liable parties. A truck crash may involve several responsible parties — the driver, the trucking company, the cargo loader, and even the vehicle manufacturer. Identifying all of them requires thorough investigation.
Electronic data. Event data recorders and electronic logging devices can confirm or contradict a driver’s account. This data can be overwritten quickly if not preserved — another reason early legal involvement matters.
Modified comparative negligence. If you are found 51% or more at fault, you cannot recover. Below that threshold — including when you are exactly 50% at fault — you can still recover, with your damages reduced by your percentage of fault.
Florida’s 2-Year Deadline — Do Not Wait
Under Florida’s 2023 tort reform law (HB 837), the statute of limitations for negligence claims is two years from the date of the accident — reduced from the prior four-year period. Miss this deadline and you almost certainly lose the right to file a lawsuit and recover any compensation.
Critical evidence — black box data, surveillance footage, driver logs — can disappear within days or weeks of the crash. Call HLM Injury Lawyers at (305) 842-2100 now. The consultation is free, and you owe nothing unless we recover for you.
Why Hire Eric Hernandez for Your Truck Accident Case
- Former federal prosecutor. Eric A. Hernandez served as an Assistant U.S. Attorney for the Southern District of Florida. He has the courtroom experience to take on large trucking companies and their insurers.
- Judicial clerkship at the highest level. Eric clerked for Chief Justice Charles T. Wells of the Florida Supreme Court — experience that sharpens his understanding of how courts evaluate complex cases.
- 25+ years of trial experience. Truck accident cases often require trial-ready preparation. Eric has the track record to take your case to trial if a fair settlement is not offered.
- Admitted to the U.S. Supreme Court Bar.
- Bilingual — English and Spanish. Eric serves the full South Florida community. If Spanish is your preferred language, he will communicate with you directly.
Frequently Asked Questions
Who can be held liable in a truck accident?
Liability can extend beyond the driver. Potentially responsible parties include the trucking company (for negligent hiring, training, or supervision), the cargo loading company, the vehicle or parts manufacturer, and others. A thorough investigation is necessary to identify every responsible party.
What is the FMCSA, and why does it matter to my case?
The Federal Motor Carrier Safety Administration is the federal agency that regulates commercial trucking — covering driver qualifications, rest requirements, maintenance, and cargo securement. When carriers or drivers violate FMCSA rules and those violations contribute to a crash, they become powerful evidence of negligence.
What evidence matters most in a truck accident case?
Key evidence includes the truck’s electronic logging device data, the event data recorder, driver logs, maintenance records, cargo manifests, surveillance footage, police reports, and witness statements. Much of this can disappear quickly, which is why contacting an attorney immediately matters.
How long do I have to file a truck accident lawsuit in Florida?
Two years from the date of the accident. Do not wait — evidence gets lost and memories fade. Contact HLM Injury Lawyers as soon as possible.
What if the truck driver was an independent contractor?
Trucking companies sometimes try to avoid liability by classifying drivers as independent contractors. But Florida courts look at the actual relationship between the driver and the company. In many cases, the trucking company can still be held liable even when the driver is labeled a contractor — and Eric is well-equipped to make that argument.
Why are truck accident cases more complex than car accident cases?
Truck cases involve federal regulations, multiple potential defendants, specialized evidence like black box data, and insurance policies with much higher limits — which is why insurers defend them aggressively. They require an attorney with the experience to handle that complexity from day one.
Contact HLM Injury Lawyers — Free Consultation
Do not face the trucking company and their legal team alone. Eric A. Hernandez has spent decades fighting for injured people against powerful opponents — and he is ready to fight for you. Call HLM Injury Lawyers at (305) 842-2100 or visit us at 3301 N. University Dr., Suite 100, Coral Springs, FL 33065. Your consultation is free, and you pay nothing unless we win.