A truck hit me in Hialeah. Is that different from a car accident?
Yes. A crash with a commercial truck in Hialeah is different from a car crash in three ways: federal safety rules (49 C.F.R. Parts 390–399) govern the driver and the trucking company, the insurance policies are far larger (federal minimums start at $750,000 for interstate carriers), and critical evidence such as driver logs, dash-cam video, and the truck's electronic data can be overwritten within days unless a preservation letter is sent.
Wolfson & Leon has represented people injured by commercial trucks in Miami-Dade County since 1963. The consultation is free, in English or Spanish, and there is no fee unless the firm recovers money for you.
Who is responsible when a commercial truck causes a crash?
Often more than one party. The driver may have been speeding, distracted, or over hours. The trucking company may have hired a driver with a bad record, skipped inspections, or pushed unrealistic delivery schedules. A freight broker or shipper may have loaded the trailer improperly. A maintenance contractor may have failed a brake job. Each of these parties usually has its own insurance policy, and each is a separate defendant.
Florida law also allows a claim against the truck owner under the dangerous instrumentality doctrine even if the owner was not driving. That matters in Hialeah, where many trucks are leased or owned by a different company than the one whose name is on the door.
What evidence disappears after a truck crash, and how fast?
Under federal hours-of-service rules, a carrier must keep electronic logging device records for six months (49 C.F.R. § 395.8), but dash-cam footage and event data recorder downloads are routinely overwritten in days or weeks. Wolfson & Leon sends a written spoliation (preservation) letter to the carrier and its insurer as soon as it is retained, demanding that logs, video, dispatch records, maintenance files, drug and alcohol test results, and the driver's qualification file be preserved. Waiting a month to call a lawyer can mean that evidence is gone.
Which federal trucking rules matter most in an injury case?
Florida adopts the Federal Motor Carrier Safety Regulations for commercial vehicles (Fla. Stat. § 316.302). The rules that most often decide a truck case are: hours of service (49 C.F.R. Part 395), which limits driving to 11 hours after 10 hours off duty; driver qualification files and medical certificates (Part 391); inspection, repair, and maintenance (Part 396); and drug and alcohol testing (Part 382). A violation of one of these rules is strong evidence of negligence.
Where do truck crashes happen around Hialeah?
Hialeah sits between the Medley warehouse district, the Hialeah rail yard, and the Miami-Dade industrial corridor along NW 74th and NW 58th Streets. Okeechobee Road (US 27) carries semis all day between Medley and the Palmetto Expressway. W 84th St, W 20th Ave, and NW 103rd St see box trucks and dump trucks from construction and distribution centers. Crashes at the Palmetto interchanges and at rail crossings are common. Wolfson & Leon uses the crash location to identify cameras, witnesses, and the specific company whose trucks run that route.
How much insurance does a truck have to carry?
Interstate carriers hauling general freight must carry at least $750,000 in liability coverage; hazardous materials carriers must carry $1,000,000 to $5,000,000 (49 C.F.R. § 387.9). Many carriers carry more. That is very different from a Florida car, which is not required to carry any bodily injury coverage at all. It also means the insurer will assign an adjuster and often an attorney within hours of the crash. You should have someone on your side just as quickly.
What compensation can I recover after a truck accident?
The categories are the same as any Florida crash: medical bills, lost income and earning capacity, and, for a permanent injury, pain and suffering. What differs is scale and sources. Truck crashes produce more serious injuries, and the responsible parties, the driver, the carrier, the owner of the tractor or trailer, the broker, the maintenance company, each usually carry separate policies, with federal minimums starting at $750,000 for interstate freight (49 C.F.R. § 387.9). Wolfson & Leon identifies every party and every policy before valuing the claim, because a case evaluated against one policy when three apply is undervalued from the start.
What mistakes hurt a truck accident claim?
- Waiting to call a lawyer. Dash-cam video and electronic data can be overwritten in days; a preservation letter has to go out in the first two weeks.
- Talking to the carrier's rapid-response adjuster at the scene or the next day. They are there to build the company's defense.
- Letting your own car be repaired or scrapped before it is photographed and, in a serious case, inspected.
- Assuming the name on the door is the defendant. The driver, the tractor, the trailer, and the load may all belong to different companies.
- Settling with one party without knowing whether that release affects the claims against the others.
Key facts
- Interstate general-freight carriers must carry at least $750,000 in liability insurance. Source: 49 C.F.R. § 387.9
- A truck driver may drive at most 11 hours after 10 consecutive hours off duty. Source: 49 C.F.R. § 395.3
- Carriers must keep electronic driver logs for six months. Source: 49 C.F.R. § 395.8(k)
- Florida adopts the federal motor carrier safety rules for commercial vehicles operating in the state. Source: Fla. Stat. § 316.302
- Two years to file a negligence lawsuit for crashes on or after March 24, 2023. Source: Fla. Stat. § 95.11
- If you are more than 50% at fault, you recover nothing. Source: Fla. Stat. § 768.81(6)
Frequently asked questions
The trucking company's insurance already offered me money. Should I take it?
Not before you know the full extent of your injuries and the coverage available. Early offers in truck cases are usually a fraction of what a case is worth after the medical picture is clear. Once you sign a release, the claim is over. A free consultation costs nothing and lets you compare.
Does it matter if the truck was from out of state?
It can. Interstate carriers are subject to federal regulations and federal insurance minimums, and the case may be filed in federal court in Miami. Wolfson & Leon handles cases in Florida state and federal courts.
What if the truck driver was an independent contractor?
The carrier can still be responsible. Under federal leasing rules and Florida law, the company whose USDOT number is on the truck generally answers for the driver's negligence while the truck is being operated under its authority.
How long does a truck accident case take?
Longer than a typical car case, usually one to three years if a lawsuit is filed, because there are more defendants, more evidence, and more insurance money at stake. Wolfson & Leon tells you at the start what to expect and keeps you informed as it moves.
What happens when you call
A person answers, not a recording
Call (305) 285-7071 any time. A person from the firm picks up, in Spanish if you prefer. If it is the middle of the night, we take your details and an attorney calls first thing.
We ask what happened, about 15 minutes
When and where it was, whether you were treated, whether there is a police report, and whether an insurer has already called you. You do not need papers in front of you.
We tell you honestly whether we can help
If you have a case we can take, we explain the next steps and what not to do in the meantime. If you do not, we tell you that too, and who else to call.
If you hire us, you pay nothing up front
The fee is a percentage of what is recovered, explained in writing before you sign. If we recover nothing, you owe no fee. We can come to your home or the hospital if you cannot get to the office.
