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Duval County 18-Wheeler Accident Attorneys: Attorney911 Delivers 25+ Years of Federal Courtroom Dominance Led by Ralph Manginello with $50+ Million Recovered Including $2.5+ Million Truck Crash Verdicts and $3.8+ Million Amputation Settlements, Backed by Former Insurance Defense Attorney Lupe Peña Who Knows Every Denial Tactic From Inside the Industry, Mastering FMCSA 49 CFR Parts 390-399 Regulations with Hours of Service Violation Hunters and Black Box ELD Data Extraction Experts Covering Jackknife Rollover Underride Wide Turn Blind Spot Tire Blowout Brake Failure Cargo Spill Hazmat Overloaded and Fatigued Driver Collisions, Pursuing Trucking Companies Negligent Drivers Cargo Loaders Parts Manufacturers Maintenance Companies Freight Brokers and Government Entities for Traumatic Brain Injury Spinal Cord Paralysis Amputation Severe Burns Internal Damage Wrongful Death and PTSD Cases with 4.9 Star Google Rating from 251 Reviews Trial Lawyers Achievement Association Million Dollar Member State Bar of Texas Pro Bono College Houston Bar Association Member Featured on ABC13 KHOU 11 KPRC 2 Houston Chronicle Trae Tha Truth Recommended Legal Emergency Lawyers Trademarked The Firm Insurers Fear with Free 24/7 Consultation No Fee Unless We Win We Advance All Investigation Costs Same Day Spoliation Letters 48 Hour Evidence Preservation Protocol Rapid Response Team Deployment and Memorable Contact 1-888-ATTY-911 Hablamos Español

February 21, 2026 45 min read
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18-Wheeler & Trucking Accident Attorneys in Duval County, Florida

When 80,000 Pounds Changes Everything

The impact was catastrophic. One moment you’re driving through Duval County on I-95 or I-10, and the next, an 80,000-pound commercial truck has turned your life upside down. In Jacksonville and throughout Duval County, our highways serve as critical freight corridors connecting Florida to the entire Eastern Seaboard and Gulf Coast. With that traffic comes devastating accidents.

Every 16 minutes, someone in America is injured in a commercial truck crash. Duval County’s position as a major logistics hub—with the Port of Jacksonville, multiple intermodal facilities, and heavy freight traffic on I-95, I-10, and I-295—means our community sees more than its share of these tragedies. When a trucking accident happens here, you need more than a personal injury lawyer. You need a team that understands federal trucking regulations, the local Duval County court system, and how to fight Fortune 500 trucking companies.

That’s exactly what we do at Attorney911.

Why Duval County Trucking Accidents Are Different

Duval County isn’t just another Florida jurisdiction for trucking litigation. Our geographic and economic realities create unique accident patterns and legal considerations that demand local expertise.

Major Trucking Corridors in Duval County

Highway Freight Significance Common Accident Types
I-95 Primary north-south East Coast corridor; connects Miami to Maine through Jacksonville Fatigue-related crashes, rear-end collisions in congestion
I-10 Major east-west transcontinental route; connects Jacksonville to Los Angeles Rollover accidents, cargo spills, long-haul driver fatigue
I-295 Jacksonville beltway; heavy port and distribution center traffic Wide turn accidents, blind spot collisions, intersection crashes
US-1 Coastal freight alternative; serves local Jacksonville distribution Local delivery accidents, pedestrian incidents
US-90 Historic route through West Jacksonville; industrial area access Industrial trucking accidents, heavy equipment collisions

The Port of Jacksonville Factor

The Port of Jacksonville (JAXPORT) is Florida’s largest container port by volume and a critical hub for automobile imports, containerized cargo, and bulk commodities. This creates distinctive trucking accident risks in Duval County:

  • Heavy container truck traffic on I-295 and local connector roads
  • Automotive carrier trucks transporting vehicles from port facilities
  • Overweight violations as trucks leave port scales
  • Fatigue issues from drivers waiting in port queues
  • Cargo securement failures on container chassis

We’ve handled cases involving port-related trucking accidents throughout Duval County, from the Talleyrand Marine Terminal to the Blount Island Marine Terminal and Dames Point.

Local Weather and Road Conditions

Duval County’s subtropical climate creates specific trucking hazards that drivers and companies must account for:

  • Summer thunderstorms with sudden downpours and reduced visibility
  • Hurricane season (June-November) with evacuation traffic and wind hazards
  • High humidity affecting brake performance and driver comfort
  • Occasional freezing events (rare but dangerous due to lack of winter equipment)

When trucking companies fail to adjust operations for these conditions, they violate FMCSA regulations and create liability.

