18-Wheeler & Trucking Accident Attorneys in Indian River County, Florida

When 80,000 Pounds Changes Everything: Your Fight Starts Here

The impact was catastrophic. One moment you’re driving through Indian River County on I-95 or US-1, and the next an 80,000-pound commercial truck has shattered your world. The physics are brutal—a fully loaded 18-wheeler carries 20 to 25 times the mass of your passenger vehicle. At highway speeds, that truck needs nearly two football fields to stop. You didn’t stand a chance.

Every 16 minutes, someone in America is injured in a commercial truck crash. In Indian River County, Florida, our position along the Atlantic coast and our connection to major freight corridors makes us particularly vulnerable. The trucking companies know this. They have rapid-response teams, teams of lawyers, and millions in insurance coverage. They’re already working to protect their interests—while you’re still in the hospital.

We’re Attorney911, and we fight back. Ralph Manginello has spent over 25 years making trucking companies pay for the devastation they cause. Our firm has recovered over $50 million for families across the country, including multi-million dollar settlements for traumatic brain injury victims, amputees, and families who lost loved ones to trucking negligence. We know Indian River County’s courts, its trucking corridors, and how to build cases that win.

The clock is already ticking. Black box data can be overwritten in 30 days. Witnesses forget. Evidence disappears. Call us now at 1-888-ATTY-911 before it’s too late.

Why Indian River County 18-Wheeler Accidents Demand Specialized Legal Experience

Indian River County sits at a critical junction of Florida’s freight network. Interstate 95—the backbone of the East Coast’s commercial transportation system—runs directly through our communities, carrying everything from produce to hazardous materials. US-1, the historic coastal highway, remains a vital corridor for regional distribution. The Port of Fort Pierce and connections to Port Canaveral create additional trucking density as cargo moves between ships and inland destinations.

This geographic reality means Indian River County residents face elevated risks from commercial truck traffic. The Florida Department of Transportation reports that I-95 through Indian River County carries tens of thousands of commercial vehicles annually. When these trucks crash, the consequences are devastating.

But here’s what most people don’t know: trucking accidents aren’t just “big car accidents.” They’re governed by a complex web of federal regulations that most personal injury attorneys don’t fully understand. The Federal Motor Carrier Safety Administration (FMCSA) mandates everything from how long drivers can operate to how cargo must be secured. Violations of these regulations—49 CFR Parts 390 through 399—are often the key to proving negligence and maximizing recovery.

Ralph Manginello has been navigating these regulations since 1998. When he takes your Indian River County trucking case, he’s not learning FMCSA rules on the fly—he’s applying decades of experience. Our associate attorney Lupe Peña brings an additional advantage: he spent years working as an insurance defense attorney before joining our firm. He knows exactly how trucking insurers evaluate claims, what tactics they use to minimize payouts, and how to counter every strategy they deploy.

This combination—federal regulatory expertise plus insider insurance knowledge—is why we’ve recovered multi-million dollar settlements that other firms couldn’t achieve. It’s why we can take cases other lawyers reject. And it’s why Indian River County trucking accident victims trust Attorney911.

The 10 Potentially Liable Parties in Your Indian River County Trucking Accident

Most law firms look at a trucking accident and see two potential defendants: the driver and the trucking company. We see ten. And every additional liable party means another insurance policy, another pool of recovery, and a better chance at full compensation for your injuries.

Here’s who we investigate in every Indian River County 18-wheeler case:

1. The Truck Driver

The obvious starting point. We examine whether the driver was speeding, distracted, fatigued, or impaired. We subpoena cell phone records to prove distraction. We analyze ELD data to prove hours-of-service violations. We review the driver’s history for patterns of reckless behavior.

2. The Trucking Company / Motor Carrier

This is often where the real money is. Under respondeat superior, employers are liable for employees’ negligent acts. But we also pursue direct negligence claims: negligent hiring (did they check the driver’s record?), negligent training (did they teach proper safety procedures?), negligent supervision (did they monitor HOS compliance?), and negligent maintenance (did they keep the truck safe?).

3. The Cargo Owner / Shipper

The company that owned the cargo being transported may be liable if they provided improper loading instructions, required overweight loading, or failed to disclose hazardous materials. We examine shipping contracts and communications.

