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Brevard County 18-Wheeler Accident Attorneys: Attorney911 Delivers 25+ Years of Federal Courtroom Experience, $50+ Million Recovered for Trucking Victims, and the Insider Advantage of Former Insurance Defense Attorney Lupe Peña Who Knows Every Tactic Carriers Use Against You—FMCSA 49 CFR 390-399 Regulation Masters, Hours of Service Violation Hunters, Black Box and ELD Data Extraction Experts, Jackknife Rollover Underride Brake Failure Tire Blowout Cargo Spill and All Catastrophic Crash Types, Traumatic Brain Injury Spinal Cord Paralysis Amputation Burn Injury Internal Damage and Wrongful Death Specialists, Trucking Company Driver Manufacturer Maintenance Company and Freight Broker Accountability, Free 24/7 Consultation No Fee Unless We Win We Advance All Costs Same-Day Spoliation Letters 48-Hour Evidence Preservation Rapid Response Team Deployment 4.9 Star Google Rating 251 Reviews Legal Emergency Lawyers The Firm Insurers Fear Hablamos Español Federal Court Admitted Nationwide 18-Wheeler Representation Call 1-888-ATTY-911 Now

February 21, 2026 55 min read
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18-Wheeler & Trucking Accident Attorneys in Brevard County

When 80,000 Pounds Changes Everything

The impact was catastrophic. One moment you’re driving through Brevard County on your morning commute. The next, an 80,000-pound 18-wheeler has jackknifed across three lanes, or slammed into your vehicle from behind, or rolled over and spilled its cargo across the highway. In an instant, everything changes.

Every 16 minutes, someone in America is injured in a commercial truck crash. Over 5,000 people die annually in trucking accidents—and 76% of them were in the smaller vehicle. Brevard County’s position along Florida’s Space Coast, with its major highways, port facilities, and distribution centers, makes this region particularly vulnerable to catastrophic trucking accidents.

If you or a loved one has been seriously injured in an 18-wheeler accident in Brevard County, you need more than a lawyer—you need a fighter. You need someone who understands federal trucking regulations, who knows how to preserve critical evidence before it disappears, and who has the resources to take on Fortune 500 trucking companies and win.

That’s exactly what we do at Attorney911.

Why 18-Wheeler Accidents Are Different

The Physics of Devastation

Your car weighs approximately 4,000 pounds. A fully loaded 18-wheeler can weigh up to 80,000 pounds. That’s not a fair fight—it’s 20 times your vehicle’s mass bearing down on you.

The physics are brutal. An 80,000-pound truck traveling at 65 mph needs approximately 525 feet to stop—nearly two football fields. A car at the same speed needs about 300 feet. That 40% longer stopping distance means truck drivers cannot react to sudden hazards the way other drivers can.

When these vehicles collide, the energy transfer is catastrophic. The force of impact in a truck accident can be 80 times that of a car-to-car collision. This is why trucking accidents so often result in traumatic brain injuries, spinal cord damage, amputations, and death.

Why Trucking Companies Fight Harder

Trucking companies carry between $750,000 and $5 million in insurance coverage—far more than the $30,000 minimum for regular car accidents. This higher coverage means catastrophic injuries can actually be compensated, rather than leaving victims with unpaid medical bills and financial ruin.

But it also means trucking companies and their insurers fight harder to protect that money. They have rapid-response teams that arrive at accident scenes before the ambulance leaves. They have teams of lawyers working to minimize your claim. They have adjusters trained to get you to say things that hurt your case.

You need someone who fights back just as hard.

Meet Attorney911: Your Brevard County Trucking Accident Advocates

Ralph Manginello: 25+ Years Fighting for Victims

Ralph Manginello has spent over 25 years making trucking companies pay for the devastation they cause. Since 1998, he has built a reputation as one of the most aggressive and effective trucking accident attorneys in the nation.

His credentials matter when you’re facing a Fortune 500 trucking company:

  • Federal Court Admission: Ralph is admitted to the U.S. District Court, Southern District of Texas, giving him the ability to handle complex interstate trucking cases in federal court
  • Dual-State Licensure: Licensed in both Texas and New York, providing broader capabilities for cases that cross state lines
  • Fortune 500 Experience: Litigated against BP in the Texas City Refinery explosion case—one of the few Texas firms involved in this $2.1 billion disaster litigation
  • Multi-Million Dollar Results: Recovered millions for families devastated by catastrophic injuries

Ralph’s approach is simple: prepare every case as if it’s going to trial. Insurance companies know which lawyers are willing to go to court—and they offer better settlements to clients with trial-ready attorneys. Ralph has the resources and experience to take your case all the way if necessary.

Lupe Peña: The Insurance Defense Advantage

Our associate attorney Lupe Peña brings something rare to our team: he spent years working at a national insurance defense firm before joining Attorney911.

This means he knows exactly how trucking insurance companies evaluate, minimize, and deny claims—because he used to do it himself.

Lupe knows:

  • How insurance companies VALUE claims—their formulas and algorithms
  • How adjusters are TRAINED to manipulate victims into accepting low offers
  • What makes them SETTLE—and when they’re bluffing
  • How they MINIMIZE payouts using every tactic in their playbook
  • How they DENY claims—and how to fight wrongful denials

Now he uses that insider knowledge to fight FOR you. When Lupe evaluates your case, he knows exactly what the other side is thinking—and how to counter it.

Hablamos Español

For Spanish-speaking clients in Brevard County, Lupe Peña provides direct representation without interpreters. No language barriers. No confusion. Just clear communication in your preferred language.

Hablamos Español. Llame al 1-888-ATTY-911.

The 10 Potentially Liable Parties in Your Brevard County Trucking Accident

Most law firms only sue the driver and trucking company. We investigate EVERY potentially liable party—because more defendants means more insurance coverage means higher compensation for you.

1. The Truck Driver

The driver who caused your accident may be personally liable for negligent conduct including:

  • Speeding or reckless driving
  • Distracted driving (cell phone, texting, dispatch communications)
  • Fatigued driving beyond federal limits
  • Impaired driving (drugs, alcohol)
  • Failure to conduct proper pre-trip inspections
  • Violation of traffic laws

We pursue the driver’s personal assets and insurance when available.

2. The Trucking Company / Motor Carrier

This is often your primary recovery target. Trucking companies carry $750,000 to $5 million in insurance—far more than individual drivers.