Our Duval County Trucking Accident Experience

Attorney911 brings 25+ years of experience fighting for injury victims to every Duval County trucking case we handle. Ralph Manginello has been representing accident victims since 1998, and our firm’s track record includes multi-million dollar recoveries against some of the largest trucking companies in America.

Credentials That Matter in Duval County

Credential Significance for Your Case
25+ Years Experience Deep understanding of trucking litigation evolution, from paper logs to ELD mandates
Federal Court Admission Can file in U.S. District Court when federal regulations or interstate commerce issues arise
Former Insurance Defense Attorney on Staff Lupe Peña knows exactly how trucking insurers evaluate and minimize claims
Multi-Million Dollar Verdicts Proven ability to secure substantial recoveries for catastrophic injuries
BP Texas City Explosion Litigation Experience against Fortune 500 defendants in complex industrial cases
Trial Lawyers Achievement Association Million Dollar Member Recognized by peers for significant case results

The Insurance Defense Advantage

Here’s what sets Attorney911 apart from other Duval County trucking accident lawyers: our associate attorney Lupe Peña spent years working INSIDE a national insurance defense firm. He watched adjusters minimize claims. He learned their valuation formulas. He saw exactly how they train their people to lowball victims.

Now he uses that insider knowledge to fight FOR you.

When the trucking company’s insurer makes an offer, Lupe knows immediately whether it’s fair or a tactic. He recognizes their manipulation strategies because he used to employ them. That knowledge translates directly into higher settlements for our Duval County clients.

Our Duval County Commitment

We know Duval County. We know the Fourth Judicial Circuit Court system. We know the local judges, the defense attorneys who regularly handle trucking cases here, and the expert witnesses who can testify effectively to Duval County juries.

When you hire Attorney911 for your Duval County trucking accident case, you’re not getting an out-of-state firm that treats you like a case number. You’re getting local advocates who understand your community and will fight for you like family.

As client Chad Harris said: “You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.”

Understanding 18-Wheeler Accidents in Duval County

Not all trucking accidents are the same. The type of accident often reveals what went wrong and who is responsible. In Duval County, we see distinct patterns based on our highway infrastructure, port activity, and regional freight flows.

Jackknife Accidents

A jackknife occurs when the trailer and cab skid in opposite directions, with the trailer folding at an angle like a pocket knife. On Duval County’s I-95 and I-10 corridors, jackknifes often happen when:

  • Drivers brake suddenly in congestion near the I-295 interchange
  • Sudden thunderstorms create slick conditions on elevated highway sections
  • Empty or lightly loaded trailers (common after port deliveries) are more prone to swing

Jackknife accidents frequently cause multi-vehicle pileups when the trailer blocks multiple lanes. These cases often involve 49 CFR § 393.48 (brake system violations) or 49 CFR § 392.6 (speeding for conditions).

Rollover Accidents

Rollovers occur when an 18-wheeler tips onto its side or roof. In Duval County, we see these particularly on:

  • I-295 curves near the Dames Point Bridge
  • I-10 ramps and interchanges with I-95
  • US-1 coastal routes with soft shoulders

Rollovers often result from 49 CFR § 393.100-136 violations (cargo securement failures), where improperly secured loads shift and destabilize the vehicle. Liquid cargo “slosh” is particularly dangerous on Duval County’s curved highway sections.

Underride Collisions

Among the most fatal trucking accidents, underrides occur when a smaller vehicle slides under the trailer. Rear underrides happen when trucks stop suddenly on Duval County’s congested interstates. Side underrides occur during lane changes or turns at intersections throughout Jacksonville.

These cases often involve 49 CFR § 393.86 violations (inadequate rear impact guards) or 49 CFR § 392.11 (failure to signal turns properly). The devastating nature of these injuries—often decapitation or catastrophic head trauma—demands maximum compensation.

Rear-End Collisions

Given the 525-foot stopping distance of a loaded 18-wheeler at highway speed, rear-end collisions are common on Duval County’s I-95 corridor, particularly in:

  • Construction zones with sudden slowdowns
  • Heavy traffic near downtown Jacksonville interchanges
  • Weather-reduced visibility conditions

These cases typically involve 49 CFR § 392.11 (following too closely), 49 CFR § 392.3 (fatigue), or 49 CFR § 392.82 (distracted driving). ECM data showing speed and brake application timing is critical evidence.

