What to Do After a Truck Accident in Florida
A crash with a semi or delivery truck isn’t just a bigger car accident. The evidence is different, federal safety rules often apply, and trucking companies only have to keep some of the most important records for months.
Written by the Hughes & Barnard Law Firm, P.A. marketing team·Prepared for review by Attorney Howard M. Hughes·Attorney review pending·9 min read
The short answer
Call 911 and get medical care. If it’s safe, photograph the truck, especially its USDOT number, company name, and trailer number, and collect witness contact information. Don’t give a statement to the trucking company’s insurer before you get advice. Then move quickly to preserve evidence: federal rules require motor carriers to keep drivers’ hours-of-service records for only six months, and no federal rule requires carriers to keep dashcam video at all.
In this article
What to do first at the scene of a truck accident
Your safety comes first. If you can move and it’s safe to stay at the scene, these steps protect your health and preserve the evidence that matters most in a truck case:
Truck identifiers worth photographing
Cab: carrier name and USDOT number
Look on both sides of the power unit, then record exactly what is displayed.
Trailer: unit number and plate
The trailer’s owner can also differ from the company operating the tractor.
Hazardous-material placards
Photograph any placard from a safe distance; however, not every truck carries one.
Photograph only when safe. Do not enter traffic, approach a hazardous load, or delay medical care.
Why truck accident evidence disappears
Commercial trucks generate records that ordinary cars don’t: electronic hours-of-service logs, inspection reports, maintenance files, and drug and alcohol test results. Federal regulations require motor carriers to keep many of these records, but only for set periods, and some of those periods are short.
| Record | What it can show | Federal minimum retention |
|---|---|---|
| Hours-of-service logs (ELD records) and supporting documents | How long the driver had been driving and on duty | 6 months |
| Driver vehicle inspection reports | Defects the driver reported | 3 months |
| Inspection, repair, and maintenance records | Brake, tire, and equipment history | 1 year, plus 6 months after the truck leaves the carrier’s control |
| Driver qualification file | Licensing, medical certification, and driving record | Length of employment plus 3 years; annual driving-record checks and medical certificates may be removed 3 years after they’re dated |
| Post-crash drug and alcohol test results, when testing is required | Whether the driver was impaired | 5 years for positive results; 1 year for negative results |
| Motor carrier accident register | The company’s prior reportable crashes | 3 years after each crash |
| Dashcam video and engine data | Speed, braking, and following distance | No federal retention rule; may be overwritten |
Why a preservation letter matters
Because these records can disappear, lawyers send a preservation letter (sometimes called a spoliation letter) to the trucking company early in a case. It puts the company on notice of a claim and asks it to keep logs, video, data, and the truck itself. Federal recordkeeping rules create some duties to keep these records, and when a party fails to keep evidence it had a duty to preserve, Florida courts can impose remedies. For electronic records such as video and logs, though, the strongest remedies, including telling the jury to presume the lost data was unfavorable, require proof that the party acted with the intent to deprive the other side of the evidence. Courts also don’t all agree on when a duty to preserve begins before anyone files a lawsuit, which is one more reason to send the letter early.
The federal safety rules that often matter
Interstate truck drivers must follow the Federal Motor Carrier Safety Administration’s hours-of-service rules, which limit how long a driver can drive and work before resting.
| Rule (property-carrying drivers) | Limit |
|---|---|
| Driving limit | 11 hours of driving after 10 consecutive hours off duty |
| On-duty window | No driving after the 14th hour after coming on duty |
| Required break | A 30-minute break after 8 cumulative hours of driving |
| Weekly limit | No driving after 60 hours on duty in 7 days, or after 70 hours in 8 days if the carrier operates every day |
| Restart | 34 or more consecutive hours off duty starts a new 7- or 8-day period |
Florida applies most of the federal safety rules to trucks that operate only within the state, but section 316.302 sets different hours for intrastate drivers who aren’t hauling placarded hazardous materials: up to 12 hours of driving after 10 hours off, no driving after the 16th hour after coming on duty, and no driving after 70 hours on duty in 7 days (80 hours in 8 days for carriers that operate every day). Smaller intrastate trucks are exempt from many of the rules. Fatigue, hours-of-service violations, poor maintenance, and impairment are all questions a truck crash investigation should answer, and each one points to records the company controls.
Medical care, PIP, and the 14-day rule
If you have Florida personal injury protection (PIP) coverage, it generally pays first for your initial medical bills and lost income, regardless of who caused the crash. PIP pays 80% of reasonable medical expenses and 60% of lost income, up to $10,000, and PIP limits medical benefits to $2,500 unless a qualified provider determines you had an emergency medical condition. Florida requires initial treatment within 14 days of the crash to use PIP medical benefits, which is one more reason to see a doctor right away. Our guide to Florida’s 14-day accident rule explains how it works.