4. The Cargo Loading Company

Third-party loaders who physically placed cargo on the truck can be liable for improper securement. Under 49 CFR § 393.100-136, cargo must be properly tied down with adequate working load limits. Shifting cargo causes rollovers and jackknifes.

5. The Truck and Trailer Manufacturer

Defective design or manufacturing can create liability. We investigate whether brake systems, stability control, fuel tank placement, or other design elements contributed to the crash. We research recall history and similar complaints.

6. The Parts Manufacturer

Companies that made specific components—brakes, tires, steering systems—may be liable for defective products. We preserve failed components for expert analysis.

7. The Maintenance Company

Third-party mechanics who serviced the truck can be liable for negligent repairs. If they failed to identify critical safety issues or performed substandard work, they share responsibility.

8. The Freight Broker

Brokers who arranged the transportation may be liable for negligent carrier selection. If they chose a carrier with a poor safety record or failed to verify insurance and authority, they can be held accountable.

9. The Truck Owner (If Different from Carrier)

In owner-operator arrangements, the individual who owns the truck may have separate liability for negligent entrustment or failure to maintain equipment.

10. Government Entities

Federal, state, or local government may be liable for dangerous road design, inadequate maintenance, or failure to install safety barriers. These cases have special procedural requirements and shorter deadlines.

Why This Matters for Your Indian River County Case:

Every liable party represents another insurance policy. Trucking companies carry $750,000 to $5 million. Shippers and brokers often have additional coverage. Manufacturers may have product liability policies. By investigating all ten potential defendants, we maximize the available recovery for your injuries.

Most firms don’t do this. They take the easy route—sue the driver and trucking company, settle for policy limits, and move on. We dig deeper. Because you deserve every dollar you’re owed.

FMCSA Regulations: The Rules Trucking Companies Break That Win Your Case

The Federal Motor Carrier Safety Administration doesn’t make suggestions—it makes laws. When trucking companies violate these regulations, they’re not just cutting corners. They’re breaking federal law. And that violation is powerful evidence of negligence in your Indian River County case.

Here are the critical FMCSA regulations we investigate in every trucking accident:

49 CFR Part 390 — General Applicability

This establishes who must comply with federal trucking regulations. If the vehicle has a GVWR over 10,001 pounds, transports 16+ passengers, or carries hazardous materials requiring placards, federal rules apply. Many trucking companies try to claim exemptions—we shut that down immediately.

49 CFR Part 391 — Driver Qualification

The Rule: Trucking companies must verify that every driver is qualified to operate commercial vehicles.

What We Look For:

Was the driver at least 21 years old (for interstate commerce)?
Did they hold a valid Commercial Driver’s License (CDL)?
Did they pass a DOT medical examination within the last 24 months?
Did the company verify the driver’s three-year employment history?
Did they check the driver’s Motor Vehicle Record for violations?
Was the driver disqualified for any reason (DUI, excessive speeding, etc.)?

Why It Matters: If the trucking company hired an unqualified driver or failed to maintain proper records, that’s negligent hiring—a direct path to corporate liability.

49 CFR Part 392 — Driving Rules

The Rule: Drivers must operate vehicles safely and responsibly.

Critical Violations:

§ 392.3 — Ill or Fatigued Operator: No driver shall operate while impaired by fatigue, illness, or any cause making operation unsafe.
§ 392.4 — Drugs: Prohibits operating under the influence of any Schedule I substance or any drug rendering the driver incapable of safe operation.
§ 392.5 — Alcohol: Prohibits alcohol use within 4 hours of duty, alcohol while on duty, or operating with BAC of .04 or higher.
§ 392.6 — Speeding: Carriers cannot schedule runs requiring speeds exceeding posted limits.
§ 392.11 — Following Too Closely: Drivers must maintain reasonable and prudent following distance.
§ 392.80 — Texting: Prohibited while driving.
§ 392.82 — Mobile Phone Use: Hand-held mobile telephone use prohibited while driving.

Why It Matters: These are the rules drivers break that cause accidents. We prove violations through ELD data, cell phone records, and witness testimony.

49 CFR Part 393 — Vehicle Safety and Cargo Securement

The Rule: Equipment must be maintained and cargo must be secured.