Wide Turn Accidents

Jacksonville’s urban core and port areas require frequent tight turns. When 18-wheelers swing wide before right turns—creating gaps that other vehicles enter—crushing injuries result. These accidents often involve 49 CFR § 392.11 violations and inadequate mirror checking.

Blind Spot Collisions

The four “No-Zones” around an 18-wheeler create constant hazards on Duval County’s multi-lane highways. Right-side blind spot accidents are particularly dangerous given the larger blind spot on that side. These cases involve 49 CFR § 393.80 (mirror requirements) and driver inattention.

Tire Blowout Accidents

Florida’s extreme heat and Duval County’s heavy port traffic create conditions for tire failures. When steer tires blow, immediate loss of control follows. These cases involve 49 CFR § 393.75 (tire requirements) and 49 CFR § 396.13 (inspection violations).

Brake Failure Accidents

With 29% of truck crashes involving brake problems, these failures are devastating on Duval County’s high-speed interstates. Cases involve 49 CFR §§ 393.40-55 (brake system requirements) and systematic maintenance neglect under 49 CFR § 396.3.

Cargo Spill and Hazmat Accidents

JAXPORT’s container traffic and industrial freight create risks of spilled cargo and hazardous material releases. These cases involve 49 CFR §§ 393.100-136 (cargo securement) and can implicate multiple liable parties including cargo owners, loading companies, and freight brokers.

Who Can Be Held Liable in Your Duval County Trucking Accident

Unlike car accidents where typically only one driver is at fault, 18-wheeler accidents often involve multiple responsible parties. At Attorney911, we investigate every potential defendant because more liable parties means more insurance coverage—and ultimately, better compensation for you.

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
  • Traffic law violations
  • Failure to yield or improper lane changes

We pursue the driver’s complete record, including ELD data showing hours of service, drug and alcohol test results, cell phone records, and previous accident history.

The Trucking Company / Motor Carrier

The trucking company is often the most important defendant because they carry the highest insurance limits. Under the doctrine of respondeat superior, employers are liable for employees’ negligent acts within the scope of employment.

Beyond vicarious liability, trucking companies face direct negligence claims:

  • Negligent Hiring: Failed to check driver’s background, driving record, or qualifications
  • Negligent Training: Inadequate safety training on cargo securement, hours of service, or emergency procedures
  • Negligent Supervision: Failed to monitor driver performance, ELD compliance, or safety violations
  • Negligent Maintenance: Failed to maintain vehicles in safe condition
  • Negligent Scheduling: Pressured drivers to violate hours-of-service regulations

We subpoena Driver Qualification Files, training records, dispatch logs showing schedule pressure, and CSA safety scores to prove corporate negligence.

Cargo Owner / Shipper

The company that owned the cargo being transported may be liable when they:

  • Provided improper loading instructions
  • Failed to disclose hazardous nature of cargo
  • Required overweight loading
  • Pressured carrier to expedite beyond safe limits
  • Misrepresented cargo weight or characteristics

JAXPORT’s diverse cargo—including automobiles, containers, and bulk commodities—creates varied liability scenarios in Duval County.

Cargo Loading Company

Third-party loading companies that physically loaded cargo may be liable for:

  • Improper cargo securement (49 CFR §§ 393.100-136 violations)
  • Unbalanced load distribution
  • Exceeding vehicle weight ratings
  • Failure to use proper blocking, bracing, or tiedowns
  • Inadequate loader training on securement requirements

Truck and Trailer Manufacturer

The manufacturer may be liable for design or manufacturing defects including:

  • Defective brake systems
  • Stability control failures
  • Fuel tank placement creating fire hazards
  • Faulty welds or component failures
  • Defective safety systems (ABS, ESC, collision warning)

Parts Manufacturer

Companies that manufactured specific failed components may be liable for:

  • Defective brakes or brake components
  • Defective tires causing blowouts
  • Defective steering mechanisms
  • Defective lighting components
  • Defective coupling devices

Maintenance Company

Third-party maintenance companies 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
  • Returning vehicles to service with known defects

Freight Broker

Freight brokers who arranged transportation may be liable for:

  • Negligent selection of carrier with poor safety record
  • Failure to verify carrier insurance and authority
  • Failure to check carrier CSA scores
  • Selecting cheapest carrier despite safety concerns

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

Government Entity

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

  • Dangerous road design contributing to accident
  • Failure to maintain roads (potholes, debris, worn markings)
  • Inadequate signage for known hazards
  • Failure to install safety barriers
  • Improper work zone setup

Special considerations apply: sovereign immunity limits liability, strict notice requirements and short deadlines exist, and actual notice of dangerous condition must often be proven.