Also keep every record: ER and urgent-care paperwork, follow-up appointments, prescriptions, and notes about pain and missed work. Gaps in treatment are something insurers point to when they argue an injury wasn’t serious.
Be careful with insurance calls
After a serious truck crash, you may hear from the trucking company or its insurer quickly. You don’t have to give the other side’s insurer a recorded statement, and the insurer can use anything you say to minimize your claim. Don’t sign medical authorizations or releases until you understand what they allow. Our article on what an insurance adjuster actually does explains why.
You should still notify your own insurer promptly, because most policies require it.
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Who may be responsible
A truck crash can involve more than one defendant. Depending on the facts, responsibility may extend to:
Many commercial trucks must also carry far more liability insurance than Florida requires of most passenger-car drivers. Under 49 CFR 387.9, for-hire interstate carriers hauling general freight in trucks over 10,000 pounds must carry at least $750,000, and the minimums rise to $1 million or $5 million for oil and hazardous materials. Identifying every responsible party and every policy early can make a real difference in a serious-injury case, and our guide on how a truck accident lawyer can help explains how that investigation works. Our Port St. Lucie truck accident lawyers handle these investigations.
How long you have to file
Most Florida truck accident lawsuits have a two-year filing deadline under section 95.11(5)(a), the deadline for negligence claims from crashes after March 24, 2023. For crashes on or before that date, the former four-year deadline generally applies, and the last ordinary deadlines under that rule generally fall in March 2027, subject to exceptions. A wrongful death claim has a two-year deadline, generally measured from the date of death, and claims involving a defective truck part or a government-owned vehicle follow different rules. The legal deadline isn’t the practical one, though. The logs, video, and vehicle data that prove a truck case can disappear long before two years pass.
Frequently asked questions
Should I call the police after a truck accident in Florida?
Yes. Florida law requires drivers to report any crash involving an injury or death, or apparent property damage of at least $2,000, to law enforcement, and the investigating officer must complete a long-form crash report when the crash involves a commercial motor vehicle. A police report also documents the truck, the company, and the witnesses while the details are fresh.
What is a USDOT number, and why does it matter?
It’s the identification number the Federal Motor Carrier Safety Administration assigns to a motor carrier. Trucks subject to federal safety rules must display the carrier’s name and USDOT number on both sides, and the number lets you look up the company’s registration and safety record in FMCSA’s public databases.
Can a trucking company throw away the driver’s logs?
After a while, yes. Federal rules only require carriers to keep hours-of-service records and supporting documents for six months, and driver inspection reports for three months. A preservation letter puts the company on notice that it should keep everything related to the crash.
Will my own PIP coverage pay after a truck accident?
Generally, yes, if you have Florida PIP. It pays 80% of reasonable medical bills and 60% of lost income, up to a combined $10,000. To use the medical benefits, you must get initial treatment within 14 days, and PIP limits medical benefits to $2,500 unless a qualified provider determines you had an emergency medical condition.
Is the truck driver or the trucking company responsible for the accident?
It can be both. The driver may be responsible for how they drove the truck, and the company may be responsible for the driver’s negligence and for its own safety, hiring, and maintenance practices. Other parties, such as a cargo loader or parts manufacturer, may also share responsibility.
How much insurance do commercial trucks carry?
Federal rules require for-hire interstate carriers hauling general freight in trucks rated at 10,001 pounds or more to carry at least $750,000 in liability coverage. Carriers hauling oil or many hazardous materials need $1 million, and certain hazardous materials require $5 million. Florida’s own minimums for heavy commercial trucks that operate only within the state range from $50,000 to $300,000, depending on weight. Many carriers carry more.
How long do I have to file a truck accident lawsuit in Florida?
Generally two years from the crash for negligence claims from crashes after March 24, 2023, and two years from the date of death for wrongful death claims. Crashes on or before March 24, 2023 generally have the former four-year deadline. Some claims, such as those against government entities or involving defective parts, follow different rules.
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Howard M. Hughes
Howard brings experience as an insurance adjuster and insurance-defense attorney to his work representing injured people. A member of The Florida Bar since 1995, he handles personal injury, wrongful death and premises liability matters.
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Cameron Barnard
Cameron began his legal career defending hospitals, doctors and insurance companies. He now represents injured individuals and families in catastrophic injury, wrongful death and other complex cases, including medical malpractice and nursing home abuse.
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This article provides general information about Florida law. It is not legal advice, and reading it does not create an attorney-client relationship. Every case depends on its own facts, and laws change, so speak with a lawyer about your situation. Prepared October 21, 2026. Attorney review is pending; confirm the law and deadlines for your situation.