18-Wheeler & Trucking Accident Attorneys in Volusia County, Florida

When 80,000 Pounds Changes Everything

The impact was catastrophic. One moment you’re driving through Volusia County on I-95 or I-4, and the next, an 80,000-pound commercial truck has turned your life upside down. The physics are brutal—a fully loaded 18-wheeler carries 20 to 25 times the mass of your passenger vehicle. At highway speeds, that disparity becomes deadly.

Every 16 minutes, someone in America is injured in a commercial truck crash. In Volusia County, with its position along Florida’s busiest interstate corridors, the risk is even higher. The combination of high-speed freight traffic, tourist congestion, and our subtropical weather patterns creates dangerous conditions that trucking companies know about—but too often ignore.

If you’ve been hurt in an 18-wheeler accident in Volusia County, you’re facing more than physical recovery. You’re entering a fight against a trucking industry that has teams of lawyers, rapid-response investigators, and millions in insurance coverage—all working to minimize what they pay you. You need someone who fights back.

Why Volusia County 18-Wheeler Accidents Demand Specialized Legal Experience

Volusia County sits at a critical junction in Florida’s freight network. Interstate 95 runs the entire eastern length of the county, carrying freight from Miami to Jacksonville and beyond. Interstate 4 connects Daytona Beach to Orlando and Tampa, creating one of Florida’s most heavily traveled commercial corridors. State Road 40, US-1, and the Port of New Smyrna Beach add additional freight traffic to our roadways.

This density of commercial vehicle traffic means Volusia County residents face elevated risks. But it also means local juries understand trucking dangers—and local courts have seen these cases before. That matters when you’re seeking justice.

Ralph Manginello has spent over 25 years fighting for injury victims across Florida and Texas. Since 1998, he’s built a practice focused on holding powerful defendants accountable—from Fortune 500 corporations like BP in the Texas City refinery explosion litigation to major trucking companies operating on our nation’s highways. His federal court admission to the Southern District of Texas gives him the capability to handle complex interstate trucking cases that lesser-equipped firms cannot touch.

Our associate attorney, Lupe Peña, brings something even more valuable than credentials—insider knowledge. Before joining Attorney911, Lupe spent years working at a national insurance defense firm. He watched adjusters minimize claims. He saw how they train their people to lowball victims. Now he uses that knowledge to fight FOR you, not against you. When we say we know the insurance company’s playbook, we mean it—Lupe helped write it.

The 10 Parties Who May Owe You Compensation

Most law firms identify the truck driver and trucking company, then stop looking. That’s a mistake that costs victims millions. In 18-wheeler accidents, multiple parties often share responsibility—and each may carry separate insurance coverage. More defendants means more insurance pools means higher recovery for you.

Here are the ten potentially liable parties we investigate in every Volusia County trucking case:

1. The Truck Driver

The person behind the wheel may be personally liable for negligent driving—speeding, distraction, fatigue, impairment, or traffic violations. We examine their driving record, training history, and conduct at the scene.

2. The Trucking Company / Motor Carrier

Under Florida’s vicarious liability principles, employers are responsible for employees’ negligent acts within the scope of employment. Beyond that, trucking companies face direct liability for negligent hiring, training, supervision, and maintenance. They often carry $750,000 to $5 million in insurance—making them primary recovery targets.

3. The Cargo Owner / Shipper

Companies that own the freight being transported may be liable if they provided improper loading instructions, required overweight transport, failed to disclose hazardous materials, or pressured the carrier to expedite delivery unsafely.

4. The Cargo Loading Company

Third-party warehouses or loading facilities that physically place cargo on trucks may be liable for improper securement, unbalanced distribution, or failure to use required blocking and bracing. These violations of 49 CFR Part 393 directly cause rollover and loss-of-control accidents.

5. The Truck or Trailer Manufacturer

Design defects in braking systems, stability control, fuel tank placement, or structural components may create manufacturer liability. We investigate recall history and similar defect complaints through NHTSA databases.

6. The Parts Manufacturer

Companies that produce brakes, tires, steering components, or other parts may be liable when their defective products fail and cause accidents. Product liability claims against parts manufacturers can proceed even when the trucking company was also negligent.

7. The Maintenance Company

Third-party repair shops that service trucking fleets may be liable for negligent repairs, failure to identify critical safety issues, improper brake adjustments, or returning vehicles to service with known defects.

8. The Freight Broker

Brokers who arrange transportation without owning trucks may be liable for negligent carrier selection—failing to verify insurance, ignoring poor safety records, or choosing the cheapest carrier despite known risks.