We hold them liable through:

  • Vicarious liability (respondeat superior) for their employee’s negligence
  • Negligent hiring for failing to check driver backgrounds
  • Negligent training for inadequate safety instruction
  • Negligent supervision for failing to monitor driver behavior
  • Negligent maintenance for poor vehicle upkeep
  • Negligent scheduling for pressuring drivers to violate hours-of-service rules

3. The Cargo Owner / Shipper

The company that owned the cargo may be liable if they:

  • Provided improper loading instructions
  • Failed to disclose hazardous cargo
  • Required overweight loading
  • Pressured the carrier to expedite beyond safe limits

4. The Cargo Loading Company

Third-party loaders may be liable for:

  • Improper cargo securement (49 CFR 393 violations)
  • Unbalanced load distribution
  • Exceeding vehicle weight ratings
  • Failure to use proper blocking, bracing, or tiedowns

5. The Truck and Trailer Manufacturer

Manufacturers may be liable for:

  • Design defects in brake systems, stability control, or fuel tank placement
  • Manufacturing defects like faulty welds or component failures
  • Failure to warn of known dangers

6. The Parts Manufacturer

Companies that made specific components may be liable for defective:

  • Brakes or brake components
  • Tires causing blowouts
  • Steering mechanisms
  • Lighting components
  • Coupling devices

7. The Maintenance Company

Third-party maintenance providers may be liable for:

  • Negligent repairs that failed to fix problems
  • Failure to identify critical safety issues
  • Improper brake adjustments
  • Using substandard or wrong parts

8. The Freight Broker

Brokers who arranged transportation may be liable for:

  • Negligent selection of carriers with poor safety records
  • Failure to verify carrier insurance and authority
  • Failure to check carrier CSA scores

9. The Truck Owner (If Different from Carrier)

In owner-operator arrangements, the truck owner may be liable for:

  • Negligent entrustment of vehicle
  • Failure to maintain owned equipment
  • Knowledge of driver’s unfitness

10. Government Entities

Federal, state, or local government may be liable for:

  • Dangerous road design
  • Failure to maintain roads
  • Inadequate signage for known hazards
  • Improper work zone setup

Special considerations: Government cases have strict notice requirements, shorter deadlines, and sovereign immunity limitations.

FMCSA Regulations: The Rules Trucking Companies Break

The Federal Motor Carrier Safety Administration (FMCSA) regulates all commercial motor vehicles in interstate commerce. When trucking companies violate these federal regulations, they create dangerous conditions that cause catastrophic accidents. Proving FMCSA violations is often the key to establishing negligence and securing maximum compensation.

49 CFR Part 390: General Applicability

These regulations establish who must comply with federal trucking rules. They apply to:

  • All motor carriers operating commercial motor vehicles in interstate commerce
  • All drivers of CMVs in interstate commerce
  • All vehicles with GVWR over 10,001 lbs
  • All vehicles designed to transport 16+ passengers
  • All vehicles transporting hazardous materials requiring placards

Why This Matters: If the vehicle that hit you meets these criteria, federal regulations apply—and violations create liability.

49 CFR Part 391: Driver Qualification Standards

Federal law establishes strict requirements for who can legally drive a commercial motor vehicle. A driver must:

  • Be at least 21 years old (interstate) or 18 years old (intrastate)
  • Read and speak English sufficiently
  • Be physically qualified per § 391.41
  • Hold a valid commercial driver’s license (CDL)
  • Complete required entry-level driver training
  • Pass a driver’s road test or equivalent

The Driver Qualification File:

Motor carriers MUST maintain a complete file for every driver containing:

  • Employment application
  • Motor vehicle record from licensing authority
  • Road test certificate or equivalent
  • Medical examiner’s certificate (valid maximum 2 years)
  • Annual driving record review
  • Previous employer inquiries (3-year history)
  • Drug and alcohol test records

Why This Matters: If the trucking company failed to maintain a proper DQ file, failed to check the driver’s background, or hired a driver with a poor safety record, they can be held liable for negligent hiring. We subpoena these records in every trucking case.

49 CFR Part 392: Driving of Commercial Motor Vehicles

These rules govern how commercial drivers must operate their vehicles. Key provisions include:

Ill or Fatigued Operators (§ 392.3):
“No driver shall operate a commercial motor vehicle… while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate.”

Drugs and Other Substances (§ 392.4):
Drivers cannot operate while under the influence of Schedule I substances, amphetamines, narcotics, or any substance rendering them incapable of safe driving.

Alcohol (§ 392.5):
Drivers cannot use alcohol within 4 hours before duty, use alcohol while on duty, or be under the influence (0.04 BAC or higher) while operating.

Speeding (§ 392.6):
Motor carriers cannot schedule runs requiring speeds exceeding posted limits.

Following Too Closely (§ 392.11):
Drivers must not follow other vehicles more closely than is “reasonable and prudent.”

Mobile Phone Use (§ 392.82):
Drivers are prohibited from using hand-held mobile telephones while driving, reaching for phones in unsafe positions, and texting while driving.

Why This Matters: Violations of these rules directly prove negligence. When we find the driver was texting, speeding, or driving while fatigued, we have powerful evidence of liability.

49 CFR Part 393: Parts and Accessories for Safe Operation

These regulations establish equipment and cargo securement standards that prevent accidents.

Cargo Securement (§ 393.100-136):

Cargo must be contained, immobilized, or secured to prevent:

  • Leaking, spilling, blowing, or falling from the vehicle
  • Shifting that affects vehicle stability or maneuverability
  • Blocking the driver’s view or interfering with operation

Performance Criteria (§ 393.102):
Cargo securement systems must withstand:

  • Forward: 0.8 g deceleration (sudden stop)
  • Rearward: 0.5 g acceleration
  • Lateral: 0.5 g (side-to-side)
  • Downward: At least 20% of cargo weight if not fully contained

Tiedown Requirements:

  • Aggregate working load limit must be at least 50% of cargo weight for loose cargo
  • At least one tiedown for cargo 5 feet or less in length
  • At least two tiedowns for cargo over 5 feet or under 1,100 lbs
  • Additional tiedowns for every 10 feet of cargo length

Brakes (§ 393.40-55):

All CMVs must have properly functioning brake systems:

  • Service brakes on all wheels
  • Parking/emergency brake system
  • Air brake systems must meet specific requirements
  • Brake adjustment must be maintained within specifications

Lighting (§ 393.11-26):

Required lighting includes:

  • Headlamps, tail lamps, stop lamps
  • Clearance and side marker lamps
  • Reflectors and retroreflective sheeting
  • Turn signal lamps

Why This Matters: Violations of cargo securement cause rollover, jackknife, and spill accidents. Brake failures cause rear-end collisions. We investigate every vehicle system when building your case.

49 CFR Part 395: Hours of Service (HOS) Regulations

These are the most commonly violated regulations in trucking accidents—and the most deadly.