Critical Requirements:

§ 393.40-55 — Brake Systems: All CMVs must have properly functioning service brakes, parking brakes, and emergency brakes. Air brake systems have specific requirements.
§ 393.75 — Tires: Minimum tread depth requirements (4/32″ steer tires, 2/32″ other positions). No fabric showing. Proper inflation required.
§ 393.80 — Mirrors: Must provide clear view to rear on both sides.
§ 393.86 — Rear Impact Guards: Required on trailers manufactured after January 26, 1998. Must prevent underride at 30 mph impact.
§ 393.100-136 — Cargo Securement: Comprehensive rules for securing all types of cargo. Performance criteria require securement systems to withstand 0.8g forward deceleration, 0.5g rearward acceleration, 0.5g lateral force, and 20% of cargo weight downward.

Why It Matters: Brake failures cause 29% of truck accidents. Improper cargo securement causes rollovers and jackknifes. We subpoena maintenance records and inspect failed components.

49 CFR Part 395 — Hours of Service

The Rule: Limits driving time to prevent fatigue-related accidents.

Property-Carrying Drivers (Most 18-Wheelers):

11-Hour Driving Limit: Cannot drive more than 11 hours after 10 consecutive hours off duty
14-Hour Duty Window: Cannot drive beyond 14th consecutive hour after coming on duty
30-Minute Break: Required after 8 cumulative hours of driving
60/70-Hour Weekly Limit: Cannot drive after 60 hours in 7 days or 70 hours in 8 days
34-Hour Restart: Off-duty period of at least 34 consecutive hours resets weekly limits

Electronic Logging Device (ELD) Mandate:
Since December 18, 2017, most CMV drivers must use ELDs that automatically record driving time, synchronize with the vehicle engine, and cannot be altered after the fact.

Why It Matters: Fatigued driving causes approximately 31% of fatal truck crashes. ELD data proves whether the driver violated these rules—and we obtain this data immediately through spoliation letters.

49 CFR Part 396 — Inspection, Repair, and Maintenance

The Rule: Vehicles must be systematically inspected and maintained.

Key Requirements:

§ 396.3: Every motor carrier must systematically inspect, repair, and maintain all vehicles under its control
§ 396.11: Drivers must prepare written post-trip inspection reports covering: service brakes, parking brake, steering mechanism, lighting devices, tires, horn, windshield wipers, rear vision mirrors, coupling devices, wheels and rims, emergency equipment
§ 396.13: Drivers must be satisfied the vehicle is in safe operating condition before driving
§ 396.17: Annual comprehensive inspection required for all CMVs
§ 396.3(a)(1): Maintenance records must be retained for 1 year

Why It Matters: Deferred maintenance kills people. When trucking companies skip inspections to save money, they create deadly hazards. We subpoena every maintenance record and inspection report.

The 48-Hour Evidence Preservation Protocol: Why Immediate Action Saves Indian River County Cases

Evidence in 18-wheeler accidents doesn’t just fade—it disappears. Trucking companies have rapid-response teams that arrive at crash scenes before the ambulance leaves. Their job isn’t to help you. It’s to protect the company.

Critical Evidence Destruction Timeline:

Evidence Type	Destruction Risk
ECM/Black Box Data	Overwrites in 30 days or with new driving events
ELD Hours-of-Service Records	FMCSA only requires 6-month retention
Dashcam Footage	Often deleted within 7-14 days
Surveillance Video from Nearby Businesses	Typically overwrites in 7-30 days
Witness Memories	Degrade significantly within weeks
Physical Evidence	Vehicles repaired, sold, or scrapped
Driver Drug/Alcohol Tests	Must be conducted within specific windows

The Spoliation Letter: Your Shield Against Evidence Destruction

Within 24 hours of being retained, we send formal spoliation letters to every potentially liable party. This legal notice demands preservation of:

ECM/EDR data and ELD records
Driver Qualification Files
Vehicle maintenance and inspection records
Dispatch logs and communications
Drug and alcohol test results
Dashcam and surveillance footage
Cell phone records
GPS and telematics data

Once a party receives our spoliation letter, 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.

Why Indian River County Victims Can’t Wait

Indian River County’s location along Florida’s Atlantic coast creates unique evidence challenges. The humid subtropical climate can degrade physical evidence quickly. Tourist traffic means witnesses may leave the area before being identified. And the county’s position on I-95—a primary corridor for freight moving between Miami and the Northeast—means trucking companies have well-practiced rapid-response protocols for this exact stretch of highway.