9. The Truck Owner (If Different from Carrier)

In owner-operator arrangements, the individual or company that owns the truck may face negligent entrustment liability for allowing an unfit driver to operate their vehicle.

10. Government Entities

Federal, state, or local government may be liable for dangerous road design, inadequate maintenance, missing signage, or improper work zone setup. These claims face sovereign immunity limits and strict notice requirements—often as short as 6 months in Florida.

How Federal Regulations Prove Trucking Company Negligence

Commercial trucking is one of America’s most heavily regulated industries—and for good reason. When 80,000 pounds of steel travels at 70 miles per hour, the margin for error is zero. The Federal Motor Carrier Safety Administration (FMCSA) establishes strict rules governing every aspect of commercial vehicle operation. When trucking companies break these rules, they create the dangerous conditions that cause catastrophic accidents.

Here are the critical FMCSA regulations that prove negligence in Volusia County 18-wheeler accident cases:

49 CFR Part 390 — General Applicability

This section establishes who must comply with federal trucking regulations. Any vehicle with a Gross Vehicle Weight Rating (GVWR) over 10,001 pounds, designed to transport 16 or more passengers, or carrying hazardous materials requiring placards falls under FMCSA jurisdiction. Most 18-wheelers operating in Volusia County exceed 80,000 pounds—well above these thresholds.

49 CFR Part 391 — Driver Qualification Standards

Federal law establishes minimum qualifications for commercial drivers. A person cannot operate a CMV unless they are at least 21 years old (for interstate commerce), can read and speak English sufficiently, hold a valid Commercial Driver’s License (CDL), and possess a current medical examiner’s certificate.

Trucking companies must maintain a Driver Qualification (DQ) File for every driver containing employment applications, driving records, previous employer verifications, medical certifications, and drug test results. When companies fail to maintain these files, hire unqualified drivers, or ignore red flags in a driver’s history, they commit negligent hiring—a direct basis for liability.

49 CFR Part 392 — Driving of Commercial Motor Vehicles

This section establishes operational safety rules. Section 392.3 prohibits operating while fatigued, ill, or impaired—making BOTH the driver AND the trucking company liable when fatigued driving causes accidents. Section 392.4 and 392.5 prohibit drug and alcohol use. Section 392.6 prohibits scheduling runs that would require speeding. Section 392.11 requires safe following distances. Section 392.82 prohibits hand-held mobile phone use while driving.

49 CFR Part 393 — Parts and Accessories for Safe Operation

This section governs vehicle equipment and cargo securement. Section 393.40-55 establishes brake system requirements. Section 393.75 specifies tire requirements including minimum tread depth. Sections 393.100-136 establish comprehensive cargo securement standards requiring loads to be contained, immobilized, or secured to prevent leaking, spilling, or shifting.

Cargo must withstand 0.8g forward deceleration, 0.5g rearward acceleration, and 0.5g lateral forces. Tiedowns must have aggregate working load limits of at least 50% of cargo weight. These technical requirements provide objective standards for proving negligence when cargo shifts or spills cause accidents.

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

These are the most commonly violated regulations in trucking accidents. For property-carrying drivers, federal law limits driving to 11 hours after 10 consecutive hours off duty. Drivers cannot drive beyond the 14th consecutive hour after coming on duty. A 30-minute break is required after 8 cumulative hours of driving. Weekly limits restrict driving to 60 hours in 7 days or 70 hours in 8 days, with a 34-hour restart available.

Since December 18, 2017, Electronic Logging Devices (ELDs) have been federally mandated for most CMV drivers. These devices automatically record driving time, synchronize with vehicle engines, and cannot be altered after the fact. ELD data provides objective proof of hours-of-service violations and is critical evidence in fatigue-related accident cases.

49 CFR Part 396 — Inspection, Repair, and Maintenance

This section requires motor carriers to systematically inspect, repair, and maintain all CMVs. Section 396.11 requires drivers to prepare written post-trip reports covering service brakes, parking brake, steering mechanism, lighting devices, tires, horn, windshield wipers, mirrors, coupling devices, wheels and rims, and emergency equipment.

Section 396.17 requires annual comprehensive inspections covering 16+ systems, with inspection decals displayed and records retained for 14 months. Section 396.3 requires maintenance records showing identification, inspection schedules, and repair history, retained for one year.

When trucking companies defer maintenance, ignore driver inspection reports, or fail to keep required records, they create direct liability for accidents caused by mechanical failures.

The 48-Hour Evidence Preservation Protocol

In 18-wheeler accident cases, evidence disappears fast. While you’re recovering in a Volusia County hospital, the trucking company is already working to protect their interests. They have rapid-response teams that arrive at accident scenes within hours—sometimes before the ambulance leaves. Their goal: control the narrative and minimize liability.

