Commercial trucking cases. Federal regulation, higher coverage, and time-sensitive evidence. The case has to be worked differently from day one.
Call 904-383-7448Reviewed by Graham W. Syfert, Esq., Florida Bar No. 39104. Last updated .
Trucking cases are not big car cases. The Federal Motor Carrier Safety Regulations (49 CFR Parts 350-399) impose duties that have no analog in passenger-vehicle law. Hours-of-service rules limit driving time. ELD data records every minute behind the wheel. Multiple defendants can be liable: the driver, the motor carrier, the broker, the shipper, the maintenance contractor. Coverage is typically much higher than passenger cases (federal minimum $750,000 for general freight, often millions in practice).
Florida law applies to negligence and damages, with the same two-year SOL under section 95.11(4)(a) and 51 percent comparative fault under section 768.81. The trucking-specific regulation is what changes the workup.
The FMCSR cover driver qualification, hours of service, vehicle inspection, drug and alcohol testing, accident registers, and dozens of other duties.
Property-carrying drivers may drive a maximum of 11 hours after 10 consecutive hours off duty. They may not drive after the 14th hour after coming on duty. Weekly limits cap on-duty time at 60 hours over 7 days or 70 hours over 8 days. Violations are common in fatigue-related crashes.
Motor carriers must obtain and maintain driver qualification files including medical certification, driving record reviews, and prior employer checks. Hiring an unqualified driver can be negligent hiring.
Carriers must systematically inspect, repair, and maintain commercial vehicles. Pre-trip and post-trip inspection records can establish notice of defects.
Pre-employment, post-accident, random, reasonable suspicion, and return-to-duty testing required. Post-accident testing is often the first place to look in a serious-injury crash.
Electronic Logging Devices have been required since 2017 for most commercial motor vehicles. ELDs record driving time, engine status, GPS location, and duty status. Carriers must retain ELD data for six months under the regulations, but devices may overwrite older data on a rolling basis. Send a litigation hold letter within days of the crash.
Many fleets run forward-facing and driver-facing cameras. Footage often overwrites within 30 to 90 days. The litigation hold letter must specifically demand preservation.
Modern truck ECMs record speed, throttle position, brake application, and other parameters in the seconds before a crash. The ECM data can be downloaded by a qualified technician but may be lost if the vehicle is repaired or scrapped.
Carriers maintain DQ files under 49 CFR Part 391. Demand the file early. Look for missing medical certifications, falsified prior employer checks, and gaps that could establish negligent hiring.
Sorting out which defendants belong on the verdict form is part of the workup. Section 768.81 apportionment to non-parties (the Fabre rule) means missed defendants get fault shifted to them. Identify them all early.
Florida sections 316.302 (commercial motor vehicle equipment requirements) and 316.515 (vehicle dimensions and weight limits) overlay the federal scheme. State enforcement runs through Florida Highway Patrol's commercial vehicle enforcement.
Florida also has separate rules for school buses, common carriers of passengers, and hazardous materials transport. Each adds duties and potential liability theories.
Send the litigation hold letter on day one. Specify ELD data, dashcam footage, ECM data, driver qualification file, post-accident drug and alcohol test results, dispatch records, hours-of-service logs, and the accident register. Send by certified mail and email. Cite the spoliation case law.
Get an accident reconstructionist to the scene and the vehicles before the carrier's expert does. Skid marks fade. Vehicles get released. The window is short.
Treat punitive damages as a real possibility in serious trucking cases. Section 768.72 requires a pleading showing of intentional misconduct or gross negligence. Hours-of-service violations, falsified logs, and pattern-of-conduct evidence often support the showing.
Federal regulation under 49 CFR Parts 350-399, much higher commercial insurance limits, multiple defendants, and time-sensitive evidence (ELD, dashcam, ECM, DQ file).
Federal minimums vary by cargo: $750,000 for general freight, $1 million to $5 million for hazardous materials. Most major carriers carry well above the minimum.
An Electronic Logging Device. Records driving time, on-duty time, and off-duty time. Required since 2017 for most commercial motor vehicles.
Two years for negligence claims accruing on or after March 24, 2023. Section 95.11(4)(a). File a litigation hold letter early to preserve ELD and dashcam data.
Trucking cases are time-sensitive. The longer you wait, the more evidence disappears. Call.
Call: 904-383-7448