If you’ve been hurt in an Indian River County trucking accident, every hour you wait gives the trucking company more time to build their defense. Call 1-888-ATTY-911 now. We’ll send preservation letters today.

Catastrophic Injuries: When 18-Wheeler Accidents Change Everything

The forces involved in commercial truck collisions don’t just cause injuries—they cause catastrophic, life-altering trauma. Understanding these injuries, their long-term consequences, and their settlement values is essential for Indian River County victims seeking full compensation.

Traumatic Brain Injury (TBI)

What It Is: TBI occurs when sudden trauma causes the brain to impact the inside of the skull. In 18-wheeler accidents, the extreme deceleration forces—even with seatbelts and airbags—can cause the brain to slam against the cranial vault.

Severity Levels:

Level	Symptoms	Long-Term Impact
Mild (Concussion)	Brief confusion, headache, nausea	Usually resolves, but may cause lasting cognitive issues
Moderate	Extended unconsciousness, memory problems	Significant recovery possible with rehabilitation; may affect employment
Severe	Extended coma, permanent cognitive impairment	Lifelong disability; may require 24/7 care

Common Symptoms: Headaches, dizziness, memory loss, difficulty concentrating, mood changes, depression, anxiety, sleep disturbances, sensory problems, speech difficulties, personality changes.

Settlement Range: $1,548,000 – $9,838,000+ (based on Attorney911 documented results)

Why TBI Cases Require Specialized Attorneys: TBI symptoms often don’t appear immediately. Insurance companies exploit this delay, arguing injuries aren’t accident-related. We work with neurologists, neuropsychologists, and life care planners to document the full scope of injury and project lifetime care costs.

Spinal Cord Injury

What It Is: Damage to the spinal cord disrupts communication between the brain and body, often resulting in paralysis. The extreme forces in 18-wheeler collisions—particularly underride accidents where vehicles slide under trailers—frequently sever or compress the spinal cord.

Types of Paralysis:

Type	Definition	Impact on Daily Life
Paraplegia	Loss of function below the waist	Cannot walk; may affect bladder/bowel control; requires wheelchair
Quadriplegia	Loss of function in all four limbs	Cannot walk or use arms; may need ventilator; requires 24/7 care
Incomplete Injury	Some nerve function remains	Variable—may have some sensation or movement; rehabilitation potential
Complete Injury	No nerve function below injury level	Total loss; permanent disability

Level of Injury Matters: Higher injuries (cervical spine, C1-C4) affect more body functions and may require mechanical ventilation. Lower injuries (lumbar) preserve arm function but affect mobility.

Lifetime Care Costs:

Paraplegia: $1.1 million – $2.5 million+ (direct medical costs only)
Quadriplegia: $3.5 million – $5 million+ (direct medical costs only)

These figures don’t include lost wages, home modifications, or pain and suffering.

Settlement Range: $4,770,000 – $25,880,000+

Amputation

Types in 18-Wheeler Accidents:

Traumatic Amputation: Limb severed at the scene by crash forces or entrapment
Surgical Amputation: Limb too damaged to save, removed surgically due to crushing, burns, or infection

Common Causes in Trucking Accidents: Crushing forces from impact, entrapment requiring amputation for extraction, severe burns, infections from open wounds, “degloving” injuries from friction.

Ongoing Medical Needs:

Initial surgery and hospitalization
Prosthetic limbs ($5,000 – $50,000+ each)
Replacement prosthetics throughout lifetime (every 3-5 years typically)
Physical and occupational therapy
Psychological counseling for body image and trauma
Home modifications (ramps, bathroom adaptations)

Impact on Life: Permanent disability, career limitations or total disability, phantom limb pain, dependency on others for daily activities, significant psychological trauma.

Settlement Range: $1,945,000 – $8,630,000

Severe Burns

How Burns Occur in 18-Wheeler Accidents:

Fuel tank rupture and fire (post-collision fires)
Hazardous materials cargo spills and ignition
Electrical fires from damaged battery/wiring
Friction burns from road contact during ejection
Chemical burns from hazmat exposure

Burn Classification:

Degree	Depth	Treatment Required
First	Epidermis only	Minor, heals without scarring
Second	Epidermis and dermis	May scar; may need grafting
Third	Full thickness (all skin layers)	Requires skin grafts; permanent scarring
Fourth	Through skin to muscle, bone, or organs	Multiple surgeries; possible amputation; life-threatening

Long-Term Consequences: Permanent scarring and disfigurement, multiple reconstructive surgeries, skin graft procedures, chronic pain, infection risks, significant psychological trauma, loss of function in affected areas.