Property-Carrying Drivers (Most 18-Wheelers):

Rule Requirement Violation Consequence
11-Hour Driving Limit Cannot drive more than 11 hours after 10 consecutive hours off duty Fatigue-related accidents
14-Hour Duty Window Cannot drive beyond 14th consecutive hour after coming on duty Driver exhaustion
30-Minute Break Must take 30-minute break after 8 cumulative hours of driving Impaired alertness
60/70-Hour Limit Cannot drive after 60 hours in 7 days or 70 hours in 8 days Cumulative fatigue
34-Hour Restart Can restart 60/70-hour clock with 34 consecutive hours off Inadequate recovery
10-Hour Off-Duty Must have minimum 10 consecutive hours off duty before driving Insufficient rest

Sleeper Berth Provision (§ 395.1(g)):

Drivers using sleeper berth may split 10-hour off-duty period:

  • At least 7 consecutive hours in sleeper berth
  • Plus at least 2 consecutive hours off-duty (in berth or otherwise)
  • Neither period counts against 14-hour window

Electronic Logging Device (ELD) Mandate (§ 395.8):

Since December 18, 2017, most CMV drivers must use ELDs that:

  • Automatically record driving time
  • Synchronize with vehicle engine to record objective data
  • Cannot be altered after the fact (unlike paper logs)
  • Record GPS location, speed, engine hours

Why ELD Data Is Critical Evidence:

ELDs prove:

  • Exactly how long the driver was on duty
  • Whether breaks were taken as required
  • Speed before and during the accident
  • GPS location history
  • Any HOS violations

We send spoliation letters immediately to preserve this data.

49 CFR Part 396: Inspection, Repair, and Maintenance

These regulations ensure CMVs are maintained in safe operating condition.

General Maintenance Requirement (§ 396.3):

“Every motor carrier and intermodal equipment provider must systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, all motor vehicles and intermodal equipment subject to its control.”

Driver Inspection Requirements:

Pre-Trip Inspection (§ 396.13):
Before driving, drivers must be satisfied the CMV is in safe operating condition. Must review last driver vehicle inspection report if defects were noted.

Post-Trip Report (§ 396.11):
After each day’s driving, drivers must prepare written report on vehicle condition covering at minimum:

  • Service brakes
  • Parking brake
  • Steering mechanism
  • Lighting devices and reflectors
  • Tires
  • Horn
  • Windshield wipers
  • Rear vision mirrors
  • Coupling devices
  • Wheels and rims
  • Emergency equipment

Annual Inspection (§ 396.17):

Every CMV must pass a comprehensive annual inspection covering 16+ systems. Inspection decal must be displayed. Records must be retained for 14 months.

Maintenance Record Retention (§ 396.3):

Motor carriers must maintain records for each vehicle showing:

  • Identification (make, serial number, year, tire size)
  • Schedule for inspection, repair, and maintenance
  • Record of repairs and maintenance
  • Records must be retained for 1 year

Why This Matters: Brake failures cause 29% of truck accidents. If the trucking company failed to maintain proper records or deferred maintenance, they are liable for negligence.

Types of 18-Wheeler Accidents in Brevard County

Jackknife Accidents

A jackknife occurs when the trailer and cab skid in opposite directions, with the trailer folding at an angle similar to a pocket knife. The trailer swings out perpendicular to the cab, often sweeping across multiple lanes of traffic.

Jackknife accidents account for approximately 10% of all trucking-related deaths. They often result in multi-vehicle pileups when the trailer blocks multiple lanes. Once a jackknife begins, it’s nearly impossible for nearby drivers to avoid.

Common causes include sudden or improper braking (especially on wet or icy roads), speeding on curves, empty or lightly loaded trailers, improperly loaded cargo, brake system failures, and driver inexperience with emergency maneuvers.

In Brevard County, jackknife accidents are particularly dangerous on I-95 during summer thunderstorms and on State Road 528 (the Beachline Expressway) where sudden braking can cause loss of control. The combination of high-speed traffic and Florida’s unpredictable weather creates dangerous conditions for truck drivers who fail to adjust their driving.

We investigate ECM data for speed and braking patterns, review brake inspection records, analyze weather conditions, and examine cargo manifest and loading records to prove negligence in jackknife cases.

Rollover Accidents

A rollover occurs when an 18-wheeler tips onto its side or roof. Due to the truck’s high center of gravity and massive weight, rollovers are among the most catastrophic trucking accidents.

Approximately 50% of rollover crashes result from failure to adjust speed on curves. Rollovers frequently lead to secondary crashes from debris and fuel spills. They’re often fatal or cause catastrophic injuries to both truck occupants and other vehicles.

Common causes include speeding on curves, ramps, or turns; taking turns too sharply; improperly secured or unevenly distributed cargo; liquid cargo “slosh” shifting the center of gravity; overcorrection after tire blowout; driver fatigue; and road design defects.

In Brevard County, rollover accidents are particularly concerning on the curved ramps connecting I-95 to State Road 528 and on the winding sections of U.S. 1 near the coast. The combination of high-speed interstate traffic and curved exit ramps creates dangerous conditions when truck drivers fail to reduce speed appropriately.

We pursue ECM data showing speed through curves, cargo manifest and securement documentation, load distribution records, driver training records, and road geometry analysis to prove negligence in rollover cases.

Underride Collisions

An underride collision occurs when a smaller vehicle crashes into the rear or side of an 18-wheeler and slides underneath the trailer. The trailer height often causes the smaller vehicle’s passenger compartment to be sheared off at windshield level.

Among the most FATAL types of 18-wheeler accidents, approximately 400-500 underride deaths occur annually in the United States. Rear underride and side underride are both deadly; side underride has no federal guard requirement.

Common causes include inadequate or missing underride guards, worn or damaged rear impact guards, truck sudden stops without adequate warning, low visibility conditions, truck lane changes into blind spots, wide right turns cutting off traffic, and inadequate rear lighting or reflectors.

In Brevard County, underride accidents are particularly dangerous on I-95 during nighttime hours and in foggy conditions common along the coast. The high-speed, high-volume nature of this interstate creates deadly conditions when trucks stop suddenly or change lanes without proper warning.

We investigate underride guard inspection and maintenance records, rear lighting compliance documentation, crash dynamics showing underride depth, guard installation and certification records, and visibility conditions at the accident scene.

Rear-End Collisions

A rear-end collision occurs when an 18-wheeler strikes the back of another vehicle or when a vehicle strikes the back of a truck. Due to the truck’s massive weight and longer stopping distances, these accidents cause devastating injuries.

18-wheelers require 20-40% more stopping distance than passenger vehicles. A fully loaded truck at 65 mph needs approximately 525 feet to stop. Rear-end collisions are the second most common type of large truck crash.

Common causes include following too closely, driver distraction, driver fatigue and delayed reaction, excessive speed for traffic conditions, brake failures from poor maintenance, failure to anticipate traffic slowdowns, and impaired driving.

In Brevard County, rear-end truck accidents are particularly common on I-95 during rush hour traffic and on congested sections of U.S. 1 near shopping centers and tourist destinations. The combination of heavy truck traffic and stop-and-go conditions creates dangerous situations when drivers fail to maintain safe following distances.

We pursue ECM data showing following distance and speed, ELD data for driver fatigue analysis, cell phone records for distraction evidence, brake inspection and maintenance records, and dashcam footage to prove negligence in rear-end cases.

