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:
- Are at least 21 years old (interstate) or 18 years old (intrastate)
- Can read and speak English sufficiently
- Can safely operate the CMV and cargo type
- Are physically qualified under § 391.41
- Have a valid commercial motor vehicle operator’s license (CDL)
- Have completed a driver’s road test or equivalent
- Are not disqualified under § 391.15 (violations, suspensions)
- 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:
- Under the influence of any Schedule I substance
- Under the influence of an amphetamine, narcotic, or any substance that renders them incapable of safe driving
- Possessing a Schedule I substance (unless prescription)
49 CFR § 392.5 – Alcohol:
A driver shall not:
- Use alcohol within 4 hours before going on duty or operating a CMV
- Use alcohol while on duty or operating a CMV
- Be under the influence of alcohol (.04 BAC or higher) while on duty
- 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)
- Call 911 — Report the accident and request emergency medical services
- Seek medical attention — Even if injuries seem minor; adrenaline masks pain
- Document the scene — Photos and video of vehicles, road conditions, skid marks
- Gather information — Trucking company name, DOT number, driver CDL, witness contacts
- Do NOT give recorded statements — To any insurance company without attorney present
- 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.