After being in a truck accident, you deal with medical bills, missed wages, and physical pain. The situation worsens when the trucking company jois in through its insurance adjusters or legal representatives and claims the accident was your fault.
Know this: being blamed by a trucking company is not the same as being legally responsible. In Florida, a fault claim made by the other party is not a final verdict. Understanding your rights under current Florida law and acting quickly to protect them can make the difference between full compensation and a compromised settlement. At Abercrombie, P.A., our experienced truck accident lawyer Winter Park fights back against these tactics every day, and we’re here to help you do the same.
Why Do Trucking Companies Blame Victims?
After a serious crash, trucking companies often shift blame onto victims to protect the company’s finances. Adjusters may blame you for unsafe lane changes, following too closely, speeding, or being distracted. They’ll scrutinize your recorded statements and social media for anything useful, and may offer a quick, low settlement before you retain an attorney.
This strategy has become more powerful since Florida’s 2023 tort reform, giving insurers an even stronger incentive to push blame onto victims.
According to Florida Law, You May Still Have a Valid Claim
Florida’s HB 837 (signed March 24, 2023) changed the state’s negligence standard from pure comparative negligence to modified comparative negligence, codified under Florida Statute §768.81:
- If you’re found 50% or less at fault, you can still recover; your fault percentage simply reduces your award. (Example: 25% at fault on $200,000 in damages = $150,000 recovery.)
- If you’re found more than 50% at fault, you’re barred from recovery entirely. This is exactly why trucking companies invest heavily in blame-shifting.
| Your Fault | Can You Recover Compensation? | Amount You Can Receive |
|---|---|---|
| 50% or Less | Yes | Your compensation is reduced by your percentage of fault. Example: 25% at fault on $200,000 in damages = $150,000 recovery. |
| More Than 50% | No | You cannot recover any compensation. |
This is why having an attorney present independent evidence of the truck’s fault before the other side’s narrative takes hold is critical.
In addition, under Florida Statute §95.11(4)(a), the limitation period for personal injury claims in a Winter Park injury lawsuit has changed from four (4) years to (2) years as of March 24th, 2023, for all incidents of personal injury after this date. Time is already ticking.
Evidence That Says the Truth
Whoever collects the evidence first in a truck accident case will most likely determine the outcome. An experienced truck accident lawyer Winter Park will collect and preserve the following items immediately:
- Electronic Logging Devices (ELD) – Devices mandated by the FMCSA that track the amount of time the truck has been driven, the period of time the truck has rested, and the speed of the truck. These will show whether the truck driver violated the “hours of service” rules or was fatigued while driving.
- Black Box / Event Data Recorder (EDR) – Captures pre-crash speed, braking, steering, and engine performance, which can directly contradict the trucking company’s account.
- Driver Qualification Files & HOS Logs – Required under 49 CFR Part 395; can reveal a history of safety violations or a company culture of pushing drivers past legal limits.
- Maintenance and Inspection Records – Brake failures, tire blowouts, or lighting defects are often traceable to neglected maintenance.
- Dashcam and Surveillance Footage – From the truck’s cameras, nearby businesses, or traffic systems, footage that can be overwritten quickly if not secured fast.
| Evidence | What It Shows |
|---|---|
| Electronic Logging Devices (ELD) | Tracks driving time, rest time, and speed. Shows if the truck driver broke the hours of service rules or was driving while tired. |
| Black Box / Event Data Recorder (EDR) | Records speed, braking, steering, and engine performance before the crash. Can prove what really happened. |
| Driver Qualification Files & HOS Logs | Shows the driver’s safety history and whether the company pushed drivers beyond legal driving limits. |
| Maintenance and Inspection Records | Shows if poor maintenance caused problems like brake failure, tire blowouts, or lighting defects. |
| Dashcam and Surveillance Footage | Video from the truck, nearby businesses, or traffic cameras that shows how the crash happened before it is deleted. |
When an attorney at Abercrombie, P.A. takes your case, one of our first steps is to issue a spoliation letter demanding the preservation of all crash-related evidence, with legal consequences for any destruction or alteration.
Critical Mistakes to Avoid When Blamed
- The trucking company’s insurance adjusters attempt to obtain an admission of fault or to get you to say something inconsistent with what you say later. You do not have to give a recorded statement before speaking with a personal injury lawyer Winter Park.
- Do not accept a quick settlement offer because these offers are typically far less than the actual value of your claim. If you sign a release after accepting the quick settlement offer, you can never seek additional compensation for your injuries later on, even if they turn out to be worse than what you expected.
- Do not delay your medical care or fail to follow through with treatment appointments. When you don’t follow up regularly with your doctors, defense lawyers will use those gaps in treatment history to argue that your injuries were not serious and/or were not caused by the accident.
- Do not discuss the accident or your injuries on social media. Even if the post is taken out of context, defense lawyers may attempt to use it against you and argue that you are not as badly injured as you claim to be.
| Mistake to Avoid | What Can Happen |
|---|---|
| Giving a recorded statement before speaking with a personal injury lawyer Winter Park | Insurance adjusters may try to get you to admit fault or make statements that can be used against you later. |
| Accepting a quick settlement offer | You may receive much less than your claim is worth, and once you sign a release, you cannot seek more compensation later. |
| Delaying medical care or missing treatment appointments | Defense lawyers may argue that your injuries were not serious or were not caused by the accident. |
| Posting about the accident or your injuries on social media | Defense lawyers may use your posts against you to claim your injuries are not as serious as you say. |
Depending on the accident, you may have more than one source of liability for your truck accident damages. Potentially liable parties could include:
- The trucking company: liability can be established through the principle of respondeat superior for the driver’s actions, or directly due to negligent hiring, lack of proper training, and/or safety violations in attempts to meet deadlines.
- Third-party cargo loaders – improper loading or unsecured cargo may contribute to the crash.
- Maintenance contractors – a mechanical failure traceable to their work may cause or worsen the crash.
- Manufacturers – in cases involving defective trucks or components.
Under Florida’s pure several liability system §768.81(3), each defendant is liable only for their proportionate share of fault, making it essential to identify every liable party.
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We Fight Back on Your Behalf
Each time you file a truck accident claim, there is a person experiencing pain, financial burden, and uncertainty in their lives. We provide all the resources and courtroom tactics needed to fight the trucking company successfully and/or its insurer.
We act immediately: issuing spoliation letters, retaining accident reconstruction experts, reviewing FMCSA compliance records, and building the liability case. Our truck accident lawyer Winter Park handles everything from investigation through negotiation and trial so you can focus on recovery.
We handle all Florida personal injury cases on a contingency fee basis. You pay no attorney’s fees unless we win.