Wide Turn Accidents (“Squeeze Play”)

Wide turn accidents occur when an 18-wheeler swings wide (often to the left) before making a right turn, creating a gap that other vehicles enter. The truck then completes its turn, crushing or striking the vehicle that entered the gap.

Trucks make wide turns because 18-wheelers need significant space to complete turns, the trailer tracks inside the path of the cab, and drivers must swing wide to avoid curbs, signs, or buildings.

Common causes include failure to properly signal turning intention, inadequate mirror checks before and during turn, improper turn technique, driver inexperience with trailer tracking, failure to yield right-of-way when completing turn, and poor intersection design forcing wide turns.

In Brevard County, wide turn accidents are particularly dangerous at intersections along U.S. 1 in Cocoa Beach, Melbourne, and Palm Bay, where tourist traffic and local vehicles mix with heavy truck traffic. The combination of unfamiliar drivers and large trucks making tight turns creates dangerous “squeeze play” situations.

We investigate turn signal activation data from ECM, mirror condition and adjustment records, driver training records on turning procedures, intersection geometry analysis, and witness statements on turn execution.

Blind Spot Accidents (“No-Zone”)

Blind spot accidents occur when an 18-wheeler changes lanes or maneuvers without seeing a vehicle in one of its four major blind spots (No-Zones).

The four No-Zones are:

  • Front No-Zone: 20 feet directly in front—driver cannot see low vehicles
  • Rear No-Zone: 30 feet behind—no rear-view mirror visibility
  • Left Side No-Zone: Extends from cab door backward—smaller than right side
  • Right Side No-Zone: Extends from cab door backward, much larger—MOST DANGEROUS

Right-side blind spot accidents are especially dangerous due to the larger blind spot area. Many blind spot accidents occur during lane changes on highways.

Common causes include failure to check mirrors before lane changes, improperly adjusted or damaged mirrors, inadequate mirror checking during sustained maneuvers, driver distraction during lane changes, driver fatigue affecting situational awareness, and failure to use turn signals.

In Brevard County, blind spot accidents are particularly common on I-95 where high-speed lane changes are frequent, and on congested sections of State Road 528 where trucks and passenger vehicles mix heavily. The combination of high speeds and heavy traffic creates dangerous situations when truck drivers fail to properly check their blind spots.

We pursue mirror condition and adjustment at time of crash, lane change data from ECM/telematics, turn signal activation records, driver training on blind spot awareness, dashcam footage, and witness statements on truck behavior.

Tire Blowout Accidents

Tire blowout accidents occur when one or more tires on an 18-wheeler suddenly fail, causing the driver to lose control. Debris from the blown tire can also strike other vehicles.

18-wheelers have 18 tires, each of which can fail. Steer tire (front) blowouts are especially dangerous—can cause immediate loss of control. “Road gators” (tire debris) cause thousands of accidents annually.

Common causes include underinflated tires causing overheating, overloaded vehicles exceeding tire capacity, worn or aging tires not replaced, road debris punctures, manufacturing defects, improper tire matching on dual wheels, heat buildup on long hauls, and inadequate pre-trip tire inspections.

In Brevard County, tire blowout accidents are particularly dangerous on I-95 during summer months when extreme heat and heavy traffic combine to stress tires, and on State Road 528 where high speeds and limited shoulder space create dangerous conditions when trucks lose control. The combination of Florida’s heat and heavy tourist traffic creates elevated risks for tire failures.

We investigate tire maintenance and inspection records, tire age and wear documentation, tire inflation records and pressure checks, vehicle weight records from weigh stations, tire manufacturer and purchase records, and failed tire for defect analysis.

Brake Failure Accidents

Brake failure accidents occur when an 18-wheeler’s braking system fails or underperforms, preventing the driver from stopping in time to avoid a collision.

Brake problems are a factor in approximately 29% of large truck crashes. Brake system violations are among the most common FMCSA out-of-service violations. Complete brake failure is often the result of systematic maintenance neglect.

Common causes include worn brake pads or shoes not replaced, improper brake adjustment (too loose), air brake system leaks or failures, overheated brakes (brake fade) on long descents, contaminated brake fluid, defective brake components, failure to conduct pre-trip brake inspections, and deferred maintenance to save costs.

In Brevard County, brake failure accidents are particularly dangerous on I-95 where high-speed traffic leaves little room for error, and on the curved exit ramps where failed brakes can lead to runaway trucks. The combination of high speeds and limited escape routes creates deadly conditions when brakes fail.

We pursue brake inspection and maintenance records, out-of-service inspection history, ECM data showing brake application and effectiveness, post-crash brake system analysis, driver vehicle inspection reports (DVIRs), and mechanic work orders and parts records.

Cargo Spill/Shift Accidents

Cargo spill and shift accidents occur when improperly secured cargo falls from a truck, shifts during transport causing instability, or spills onto the roadway.

Cargo securement violations are among the top 10 most common FMCSA violations. Shifted cargo causes rollover accidents when center of gravity changes. Spilled cargo on highways causes secondary accidents.

Types include cargo shift (load moves during transit, destabilizing truck), cargo spill (load falls from truck onto roadway), and hazmat spill (hazardous materials leak or spill, creating additional dangers).

Common causes include inadequate tiedowns (insufficient number or strength), improper loading distribution, failure to use blocking, bracing, or friction mats, tiedown failure due to wear or damage, overloading beyond securement capacity, failure to re-inspect cargo during trip, and loose tarps allowing cargo shift.

In Brevard County, cargo spill accidents are particularly dangerous on I-95 where high-speed traffic has little time to react to spilled loads, and near the Port of Canaveral where container traffic and heavy freight create elevated risks. The combination of high-volume freight corridors and tourist traffic creates dangerous conditions when cargo is improperly secured.

We investigate cargo securement inspection photos, bill of lading and cargo manifest, loading company records, tiedown specifications and condition, 49 CFR 393 compliance documentation, and driver training on cargo securement.

Head-On Collisions

Head-on collisions occur when an 18-wheeler crosses into oncoming traffic and strikes vehicles traveling in the opposite direction.

Head-on collisions are among the deadliest accident types. Even at moderate combined speeds, the force is often fatal. They often occur on two-lane highways or from wrong-way entry.

Common causes include driver fatigue causing lane departure, driver falling asleep at the wheel, driver distraction (phone, GPS, dispatch), impaired driving (drugs, alcohol), medical emergency (heart attack, seizure), overcorrection after running off road, passing on two-lane roads, and wrong-way entry onto divided highways.

In Brevard County, head-on truck accidents are particularly dangerous on two-lane sections of U.S. 1 where there’s no median barrier, and on rural roads where driver fatigue and distraction can lead to devastating wrong-way collisions. The combination of high-speed rural highways and limited separation between opposing traffic creates deadly conditions when truck drivers lose focus.

We pursue ELD data for HOS compliance and fatigue, ECM data showing lane departure and steering, cell phone records for distraction, driver medical records and certification, drug and alcohol test results, and route and dispatch records.