The 48-Hour Evidence Preservation Protocol

In Duval County 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 (pre-employment and random)
  • Training documentation
  • 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 airplane black boxes. This data is often the key to proving negligence.

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

This objective data often 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

The physics of 18-wheeler accidents make catastrophic injuries the norm, not the exception. When an 80,000-pound truck collides with a 4,000-pound passenger vehicle at Duval County highway speeds, the results are devastating.

Size and Weight Disparity

Factor 18-Wheeler Passenger Vehicle Ratio
Maximum Weight 80,000 lbs 3,500-4,000 lbs 20-25:1
Stopping Distance at 65 mph ~525 feet (nearly 2 football fields) ~300 feet 75% longer
Kinetic Energy at Highway Speed ~80x passenger vehicle Baseline 80:1

This energy transfers to the smaller vehicle in a crash. The results are predictable and tragic.

Traumatic Brain Injury (TBI)

TBI occurs when 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

Our firm has recovered $1,548,000 to $9,838,000+ for traumatic brain injury victims. These funds don’t erase what happened, but they provide resources for the best possible recovery.

Spinal Cord Injury and Paralysis

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

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.

We’ve secured $4,770,000 to $25,880,000+ for spinal cord injury clients, ensuring they have resources for lifelong care.

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

Our firm has recovered $1,945,000 to $8,630,000 for amputation victims.

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 a loved one, Florida law allows surviving family members to recover compensation through wrongful death claims.

Who Can Bring a Wrongful Death Claim in Florida:

  • 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)

Our firm has recovered $1,910,000 to $9,520,000 for wrongful death cases.

FMCSA Regulations: The Rules Trucking Companies Break

The Federal Motor Carrier Safety Administration (FMCSA) regulates all commercial motor vehicles operating in interstate commerce. These regulations are codified in Title 49 of the Code of Federal Regulations (49 CFR), Parts 300-399. When trucking companies and drivers violate these rules, they create dangerous conditions that cause catastrophic accidents.

The Six Critical Parts of FMCSA Regulations

Part Title What It Covers
Part 390 General Applicability Definitions, who regulations apply to
Part 391 Driver Qualification Who can drive, medical requirements, training
Part 392 Driving Rules Safe operation, fatigue, drugs, alcohol
Part 393 Vehicle Safety Equipment, cargo securement, brakes, lights
Part 395 Hours of Service How long drivers can drive, required rest
Part 396 Inspection & Maintenance Vehicle upkeep, inspections, records

Part 390: General Applicability

49 CFR § 390.3 establishes who must comply with federal trucking regulations:

“The rules in this subchapter are applicable to all employers, employees, and commercial motor vehicles that transport property or passengers in interstate commerce.”

Applies To:

  • All motor carriers operating CMVs 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 (including driver)
  • All vehicles transporting hazardous materials requiring placards

Part 391: Driver Qualification Standards

49 CFR § 391.11 establishes minimum driver qualifications. A person shall not drive a commercial motor vehicle unless they:

  1. Are at least 21 years old (interstate) or 18 years old (intrastate)
  2. Can read and speak English sufficiently
  3. Can safely operate the CMV and cargo type
  4. Are physically qualified under § 391.41
  5. Have a valid commercial motor vehicle operator’s license (CDL)
  6. Have completed a driver’s road test or equivalent
  7. Are not disqualified under § 391.15 (violations, suspensions)
  8. Have completed required entry-level driver training

Driver Qualification File Requirements (49 CFR § 391.51):

Motor carriers MUST maintain a Driver Qualification (DQ) File for EVERY driver containing:

  • Employment application
  • Motor Vehicle Record from state licensing authority
  • Road Test Certificate or equivalent documentation
  • Medical Examiner’s Certificate (current, valid, max 2 years)
  • Annual Driving Record Review
  • Previous Employer Inquiries (3-year driving history investigation)
  • Drug & Alcohol Test Records

Why This Matters for Your Case:

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.

Part 392: Driving of Commercial Motor Vehicles

49 CFR § 392.3 – Ill or Fatigued Operators:

“No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to 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 the commercial motor vehicle.”

