How Is Fault Determined in a Truck Accident in Florida?

How Is Fault Determined in a Truck Accident in Florida?
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Fault is determined in a truck accident in Florida by considering all the evidence before identifying who’s responsible. Photographs of the accident scene, eyewitness accounts, and other types of evidence may help parties determine who caused the truck accident.

You do not have to prove fault for your truck accident. Instead, you can hire a Florida truck accident lawyer from our team to prove who caused your accident. We will not only work to prove fault but also fight to secure a fair financial recovery for you

How Your Truck Accident Lawyer May Prove Fault for Your Collision in Florida

The evidence will ultimately prove who caused your truck accident. Therefore, our attorneys and investigators will secure all useful forms of evidence, including:

  • Electronic data from the truck: Industrial trucks contain data centers called “black boxes.” These computers contain critical information about the truck’s movements and may include relevant data to your case. Your lawyer will secure all relevant information from the truck’s black box.
  • Records from the trucking company: A trucking company’s records can be relevant to a claim or lawsuit. For example, logs may show that truck drivers operated their vehicles beyond hours-of-service regulations. This would be a violation of industry regulations and help prove your case.  
  • Eyewitness testimony: Witnesses can help establish how a truck accident happened. These accounts are most reliable when a witness has no apparent bias, a clear vantage point, and can explain their account coherently.
  • Video: Video footage of a truck accident can be very helpful in proving fault. This footage may come from dash cameras, security cameras, or other sources.
  • Photographs: Photographs of an accident scene, vehicle damage, or both can help show how a truck accident occurred. 
  • Reconstructions of the accident: An expert may create a digital or physical reconstruction of a collision using witness accounts and other evidence.

Evidence is unique to each accident. Our truck accident attorneys use evidence checklists when investigating truck collisions. These checklists ensure that we account for every piece of evidence that could benefit our client’s case.

Securing Evidence From Trucking Companies Is a Challenge We’re Familiar With

Truck accident lawyers often run into a challenge. The lawyer must obtain evidence from the trucking company but is seeking maximum compensation from the very same company (or its auto insurance provider). 

We expect to face resistance when seeking evidence from a trucking company, but this is a challenge we have overcome many times. We will:

  • Work promptly to ensure the trucking company cannot dispose of or damage useful evidence
  • File a letter of spoliation, which requires the trucking company to preserve any evidence that could be useful to your case
  • Work with experts to secure and analyze all evidence that could be useful to your lawsuit or claim

Because we have represented truck accident victims for more than 40 years, we have dealt with trucking companies on many occasions. This experience prepares us to lead your truck accident case in Florida. 

To consult with an experienced personal injury lawyer today, call 855-780-9986

Who Ultimately Determines Fault for a Trucking Accident?

Multiple parties need to determine fault in a truck accident case, including:

Truck Accident Lawyers

If you hire our firm, we will determine who is at fault for your truck accident. Even if you are partially at fault for the collision, you still deserve fair compensation based on your share of the fault. 

We may more likely find someone else, such as a negligent driver, is responsible for your accident. We will secure all available evidence and work to prove that party’s fault. 

Insurance Companies

Insurance companies will also determine who is at fault for your truck accident in Florida. Insurance companies have clear financial motives, which could:

  • Lead the insurer to accuse a specific party (possibly you) of causing the truck accident 
  • Lead the insurance company to give greater weight to evidence that fits its agenda
  • Require your lawyer to remove all doubt about who is at fault for the accident

When you hire a truck accident lawyer from our firm, we will deal with insurance companies for you. Florida is a no-fault insurance state, so most drivers must have personal injury protection (PIP) coverage. We will review your insurance coverage limits to determine what medical and income benefits you can recover.


If your case goes to trial, a jury will ultimately determine who is at fault for the truck accident. The jury may award you compensation if it determines someone else caused your accident-related damages.

Each of these parties has different motivations and goals. You must prove fault beyond a doubt, and a truck accident lawyer from our team will work to do that for you.

Why Is It Important to Prove Fault in a Florida Truck Accident?

Even though Florida is a no-fault insurance state (meaning everyone’s insurance company provides some compensation), fault can determine:

  • Whether you can file an insurance claim with the at-fault motorist’s insurer
  • Whether you can file a lawsuit against at-fault parties
  • How much compensation you are entitled to receive

Our lawyers will use all available evidence to help prove who caused your accident.

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Once a Personal Injury Lawyer Proves Fault, They’ll Demand Compensation for You

Once we prove who’s responsible for the trucking accident, we will demand the compensation you deserve for:

  • Vehicle repairs
  • Lost income
  • Diminished earning power
  • Pain and suffering
  • Medical expenses
  • Mental health treatment
  • Any other damages resulting from the crash

Our Florida wrongful death lawyers assist loved ones who have lost a family member to a fatal truck accident. In these cases, we can seek compensation for:

  • Grief and other pain and suffering
  • Grief counseling and any other treatment you receive
  • Loss of consortium
  • Loss of companionship
  • Loss of the decedent’s financial support
  • Loss of the decedent’s household contributions
  • Any other economic or non-economic damages resulting from the fatal truck accident

Don’t fight for justice alone. Allow the team at Bogin, Munns & Munns to lead you through this difficult time.

Submit a Consultation Request form today

Call Us Today for a Free Consultation About a Florida Truck Accident

There is no time to waste after a truck accident. Per Florida Statutes § 95.11, the state’s statute of limitations, injured parties generally have two years to pursue damages. Your lawyer will have a brief time to file your case, so waiting any longer could be a financially catastrophic decision. We are always available, so reach out today.

Call Bogin, Munns & Munns today for a free, confidential consultation about working with a Florida truck accident lawyer on your case. We will work to obtain a favorable settlement that helps you rebuild your life after a life-changing collision.

Call or text 855-780-9986 or submit our Consultation Request form today



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