The 48-Hour Evidence Preservation Protocol

Why Every Hour Matters

In 18-wheeler accident cases, evidence disappears fast. Trucking companies have rapid-response teams that begin protecting their interests within hours of an accident. If you don’t act quickly, critical evidence will be lost forever.

Critical Evidence Timelines:

Evidence Type Destruction Risk
ECM/Black Box Data Overwrites in 30 days or with new driving events
ELD Data May be retained only 6 months
Dashcam Footage Often deleted within 7-14 days
Surveillance Video Business cameras typically overwrite in 7-30 days
Witness Memory Fades significantly within weeks
Physical Evidence Vehicle may be repaired, sold, or scrapped
Drug/Alcohol Tests Must be conducted within specific windows

The Spoliation Letter: Your Evidence Shield

A spoliation letter is a formal legal notice sent to the trucking company, their insurer, and all potentially liable parties demanding preservation of all evidence related to the accident.

Why It Matters:

  • Puts defendants on legal notice of their preservation obligation
  • Creates serious consequences if evidence is destroyed
  • Courts can impose sanctions, adverse inferences, or even default judgment for spoliation
  • The sooner sent, the more weight it carries

When We Send It: IMMEDIATELY—within 24-48 hours of being retained. We don’t wait.

What Our Spoliation Letter Demands

Electronic Data:

  • Engine Control Module (ECM) / Electronic Control Unit (ECU) data
  • Event Data Recorder (EDR) data
  • Electronic Logging Device (ELD) records
  • GPS and telematics data
  • Dashcam and forward-facing camera footage
  • Dispatch communications and messaging
  • Cell phone records and text messages
  • Qualcomm or fleet management system data

Driver Records:

  • Complete Driver Qualification File
  • Employment application and resume
  • Background check and driving record
  • Medical certification and exam records
  • Drug and alcohol test results
  • Training records and certifications
  • Previous accident and violation history
  • Performance reviews and disciplinary records

Vehicle Records:

  • Maintenance and repair records
  • Inspection reports (pre-trip, post-trip, annual)
  • Out-of-service orders and repairs
  • Tire records and replacement history
  • Brake inspection and adjustment records
  • Parts purchase and installation records

Company Records:

  • Hours of service records for 6 months prior
  • Dispatch logs and trip records
  • Bills of lading and cargo documentation
  • Insurance policies
  • Safety policies and procedures
  • Training curricula
  • Hiring and supervision policies

Physical Evidence:

  • The truck and trailer themselves
  • Failed or damaged components
  • Cargo and securement devices
  • Tire remnants if blowout involved

ECM/Black Box Data: The Objective Truth

Commercial trucks have electronic systems that continuously record operational data—similar to an airplane’s black box but for trucks.

Types of Electronic Recording:

System What It Records
ECM (Engine Control Module) Engine performance, speed, throttle, RPM, cruise control, fault codes
EDR (Event Data Recorder) Pre-crash data triggered by sudden deceleration or airbag deployment
ELD (Electronic Logging Device) Driver hours, duty status, GPS location, driving time
Telematics Real-time GPS tracking, speed, route, driver behavior
Dashcam Video of road ahead, some record cab interior

Critical Data Points:

  • Speed Before Crash: Proves speeding or excessive speed for conditions
  • Brake Application: Shows when and how hard brakes were applied
  • Throttle Position: Reveals if driver was accelerating or coasting
  • Following Distance: Calculated from speed and deceleration data
  • Hours of Service: Proves fatigue and HOS violations
  • GPS Location: Confirms route and timing
  • Fault Codes: May reveal known mechanical issues driver ignored

Why This Data Wins Cases:

ECM/ELD data is objective and tamper-resistant. It directly contradicts driver claims of “I wasn’t speeding” or “I hit my brakes immediately.” This data has led to multi-million dollar verdicts in trucking cases.

Catastrophic Injuries: The Human Cost of Trucking Negligence

Why 18-Wheeler Accidents Cause Catastrophic Injuries

The physics of 18-wheeler accidents make catastrophic injuries the norm, not the exception.

Size and Weight Disparity:

  • Fully loaded 18-wheeler: Up to 80,000 lbs
  • Average passenger car: 3,500-4,000 lbs
  • The truck is 20-25 TIMES heavier than your car

Impact Force:

  • Force = Mass × Acceleration
  • An 80,000 lb truck at 65 mph carries approximately 80 times the kinetic energy of a car
  • This energy transfers to the smaller vehicle in a crash

Stopping Distance:

  • 18-wheeler at 65 mph needs ~525 feet to stop (nearly 2 football fields)
  • Car at 65 mph needs ~300 feet to stop
  • This 40% longer stopping distance means trucks cannot avoid obstacles as quickly

Traumatic Brain Injury (TBI)

TBI occurs when a sudden trauma causes damage to the brain. In 18-wheeler accidents, the extreme forces cause the brain to impact the inside of the skull.

Severity Levels:

Level Symptoms Prognosis
Mild (Concussion) Confusion, headache, brief loss of consciousness Usually recovers, but may have lasting effects
Moderate Extended unconsciousness, memory problems, cognitive deficits Significant recovery possible with rehabilitation
Severe Extended coma, permanent cognitive impairment Lifelong disability, may require 24/7 care

Common Symptoms:

  • Headaches, dizziness, nausea
  • Memory loss, confusion
  • Difficulty concentrating
  • Mood changes, depression, anxiety
  • Sleep disturbances
  • Sensory problems (vision, hearing, taste)
  • Speech difficulties
  • Personality changes

Long-Term Consequences:

  • Permanent cognitive impairment
  • Inability to work
  • Need for ongoing care and supervision
  • Increased risk of dementia and Alzheimer’s
  • Depression and emotional disorders

Lifetime Care Costs: $85,000 to $3,000,000+ depending on severity

At Attorney911, we’ve recovered $1.5 million to $9.8 million for traumatic brain injury victims. As client Glenda Walker told us after her case settled, “They fought for me to get every dime I deserved.”

Spinal Cord Injury

Damage to the spinal cord disrupts communication between the brain and body, often resulting in paralysis.

Types of Paralysis:

Type Definition Impact
Paraplegia Loss of function below the waist Cannot walk, may affect bladder/bowel control
Quadriplegia Loss of function in all four limbs Cannot walk or use arms, may need breathing assistance
Incomplete Injury Some nerve function remains Variable—may have some sensation or movement
Complete Injury No nerve function below injury Total loss of sensation and movement

Level of Injury Matters:

  • Higher injuries (cervical spine) affect more body functions
  • C1-C4 injuries may require ventilator for breathing
  • Lower injuries (lumbar) affect legs but not arms

Lifetime Care Costs:

  • Paraplegia (low): $1.1 million+
  • Paraplegia (high): $2.5 million+
  • Quadriplegia (low): $3.5 million+
  • Quadriplegia (high): $5 million+

These figures represent direct medical costs only—not lost wages, pain and suffering, or loss of quality of life.