Internal Organ Damage

Common Internal Injuries in Trucking Accidents:

Liver laceration or rupture (from impact or seatbelt compression)
Spleen damage requiring removal (highly vascular, prone to rupture)
Kidney damage (from flank impact)
Lung contusion or collapse (pneumothorax from chest trauma)
Internal bleeding/hemorrhage (often life-threatening)
Bowel and intestinal damage (from crushing forces)

Why Particularly Dangerous: May not show immediate symptoms (adrenaline masks pain), internal bleeding can become life-threatening quickly, requires emergency surgery, organ removal affects long-term health and function, difficult to diagnose without proper imaging.

Wrongful Death

When a Trucking Accident Kills:

Nothing can replace your loved one. But Florida law allows surviving family members to recover compensation and hold negligent parties accountable when a trucking company’s carelessness causes a death.

Who Can Bring a Wrongful Death Claim in Florida:

Surviving spouse
Children (minor and adult)
Parents (especially if no spouse or children)
Personal representative of the estate

Types of Claims:

Wrongful Death Action: Compensation for survivors’ losses (lost support, companionship, mental anguish)
Survival Action: Compensation for the decedent’s pain and suffering before death, medical expenses, lost earnings

Damages Available:

Lost future income and benefits the decedent would have earned
Loss of consortium (spousal companionship, care, protection)
Loss of parental guidance and nurturing (for surviving children)
Mental anguish and emotional suffering of survivors
Funeral and burial expenses
Medical expenses incurred before death
Pain and suffering experienced by decedent before death
Punitive damages (in cases of gross negligence, recklessness, or intentional misconduct)

Settlement Range: $1,910,000 – $9,520,000+

Florida’s Wrongful Death Statute of Limitations: 2 years from date of death. This is shorter than the 4-year general personal injury statute of limitations in Florida. Do not wait.

The 15 Types of 18-Wheeler Accidents We Handle in Indian River County

Not all trucking accidents are the same. Each type involves different dynamics, different liable parties, and different FMCSA violations. Our experience with every accident type means we know exactly what evidence to pursue and what arguments win.

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. The trailer swings out perpendicular to the cab, often sweeping across multiple lanes of traffic.

Why It Happens in Indian River County: I-95’s high-speed traffic and occasional wet conditions from Florida’s afternoon thunderstorms create perfect conditions for jackknifes when drivers brake improperly. The mix of tourist traffic unfamiliar with the highway and aggressive commercial schedules compounds the risk.

Common Causes: Sudden or improper braking, especially on wet roads; speeding, particularly on curves; empty or lightly loaded trailers (more prone to swing); improperly loaded or unbalanced cargo; brake system failures; driver inexperience with emergency maneuvers.

FMCSA Violations: 49 CFR § 393.48 (brake system malfunction), 49 CFR § 393.100 (improper cargo securement), 49 CFR § 392.6 (speeding for conditions).

Injuries: Multiple vehicle involvement often leads to TBI, spinal cord injuries, crushing injuries, and wrongful death.

Rollover Accidents

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

Why It Happens in Indian River County: While Florida’s terrain is generally flat, the combination of high crosswinds on I-95’s elevated sections, sudden lane changes to avoid merging traffic, and top-heavy loads creates rollover risk. The transition ramps between I-95 and US-1 are particularly dangerous for improperly loaded trucks.

Common Causes: Speeding on curves, ramps, or turns; taking turns too sharply at excessive speed; improperly secured or unevenly distributed cargo; liquid cargo “slosh” shifting center of gravity; overcorrection after tire blowout or lane departure; driver fatigue causing delayed reaction.

FMCSA Violations: 49 CFR § 393.100-136 (cargo securement violations), 49 CFR § 392.6 (exceeding safe speed), 49 CFR § 392.3 (operating while fatigued).

Injuries: Crushed vehicles beneath trailer, multiple vehicle involvement, fuel fires causing severe burns, TBI from impact, spinal cord injuries, wrongful death.

