If you’ve lost a loved one in a fatal truck accident, speaking with a wrongful death lawyer should be a top priority. In Florida, these tragic cases are especially complex because they often involve not only state wrongful death laws but also federal trucking regulations. These federal rules, issued by the Federal Motor Carrier Safety Administration (FMCSA), are critical in determining liability when commercial vehicles are involved in deadly crashes.
Understanding how these federal regulations interact with Florida wrongful death statutes can make a major difference in the outcome of your case.
What Is a Wrongful Death Claim in Florida?
Under Florida Statutes § 768.16–768.26, a wrongful death claim can be filed when someone dies as a result of another party’s negligence, misconduct, or wrongful act. In trucking cases, possible defendants might include the driver, the trucking company, cargo loaders, or even a manufacturer of faulty equipment.
The personal representative of the deceased’s estate—usually a close family member—has the legal authority to bring a wrongful death claim on behalf of surviving family members. Damages can include loss of companionship, emotional pain and suffering, lost wages, funeral expenses, and more.
Federal Trucking Regulations and Why They Matter
Federal trucking regulations are designed to prevent accidents by enforcing safe practices across the industry. When these rules are broken, it can indicate clear negligence, which is crucial in building a strong wrongful death case in Florida.
1. Hours of Service (HOS) and Driver Fatigue
Florida highways are home to heavy truck traffic, particularly along I-95, I-75, and I-10. Federal rules strictly limit the number of hours a truck driver can operate without rest. Violations of these Hours of Service (HOS) rules can lead to devastating fatigue-related crashes.
Florida Impact: Evidence of HOS violations—often available through electronic logging devices—can be used to establish negligence in a Florida wrongful death lawsuit.
2. Truck Maintenance Failures
Under FMCSA regulations, commercial trucks must undergo regular inspections and maintenance. Failing brakes, worn tires, or steering problems can lead to catastrophic failures on the road.
Florida Impact: If a trucking company operating in Florida ignored required maintenance, it could be held liable under both federal rules and Florida wrongful death laws.
3. Unqualified or Negligently Hired Drivers
Florida law recognizes employer liability for negligent hiring or supervision. If a trucking company failed to ensure its driver was properly trained, licensed, and tested for drugs or alcohol, this can bolster a wrongful death claim.
Federal regulations require trucking companies to keep records proving their drivers are qualified—these can be used in court.
4. Improper Cargo Loading and Securement
Improperly loaded trucks can shift weight, causing rollovers or jackknifing accidents. Florida sees its share of these crashes, especially on busy shipping routes heading to ports in Jacksonville, Tampa, and Miami.
Florida Impact: Federal cargo securement rules can help pinpoint liability for third parties, such as loading companies.
5. Recordkeeping Violations and Spoliation of Evidence
Trucking companies must retain driver logs, inspection reports, and communication data. Failure to preserve these records after a fatal crash in Florida can lead to claims of spoliation of evidence, further supporting a wrongful death case.
Proving Negligence Using Federal Rules
In Florida, proving negligence requires showing that the defendant breached a duty of care and caused the death. Violations of FMCSA regulations can serve as powerful evidence of negligence per se—where the mere act of breaking a safety law may automatically establish liability.
Don’t Wait—Florida Has a Strict Filing Deadline
Florida’s statute of limitations for wrongful death claims is generally two years from the date of death. Waiting too long can mean losing your right to file altogether. Preserving evidence early—especially federally required truck records—is key.
Federal trucking regulations are more than just bureaucratic rules—they are critical safety standards. When those rules are violated and a life is lost on a Florida highway, surviving family members deserve answers, accountability, and justice. A knowledgeable wrongful death lawyer can help you hold negligent parties responsible and recover the compensation your family needs to move forward.