At Attorney911, we’ve seen spinal cord injury settlements ranging from $4.7 million to $25.8 million. These cases require extensive life care planning and expert testimony to secure adequate compensation for lifelong needs.

Amputation

Types of Amputation:

  • Traumatic Amputation: Limb severed at the scene due to crash forces
  • Surgical Amputation: Limb so severely damaged it must be surgically removed

Common in 18-Wheeler Accidents Due To:

  • Crushing forces from truck impact
  • Entrapment requiring amputation for extraction
  • Severe burns requiring surgical removal
  • Infections from open wounds

Ongoing Medical Needs:

  • Initial surgery and hospitalization
  • Prosthetic limbs ($5,000 – $50,000+ per prosthetic)
  • Replacement prosthetics throughout lifetime
  • Physical therapy and rehabilitation
  • Occupational therapy for daily living skills
  • Psychological counseling

Impact on Life:

  • Permanent disability
  • Career limitations or total disability
  • Phantom limb pain
  • Body image and psychological trauma
  • Need for home modifications
  • Dependency on others for daily activities

At Attorney911, we secured $3.8 million for a client who suffered a partial leg amputation after a car accident led to staph infections during treatment. We proved the full chain of causation and secured compensation for catastrophic, life-altering injury.

Severe Burns

How Burns Occur in 18-Wheeler Accidents:

  • Fuel tank rupture and fire
  • Hazmat cargo spills and ignition
  • Electrical fires from battery/wiring damage
  • Friction burns from road contact
  • Chemical burns from hazmat exposure

Burn Classification:

Degree Depth Treatment
First Epidermis only Minor, heals without scarring
Second Epidermis and dermis May scar, may need grafting
Third Full thickness Requires skin grafts, permanent scarring
Fourth Through skin to muscle/bone Multiple surgeries, amputation may be required

Long-Term Consequences:

  • Permanent scarring and disfigurement
  • Multiple reconstructive surgeries
  • Skin graft procedures
  • Chronic pain
  • Infection risks
  • Psychological trauma

Internal Organ Damage

Common Internal Injuries:

  • Liver laceration or rupture
  • Spleen damage requiring removal
  • Kidney damage
  • Lung contusion or collapse (pneumothorax)
  • Internal bleeding (hemorrhage)
  • Bowel and intestinal damage

Why Dangerous:

  • May not show immediate symptoms
  • Internal bleeding can be life-threatening
  • Requires emergency surgery
  • Organ removal affects long-term health

Wrongful Death

When a trucking accident kills, surviving family members may bring wrongful death claims to recover compensation.

Who Can Bring a Claim (Florida Law):

  • Surviving spouse
  • Children (minor and adult)
  • Parents (especially if no spouse or children)
  • Estate representative

Types of Claims:

  • Wrongful Death Action: Compensation for survivors’ losses
  • Survival Action: Compensation for decedent’s pain/suffering before death

Damages Available:

  • Lost future income and benefits
  • Loss of consortium (companionship, care, guidance)
  • Mental anguish and emotional suffering
  • Funeral and burial expenses
  • Medical expenses before death
  • Punitive damages (if gross negligence)

At Attorney911, we’ve recovered $1.9 million to $9.5 million in wrongful death trucking cases. As client Chad Harris said, “You are NOT just some client… You are FAMILY to them.” We treat every wrongful death case with the compassion and dedication it deserves.

The 48-Hour Evidence Preservation Protocol

Why Every Hour Matters

In 18-wheeler accident cases, evidence disappears fast. Trucking companies have rapid-response teams that begin protecting their interests within hours of an accident. If you don’t act quickly, critical evidence will be lost forever.

Critical Evidence Timelines:

Evidence Type Destruction Risk
ECM/Black Box Data Overwrites in 30 days or with new driving events
ELD Data May be retained only 6 months
Dashcam Footage Often deleted within 7-14 days
Surveillance Video Business cameras typically overwrite in 7-30 days
Witness Memory Fades significantly within weeks
Physical Evidence Vehicle may be repaired, sold, or scrapped
Drug/Alcohol Tests Must be conducted within specific windows

The Spoliation Letter: Your Evidence Shield

A spoliation letter is a formal legal notice sent to the trucking company, their insurer, and all potentially liable parties demanding preservation of all evidence related to the accident.

Why It Matters:

  • Puts defendants on legal notice of their preservation obligation
  • Creates serious consequences if evidence is destroyed
  • Courts can impose sanctions, adverse inferences, or even default judgment for spoliation
  • The sooner sent, the more weight it carries

When We Send It: IMMEDIATELY—within 24-48 hours of being retained. We don’t wait.

What Our Spoliation Letter Demands

Electronic Data:

  • Engine Control Module (ECM) / Electronic Control Unit (ECU) data
  • Event Data Recorder (EDR) data
  • Electronic Logging Device (ELD) records
  • GPS and telematics data
  • Dashcam and forward-facing camera footage
  • Dispatch communications and messaging
  • Cell phone records and text messages
  • Qualcomm or fleet management system data

Driver Records:

  • Complete Driver Qualification File
  • Employment application and resume
  • Background check and driving record
  • Medical certification and exam records
  • Drug and alcohol test results
  • Training records and certifications
  • Previous accident and violation history
  • Performance reviews and disciplinary records

Vehicle Records:

  • Maintenance and repair records
  • Inspection reports (pre-trip, post-trip, annual)
  • Out-of-service orders and repairs
  • Tire records and replacement history
  • Brake inspection and adjustment records
  • Parts purchase and installation records

Company Records:

  • Hours of service records for 6 months prior
  • Dispatch logs and trip records
  • Bills of lading and cargo documentation
  • Insurance policies
  • Safety policies and procedures
  • Training curricula
  • Hiring and supervision policies

Physical Evidence:

  • The truck and trailer themselves
  • Failed or damaged components
  • Cargo and securement devices
  • Tire remnants if blowout involved

ECM/Black Box Data: The Objective Truth

Commercial trucks have electronic systems that continuously record operational data—similar to an airplane’s black box but for trucks.

Types of Electronic Recording:

System What It Records
ECM (Engine Control Module) Engine performance, speed, throttle, RPM, cruise control, fault codes
EDR (Event Data Recorder) Pre-crash data triggered by sudden deceleration or airbag deployment
ELD (Electronic Logging Device) Driver hours, duty status, GPS location, driving time
Telematics Real-time GPS tracking, speed, route, driver behavior
Dashcam Video of road ahead, some record cab interior

Critical Data Points:

  • Speed Before Crash: Proves speeding or excessive speed for conditions
  • Brake Application: Shows when and how hard brakes were applied
  • Throttle Position: Reveals if driver was accelerating or coasting
  • Following Distance: Calculated from speed and deceleration data
  • Hours of Service: Proves fatigue and HOS violations
  • GPS Location: Confirms route and timing
  • Fault Codes: May reveal known mechanical issues driver ignored

Why This Data Wins Cases:

ECM/ELD data is objective and tamper-resistant. It directly contradicts driver claims of “I wasn’t speeding” or “I hit my brakes immediately.” This data has led to multi-million dollar verdicts in trucking cases.