This regulation makes BOTH the driver AND the trucking company liable when a fatigued driver causes an accident.

49 CFR § 392.4 – Drugs and Other Substances:

A driver shall not be on duty or operate a CMV while:

  1. Under the influence of any Schedule I substance
  2. Under the influence of an amphetamine, narcotic, or any substance that renders them incapable of safe driving
  3. Possessing a Schedule I substance (unless prescription)

49 CFR § 392.5 – Alcohol:

A driver shall not:

  1. Use alcohol within 4 hours before going on duty or operating a CMV
  2. Use alcohol while on duty or operating a CMV
  3. Be under the influence of alcohol (.04 BAC or higher) while on duty
  4. Possess any alcohol while on duty (with limited exceptions)

49 CFR § 392.6 – Speeding:

“No motor carrier shall schedule a run, nor shall any such carrier permit or require the operation of any commercial motor vehicle, between points in such period of time as would require the commercial motor vehicle to be operated at speeds in excess of those prescribed by the jurisdictions in or through which the commercial motor vehicle is being operated.”

49 CFR § 392.11 – Following Too Closely:

“The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and conditions of, the highway.”

49 CFR § 392.82 – Mobile Phone Use:

Drivers are PROHIBITED from:

  • Using a hand-held mobile telephone while driving
  • Reaching for mobile phone in manner requiring leaving seated position
  • Texting while driving (49 CFR § 392.80)

Part 393: Parts and Accessories for Safe Operation

49 CFR §§ 393.100-136 – Cargo Securement:

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

49 CFR §§ 393.40-55 – Brakes:

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

49 CFR §§ 393.11-26 – Lighting:

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.

Part 395: Hours of Service (HOS) Regulations

THESE ARE THE MOST COMMONLY VIOLATED REGULATIONS IN TRUCKING ACCIDENTS.

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 (49 CFR § 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 (49 CFR § 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.

Part 396: Inspection, Repair, and Maintenance

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.

Commercial Truck Insurance: Why These Cases Are High Value

Federal law requires commercial trucking companies to carry minimum liability insurance far exceeding typical auto policies. This higher coverage means catastrophic injuries can actually be compensated, rather than leaving victims with unpaid medical bills.

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

Many carriers carry $1-5 million or more. This higher coverage means catastrophic injuries can actually be compensated.

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)

Florida’s Modified Comparative Negligence System

Florida recently changed from pure comparative negligence to modified comparative negligence. Under Florida law (as of 2023), you can recover damages as long as you are 50% or less at fault for the accident. If you are found more than 50% at fault, you recover nothing.

Your recovery is reduced by your percentage of fault. If you’re awarded $1,000,000 but found 20% at fault, you receive $800,000.

This makes proving the trucking company’s negligence critical. The more we can show their violations of FMCSA regulations, the higher your recovery.

Florida’s Statute of Limitations

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

But waiting is dangerous. Evidence disappears, witnesses forget, and trucking companies build their defenses. We recommend contacting an attorney immediately.

Frequently Asked Questions About Duval County 18-Wheeler Accidents

Immediate After-Accident Questions

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

If you’ve been in a trucking accident in Duval 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. Duval County hospitals including UF Health Jacksonville, Baptist Medical Center Jacksonville, and St. Vincent’s 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 Duval 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 Duval 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 and Driver Questions

Who can I sue after an 18-wheeler accident in Duval 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 modified comparative negligence. Even if you were partially at fault, you may still recover compensation as long as you’re 50% or less 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 and 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. 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.

Florida Law: What You Need to Know

Statute of Limitations

Claim Type Time Limit Key Considerations
Personal Injury 4 years from accident date Discovery rule may extend for latent injuries
Wrongful Death 2 years from death date Shorter deadline requires faster action
Property Damage 4 years from accident date Includes vehicle damage and personal property
Uninsured Motorist 5 years from accident date UM claims have extended deadline

Critical Warning: While Florida provides 4 years for personal injury claims, waiting is dangerous. Evidence disappears, witnesses forget, and trucking companies build defenses. Contact an attorney immediately.

Modified Comparative Negligence (2023 Change)

Florida recently changed from pure comparative negligence to modified comparative negligence. This significantly affects your recovery:

Your Fault Percentage Recovery
0% 100% of damages
10% 90% of damages
25% 75% of damages
49% 51% of damages
50% or more $0 – NO RECOVERY

Strategic Implication: The trucking company and their insurer will aggressively try to assign you 50%+ fault to bar recovery entirely. Proving THEIR violations of FMCSA regulations is essential to protecting your claim.