Critical Evidence Timelines:

The Spoliation Letter: Your Evidence Shield

Within 24-48 hours of being retained, we send formal spoliation letters to the trucking company, their insurer, and all potentially liable parties. This legal notice demands preservation of:

• ECM/Black box data and ELD records
• Driver Qualification Files
• Maintenance and inspection records
• Dispatch logs and communications
• Cell phone records
• Dashcam and surveillance footage
• The physical truck and trailer themselves

Once this letter is sent, destroying evidence becomes spoliation—a serious legal violation. Courts can instruct juries to assume destroyed evidence was unfavorable, impose monetary sanctions, or even enter default judgment. The spoliation letter transforms the trucking company’s incentive from “hide the evidence” to “preserve everything.”

Why Immediate Action Matters

We’ve seen cases where critical ECM data was overwritten because victims waited two weeks to call an attorney. We’ve seen dashcam footage deleted because no preservation demand was made within days. In one case, a trucking company sold the accident vehicle to a scrap yard before we could inspect the brakes—evidence lost forever.

The trucking company has lawyers working right now. What are you doing?

Catastrophic Injuries: When Life Changes Forever

The physics of 18-wheeler accidents make catastrophic injuries the norm, not the exception. An 80,000-pound truck traveling at 65 mph carries approximately 80 times the kinetic energy of a passenger vehicle. When that energy transfers to the human body, the results are devastating.

Traumatic Brain Injury (TBI)

Brain injuries occur when sudden trauma causes the brain to impact the inside of the skull. In trucking accidents, the extreme forces involved—whether from direct impact, violent shaking, or penetration—cause damage that can permanently alter cognition, personality, and function.

Severity levels:

• Mild (Concussion): Confusion, headache, brief loss of consciousness. May seem to resolve but can cause lasting effects including memory problems and mood changes.

• Moderate: Extended unconsciousness, significant memory problems, cognitive deficits. Requires intensive rehabilitation; significant recovery possible but often incomplete.

• Severe: Extended coma, permanent cognitive impairment, potential vegetative state. Lifelong disability requiring 24/7 care; personality and cognitive function permanently altered.

Common symptoms include headaches, dizziness, nausea, memory loss, difficulty concentrating, mood changes, depression, anxiety, sleep disturbances, sensory problems, and speech difficulties. Long-term consequences include permanent cognitive impairment, inability to work, increased dementia risk, and profound personality changes.

Our firm has recovered between $1,548,000 and $9,838,000 for traumatic brain injury victims. These figures represent not just medical costs, but compensation for a life permanently altered.

Spinal Cord Injury and Paralysis

Damage to the spinal cord disrupts communication between brain and body, often resulting in paralysis. The level of injury determines the extent of disability—higher injuries affect more body functions.

Types of paralysis:

• Paraplegia: Loss of function below the waist. Cannot walk; may affect bladder, bowel, and sexual function.

• Quadriplegia: Loss of function in all four limbs. Cannot walk or use arms; may require breathing assistance; affects virtually all bodily functions.

• Incomplete injury: Some nerve function remains below injury level. Variable outcomes—may retain some sensation or movement.

• Complete injury: No nerve function below injury level. Total loss of sensation and voluntary movement.

Lifetime care costs are staggering: $1.1 million to $2.5 million for paraplegia, $3.5 million to $5 million+ for quadriplegia. These figures represent direct medical costs only—not lost wages, pain and suffering, or loss of quality of life.

Amputation

Traumatic amputation occurs when limbs are severed at the scene due to crushing forces. Surgical amputation becomes necessary when limbs are too severely damaged to save, often due to infections, severe burns, or vascular damage.

The ongoing medical needs are extensive: initial surgery and hospitalization, prosthetic limbs ($5,000-$50,000+ each, with replacements needed throughout life), physical and occupational therapy, psychological counseling, and home modifications. The impact on life includes permanent disability, career limitations, phantom limb pain, body image trauma, and dependency on others for daily activities.

Our firm has secured between $1,945,000 and $8,630,000 for amputation victims.

Severe Burns

Burns in trucking accidents typically result from fuel tank ruptures and fires, hazmat cargo spills and ignition, electrical fires from damaged wiring, or chemical burns from hazardous materials. Classification ranges from first-degree (epidermis only) to fourth-degree (through skin to muscle and bone), with third and fourth degrees requiring skin grafts, multiple surgeries, and leaving permanent scarring and disfigurement.