Florida Law: What Brevard County Trucking Accident Victims Need to Know

Statute of Limitations

In Florida, you have 4 years from the date of your trucking accident to file a personal injury lawsuit. For wrongful death claims, the limit is 2 years from the date of death.

Critical Warning: While these deadlines may seem generous, waiting is dangerous. Evidence disappears, witnesses forget, and trucking companies are building their defense right now. We recommend contacting an attorney within days, not months.

Comparative Negligence: Florida’s Modified System

Florida follows a modified comparative negligence system with a 51% bar rule. This means:

  • You can recover damages if you are 50% or less at fault
  • Your recovery is reduced by your percentage of fault
  • If you are 51% or more at fault, you recover nothing

Example: If your damages are $1,000,000 and you are found 30% at fault, you recover $700,000. If you are found 51% at fault, you recover $0.

This makes thorough investigation and evidence preservation critical. The trucking company will try to shift blame to you. We gather objective evidence to prove what really happened.

Florida’s No-Fault Insurance System

Florida is a no-fault insurance state for car accidents, but this system has important limitations for trucking accidents.

Personal Injury Protection (PIP):

  • Your own PIP coverage pays 80% of medical bills and 60% of lost wages up to $10,000
  • You must seek medical treatment within 14 days of the accident
  • PIP does NOT cover pain and suffering

When You Can Step Outside No-Fault:

For serious injuries, Florida law allows you to pursue the at-fault party directly. “Serious injury” includes:

  • Permanent injury
  • Significant and permanent loss of an important bodily function
  • Significant and permanent scarring or disfigurement
  • Death

Trucking Accidents Almost Always Qualify:

Given the massive forces involved, trucking accidents typically cause injuries that meet Florida’s “serious injury” threshold. This allows us to pursue the trucking company and other liable parties directly for full compensation—including pain and suffering damages that PIP doesn’t cover.

Punitive Damages in Florida

Florida allows punitive damages when the defendant’s conduct was grossly negligent or intentional. For trucking accidents, this might include:

  • Knowingly hiring a driver with a dangerous record
  • Systematic hours-of-service violations
  • Destroying evidence after an accident
  • Falsifying maintenance records

Florida’s Punitive Damages Cap:

Florida generally caps punitive damages at the greater of:

  • Three times the amount of compensatory damages, OR
  • $500,000

However, this cap does NOT apply if:

  • The defendant had a specific intent to harm, OR
  • The defendant was intoxicated

Why This Matters: In egregious trucking cases, punitive damages can significantly increase recovery and send a message that dangerous practices won’t be tolerated.

Insurance Coverage: Why Trucking Cases Are High-Value

FMCSA Minimum Insurance Requirements

Federal law requires commercial trucking companies to carry minimum liability insurance far exceeding typical auto policies.

Federal Minimum Liability Limits:

Cargo Type Minimum Coverage
Non-Hazardous Freight (10,001+ lbs GVWR) $750,000
Oil/Petroleum (10,001+ lbs GVWR) $1,000,000
Large Equipment (10,001+ lbs GVWR) $1,000,000
Hazardous Materials (All) $5,000,000
Passengers (16+ passengers) $5,000,000
Passengers (15 or fewer) $1,500,000

Why This Matters For Your Case:

Unlike car accidents where insurance may be limited to $30,000-$100,000, trucking accidents typically have at least $750,000 available—and often much more. Many carriers carry $1-5 million in coverage.

This higher coverage means catastrophic injuries can actually be compensated, rather than leaving victims with unpaid medical bills and financial ruin.

Types of Damages Recoverable

Economic Damages (Calculable Losses):

Category What’s Included
Medical Expenses Past, present, and future medical costs
Lost Wages Income lost due to injury and recovery
Lost Earning Capacity Reduction in future earning ability
Property Damage Vehicle repair or replacement
Out-of-Pocket Expenses Transportation to medical appointments, home modifications
Life Care Costs Ongoing care for catastrophic injuries

Non-Economic Damages (Quality of Life):

Category What’s Included
Pain and Suffering Physical pain from injuries
Mental Anguish Psychological trauma, anxiety, depression
Loss of Enjoyment Inability to participate in activities
Disfigurement Scarring, visible injuries
Loss of Consortium Impact on marriage/family relationships
Physical Impairment Reduced physical capabilities

Punitive Damages (Punishment for Gross Negligence):

Punitive damages may be available when the trucking company or driver acted with:

  • Gross negligence
  • Willful misconduct
  • Conscious indifference to safety
  • Fraud (falsifying logs, destroying evidence)

Frequently Asked Questions: Brevard County 18-Wheeler Accidents

Immediate After-Accident Questions

What should I do immediately after an 18-wheeler accident in Brevard County?

If you’ve been in a trucking accident in Brevard County, take these steps immediately if you’re able: Call 911 and report the accident. Seek medical attention, even if injuries seem minor. Document the scene with photos and video if possible. Get the trucking company name, DOT number, and driver information. Collect witness contact information. Do NOT give recorded statements to any insurance company. Call an 18-wheeler accident attorney immediately.

Should I go to the hospital after a truck accident even if I feel okay?

YES. Adrenaline masks pain after traumatic accidents. Internal injuries, TBI, and spinal injuries may not show symptoms for hours or days. Brevard County hospitals including Parrish Medical Center, Holmes Regional Medical Center, and Rockledge Regional Medical Center can identify injuries that will become critical evidence in your case. Delaying treatment also gives insurance companies ammunition to deny your claim.

What information should I collect at the truck accident scene in Brevard County?

Document everything possible: Truck and trailer license plates. DOT number (on truck door). Trucking company name and logo. Driver’s name, CDL number, and contact info. Photos of all vehicle damage. Photos of the accident scene, road conditions, skid marks. Photos of your injuries. Witness names and phone numbers. Responding officer’s name and badge number. Weather and road conditions.

Should I talk to the trucking company’s insurance adjuster?

NO. Do not give any recorded statements. Insurance adjusters work for the trucking company, not you. Anything you say will be used to minimize your claim. Our firm includes a former insurance defense attorney who knows exactly how these adjusters are trained to protect the trucking company’s interests.

How quickly should I contact an 18-wheeler accident attorney in Brevard County?

IMMEDIATELY—within 24-48 hours if possible. Critical evidence in trucking cases (black box data, ELD records, dashcam footage) can be destroyed or overwritten quickly. We send spoliation letters within hours of being retained to preserve this evidence before it’s lost forever.

Trucking Company & Driver Questions

Who can I sue after an 18-wheeler accident in Brevard County?