Damage Caps in Florida

Damage Type Cap Status Notes
Economic Damages No cap Full recovery of medical bills, lost wages
Non-Economic Damages No cap Pain and suffering fully recoverable
Punitive Damages 3x compensatory OR $500,000 Whichever is greater; requires clear and convincing evidence of gross negligence

Florida’s lack of caps on compensatory damages (unlike some states) means your full damages are recoverable with proper legal representation.

What to Do After a Duval County 18-Wheeler Accident

The moments and days after a trucking accident are critical—both for your health and your legal case. Here’s what you need to know.

Immediate Steps (If Able)

  1. Call 911 — Report the accident and request emergency medical services
  2. Seek medical attention — Even if injuries seem minor; adrenaline masks pain
  3. Document the scene — Photos and video of vehicles, road conditions, skid marks
  4. Gather information — Trucking company name, DOT number, driver CDL, witness contacts
  5. Do NOT give recorded statements — To any insurance company without attorney present
  6. Contact Attorney911 — Call 1-888-ATTY-911 immediately

Within 24-48 Hours

  • Follow all medical recommendations
  • Begin documenting your injuries and recovery
  • Keep a journal of pain levels, limitations, and how injuries affect daily life
  • Preserve all evidence (damaged clothing, personal items from vehicle)
  • Contact Attorney911 if you haven’t already—we send spoliation letters immediately

Critical Evidence We Preserve

Evidence Type Why It Matters Timeline Risk
ECM/Black Box Data Speed, braking, throttle before crash Overwrites in 30 days
ELD Records Hours of service, fatigue violations 6-month retention required
Dashcam Footage Visual record of crash and driver behavior Deleted in 7-14 days
Driver Qualification File Hiring negligence, training gaps Must be preserved once litigation anticipated
Maintenance Records Deferred repairs, known defects 1-year minimum retention
Cell Phone Records Distracted driving evidence Carrier-dependent; subpoena quickly
Surveillance Video Third-party footage of crash Overwrites in 7-30 days

Why Choose Attorney911 for Your Duval County Trucking Accident Case

Proven Results

Our track record speaks for itself:

Case Type Settlement/Verdict Range
Traumatic Brain Injury $1,548,000 – $9,838,000+
Spinal Cord Injury $4,770,000 – $25,880,000+
Amputation $1,945,000 – $8,630,000
Wrongful Death $1,910,000 – $9,520,000
Maritime/Jones Act Back Injury $2,000,000+
Commercial Trucking Accidents $2,500,000+

Total Client Recoveries: $50,000,000+

The Insurance Defense Advantage

Remember: our associate attorney Lupe Peña used to work FOR insurance companies. Now he works AGAINST them. That insider knowledge is your advantage.

As we tell every Duval County trucking accident client: “Our firm includes an attorney who used to work for insurance companies—now he fights against them. He knows their playbook.”

Client-First Philosophy

Don’t take our word for it. Here’s what our clients say:

“You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.” — Chad Harris

“They fought for me to get every dime I deserved.” — Glenda Walker

“One company said they would not accept my case. Then I got a call from Manginello… I got a call to come pick up this handsome check.” — Donald Wilcox

“I lost everything… 1 year later I have gained so much in return plus a brand new truck.” — Kiimarii Yup

“They solved in a couple of months what others did nothing about in two years.” — Angel Walle

24/7 Availability

Trucking accidents don’t happen on business hours. Neither do we stop working. Call 1-888-ATTY-911 any time, day or night. We answer.

Contact Attorney911 Today

If you or a loved one has been injured in an 18-wheeler accident in Duval County, don’t wait. The trucking company is already building their defense. Evidence is disappearing. You need an advocate who will fight for you with the same intensity the trucking company brings against you.

Call 1-888-ATTY-911 now for your free consultation.

Hablamos Español. Llame a Lupe Peña al 1-888-ATTY-911 para una consulta gratis.

With offices in Houston, Austin, and Beaumont, Attorney911 serves trucking accident victims throughout Texas, Florida, and across the United States. Ralph Manginello’s federal court admission and 25+ years of experience mean we can handle your case wherever it needs to be filed.

Your fight starts with one call: 1-888-ATTY-911. We answer. We fight. We win.

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