Internal Organ Damage and Wrongful Death

Liver lacerations, spleen damage, kidney trauma, lung collapse, and internal bleeding require emergency surgery and can cause lifelong health complications. When these injuries prove fatal, surviving family members may pursue wrongful death claims for lost income, loss of companionship, mental anguish, funeral expenses, and in cases of gross negligence, punitive damages.

The Insurance Battle: Why Trucking Cases Are Different

Federal law requires commercial trucking companies to carry minimum liability insurance far exceeding typical auto policies. These minimums create the foundation for meaningful recovery in catastrophic injury cases:

Many carriers carry $1-5 million or more in coverage. This higher coverage means catastrophic injuries can actually be compensated, rather than leaving victims with unpaid medical bills and financial ruin.

But accessing these policies requires knowing how trucking law works. Insurance companies don’t pay maximum coverage without a fight. They employ teams of adjusters trained to minimize claims, delay proceedings, and exploit any weakness in your case.

That’s where our insider advantage becomes your weapon. Lupe Peña spent years on the other side. He knows exactly how insurance companies evaluate claims, what makes them settle, and when they’re bluffing. He recognizes their manipulation tactics immediately because he watched them develop. Now he exposes those tactics and uses his insider knowledge to fight for maximum compensation.

What to Do After an 18-Wheeler Accident in Volusia County

The hours and days after a trucking accident are critical—not just for your health, but for your legal rights. Here’s what you need to do:

Immediate Steps (If You’re Able):

• Call 911 and report the accident. Ensure police document the scene and create an official report.
• Seek medical attention immediately, even if injuries seem minor. Adrenaline masks pain, and internal injuries may not show symptoms for hours or days.
• Document everything with photos and video: all vehicles involved, damage to each vehicle, the accident scene, road conditions, traffic signals, weather conditions, and your injuries.
• Get the trucking company name, DOT number (displayed on the truck), driver information, and insurance details.
• Collect witness contact information. Independent witnesses are invaluable for proving what happened.
• Do NOT give recorded statements to any insurance company. Adjusters are trained to get you to say things that hurt your case.
• Call an 18-wheeler accident attorney immediately.

Critical Timeline:

Evidence in trucking cases disappears fast. Black box data can be overwritten in 30 days. Dashcam footage is often deleted within 7-14 days. Surveillance video from nearby businesses typically overwrites in 7-30 days. Witness memories fade within weeks.

When you call Attorney911, we send spoliation letters within 24-48 hours to preserve all evidence before it’s lost. This immediate action can make the difference between winning and losing your case.

Frequently Asked Questions About Volusia County Trucking Accidents

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

Florida law gives you four years from the date of your trucking accident to file a personal injury lawsuit. For wrongful death claims, the deadline is two years. However, you should never wait. Evidence disappears quickly in trucking cases, and the sooner you contact us, the stronger your case will be.

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

Case values depend on injury severity, medical expenses, lost income, pain and suffering, degree of negligence, and available insurance coverage. Trucking companies carry $750,000 to $5 million or more in coverage—far exceeding typical auto policies. We’ve recovered multi-million dollar settlements for catastrophic injury victims.

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 were not more than 50% responsible. Your recovery would be reduced by your percentage of fault. Our job is to investigate thoroughly, gather objective evidence (especially ECM and ELD data), and prove what really happened. Drivers often lie to protect their jobs—the data tells the true story.

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.

Do I need to pay anything upfront to hire your firm?

No. We work on contingency—you pay nothing unless we win your case. We advance all costs of investigation and litigation. You never receive a bill from us. When we win, our fee comes from the recovery, not your pocket.

Hablamos Español?

Sí. Our associate attorney Lupe Peña is fluent in Spanish and provides direct representation without interpreters. If you or a family member prefers Spanish, call Lupe directly at 1-888-ATTY-911.

Your Fight Starts With One Call

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 may already be at the accident scene.

What are you doing?

At Attorney911, we don’t let trucking companies push Volusia County families around. Ralph Manginello has spent 25+ years making them pay—millions of times over. Our team includes a former insurance defense attorney who knows every tactic they’ll use against you. And we have the federal court experience, the resources, and the determination to take your case as far as it needs to go.

You didn’t ask for this fight. But now you have to win it.

Call Attorney911 now at 1-888-ATTY-911 (1-888-288-9911). We answer 24/7. The consultation is free. You pay nothing unless we win. And we’ll send a preservation letter today to protect the evidence that will prove your case.

Don’t let the trucking company win. Don’t let them get away with it. Your family. Your future. Your fight. Let’s win it together.

Attorney911 | The Manginello Law Firm
1-888-ATTY-911 | ralph@atty911.com
Serving Volusia County and all of Florida