Multiple parties may be liable in trucking accidents: The truck driver. The trucking company/motor carrier. The cargo owner or shipper. The company that loaded the cargo. Truck or parts manufacturers. Maintenance companies. Freight brokers. The truck owner (if different from carrier). Government entities (for road defects). We investigate every possible defendant to maximize your recovery.

Is the trucking company responsible even if the driver caused the accident?

Usually YES. Under the doctrine of respondeat superior, employers are liable for employees’ negligent acts within the scope of employment. Additionally, trucking companies can be directly liable for negligent hiring, negligent training, negligent supervision, negligent maintenance, and negligent scheduling.

What if the truck driver says the accident was my fault?

Florida uses a modified comparative negligence system. Even if you were partially at fault, you may still recover compensation as long as you are not more than 50% at fault. Our job is to investigate thoroughly, gather evidence (especially ECM and ELD data), and prove what really happened. Drivers often lie to protect their jobs—the data tells the true story.

Evidence & Investigation Questions

What is a truck’s “black box” and how does it help my case?

Commercial trucks have Electronic Control Modules (ECM) and Event Data Recorders (EDR) that record operational data—similar to airplane black boxes. This data can show speed before and during the crash, brake application timing, engine RPM and throttle position, whether cruise control was engaged, and GPS location. This objective data often contradicts what drivers claim happened.

What is an ELD and why is it important?

Electronic Logging Devices (ELDs) are federally mandated devices that record driver hours of service. ELD data proves whether the driver violated federal rest requirements and was driving while fatigued. Hours of service violations are among the most common causes of trucking accidents.

How long does the trucking company keep black box and ELD data?

ECM data can be overwritten within 30 days or with new driving events. FMCSA only requires 6 months retention for ELD data. This is why we send spoliation letters immediately—once we notify them of litigation, they must preserve everything.

Why Choose Attorney911 for Your Brevard County Trucking Accident Case

Proven Results Against Major Trucking Companies

We’ve gone toe-to-toe with the largest corporations in America—and won. Our case results include:

Case Type Settlement Details
Traumatic Brain Injury (Logging Accident) $5+ Million Worker struck by falling log, permanent cognitive impairment
Car Accident Amputation $3.8+ Million Staph infection during treatment led to partial leg amputation
Maritime Back Injury (Jones Act) $2+ Million Offshore worker injured lifting cargo
Commercial Truck Crash $2.5+ Million Multi-vehicle trucking accident
Wrongful Death (Trucking) $1.9M – $9.5M Multiple fatal 18-wheeler accidents

Total Firm Recoveries: $50+ Million

The Insurance Defense Advantage

Our associate attorney Lupe Peña spent years working at a national insurance defense firm before joining Attorney911. He knows exactly how trucking insurance companies evaluate, minimize, and deny claims—because he used to do it himself.

Lupe knows their formulas, their training methods, their settlement triggers, and their denial tactics. Now he uses that insider knowledge to fight for maximum compensation for our clients.

As we tell every client: “Our firm includes an attorney who used to work for insurance companies. Now he fights against them. That’s your advantage.”

Federal Court Experience

Ralph Manginello’s admission to the U.S. District Court, Southern District of Texas, is critical for interstate trucking cases. Many trucking accidents involve federal regulations and can be filed in federal court for strategic advantage.

Most personal injury attorneys lack federal court experience. We have it—and we use it when it benefits our clients.

24/7 Availability

Trucking accidents don’t happen on business hours. That’s why we’re available 24/7. When you call 1-888-ATTY-911, you get a response—not a voicemail.

No Fee Unless We Win

We work on contingency. You pay absolutely nothing unless we win your case. We advance all investigation costs. You never receive a bill from us.

When we win, our fee comes from the recovery, not your pocket. Standard contingency fees are 33.33% pre-trial and 40% if trial is necessary.

Brevard County Trucking Accident FAQ

How long do I have to file an 18-wheeler accident lawsuit in Brevard County?

Florida’s statute of limitations for personal injury claims is 4 years from the date of your trucking accident. For wrongful death claims, the limit is 2 years from the date of death.

However, you should never wait. Evidence disappears quickly in trucking cases. The sooner you contact us, the stronger your case will be.

Will my trucking accident case go to trial?

Most cases settle before trial, but we prepare every case as if it’s going to trial. Insurance companies know which lawyers are willing to go to court—and they offer better settlements to clients with trial-ready attorneys. We have the resources and experience to take your case all the way if necessary.

How much are 18-wheeler accident cases worth in Brevard County?

Case values depend on many factors: severity of injuries, medical expenses (past and future), lost income and earning capacity, pain and suffering, degree of defendant’s negligence, and insurance coverage available.

Trucking companies carry higher insurance ($750,000 minimum, often $1-5 million), allowing for larger recoveries than typical car accidents. We’ve seen verdicts ranging from hundreds of thousands to hundreds of millions.

What if I was partially at fault for the accident?

Florida’s modified comparative negligence system allows recovery as long as you are not more than 50% at fault. Your recovery is reduced by your percentage of fault. If you’re found 51% or more at fault, you recover nothing.

This makes thorough investigation critical. We gather objective evidence to prove what really happened and minimize any fault attributed to you.

How do I pay for medical treatment while my case is pending?

We can help you access medical care even if you don’t have health insurance. We work with attorney-approved doctors who treat patients under a Letter of Protection (LOP)—meaning they’ll get paid once your case is settled. This allows you to get the care you need now without upfront costs.

Call Attorney911 Today: Your Brevard County Trucking Accident Advocates

The trucking company that hit you has already called their lawyers. Their insurance adjuster is already looking for ways to pay you less. Their rapid-response team is already at the scene protecting their interests.

What are you doing?

Every hour you wait, evidence in your Brevard County trucking accident case is disappearing. Black box data can be overwritten. Dashcam footage gets deleted. Witnesses forget what they saw.

Don’t let them get away with it. Don’t settle for less than you deserve. Don’t face the trucking industry alone.

Call Attorney911 NOW at 1-888-ATTY-911 for a free consultation.

Our managing partner Ralph Manginello has spent 25+ years making trucking companies pay. Our team includes a former insurance defense attorney who knows every tactic they’ll use against you. We have the resources, experience, and determination to fight for maximum compensation.

We offer:

  • Free consultations
  • No fee unless we win
  • 24/7 availability
  • Spanish-language services (Hablamos Español)
  • Offices in Houston, Austin, and Beaumont—serving Brevard County and beyond

Don’t wait. The clock is already ticking. Call 1-888-ATTY-911 today.

Attorney911 / The Manginello Law Firm, PLLC

Managing Partner: Ralph P. Manginello

Associate Attorney: Lupe E. Peña

1-888-ATTY-911 (1-888-288-9911)

ralph@atty911.com | lupe@atty911.com

https://attorney911.com

Houston: 1177 West Loop S, Suite 1600

Austin: 316 West 12th Street, Suite 311

Beaumont: Available for meetings

Hablamos Español. Llame al 1-888-ATTY-911.

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