Underride Collisions

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

Why It Happens in Indian River County: I-95’s heavy traffic volume and frequent stop-and-go conditions create rear-end underride risk. The mix of local commuters, tourists unfamiliar with exit patterns, and aggressive truck schedules leads to sudden braking situations. Side underrides occur during lane changes near the multiple interchanges connecting to US-1 and State Road 60.

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

Common Causes: Inadequate or missing underride guards; worn or damaged rear impact guards; truck sudden stops without adequate warning; low visibility conditions (night, fog, rain—common in Florida); truck lane changes into blind spots; wide right turns cutting off traffic; inadequate rear lighting or reflectors.

FMCSA/NHTSA Requirements: 49 CFR § 393.86 requires rear impact guards on trailers manufactured after January 26, 1998. Guards must prevent underride at 30 mph impact. NO FEDERAL REQUIREMENT for side underride guards (advocacy ongoing).

Injuries: Decapitation, severe head and neck trauma, death of all vehicle occupants, traumatic brain injury, spinal cord severance. These accidents are almost always fatal or catastrophic.

Rear-End Collisions

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

Why It Happens in Indian River County: I-95’s high-speed, high-volume traffic creates constant rear-end risk. Florida’s afternoon thunderstorms reduce visibility and traction suddenly. Tourist traffic unfamiliar with local patterns brakes unexpectedly. And truck drivers pushing schedules to reach Port Canaveral or Miami deadlines follow too closely.

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

Common Causes: Following too closely (tailgating); driver distraction (cell phone, dispatch communications); driver fatigue and delayed reaction; excessive speed for traffic conditions; brake failures from poor maintenance; failure to anticipate traffic slowdowns; impaired driving.

FMCSA Violations: 49 CFR § 392.11 (following too closely), 49 CFR § 392.3 (operating while fatigued), 49 CFR § 392.82 (mobile phone use), 49 CFR § 393.48 (brake system deficiencies).

Injuries: Whiplash, spinal cord injuries, TBI from impact, internal organ damage, crushing injuries when vehicle is pushed into other objects, wrongful death.

Wide Turn Accidents (“Squeeze Play”)

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

Why It Happens in Indian River County: The mix of local streets connecting to US-1 and I-95 ramps creates tight turning situations. Older road designs in communities like Vero Beach and Sebastian weren’t built for modern 53-foot trailers. And the constant flow of trucks serving agricultural operations and retail distribution creates frequent right-turn scenarios at intersections throughout the county.

Why Trucks Make Wide Turns: 18-wheelers need significant space to complete turns. The trailer tracks inside the path of the cab. Drivers must swing wide to avoid curbs, signs, or buildings.

Common Causes: Failure to properly signal turning intention; inadequate mirror checks before and during turn; improper turn technique (swinging too early or too wide); driver inexperience with trailer tracking; failure to yield right-of-way when completing turn; poor intersection design forcing wide turns.

FMCSA Violations: 49 CFR § 392.11 (unsafe lane changes), 49 CFR § 392.2 (failure to obey traffic signals), state traffic law violations for improper turns.

Injuries: Crushing injuries from being caught between truck and curb/building, sideswipe injuries, pedestrian and cyclist fatalities, TBI, amputations.

Blind Spot Accidents (“No-Zone”)

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

Why It Happens in Indian River County: I-95’s high-speed, multi-lane configuration requires constant lane changes. The mix of local commuters, tourists, and commercial traffic creates unpredictable merging patterns. And Florida’s bright sunlight and sudden rain showers create visibility challenges that exacerbate blind spot risks.

The Four No-Zones:

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

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

Common Causes: Failure to check mirrors before lane changes; improperly adjusted or damaged mirrors; inadequate mirror checking during sustained maneuvers; driver distraction during lane changes; driver fatigue affecting situational awareness; failure to use turn signals.

FMCSA Requirements: 49 CFR § 393.80 requires mirrors to provide clear view to rear on both sides. Proper mirror adjustment is part of driver pre-trip inspection.

Injuries: Sideswipe injuries causing vehicle loss of control, rollover of passenger vehicle, crushing injuries, ejection from vehicle, TBI, spinal injuries.

Tire Blowout Accidents

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

Why It Happens in Indian River County: Florida’s extreme heat—particularly during summer months when pavement temperatures exceed 140°F—causes tire overheating and failure. The combination of high speeds on I-95, heavy loads, and underinflation creates blowout conditions. And the debris from blowouts on busy highways causes secondary accidents as drivers swerve to avoid “road gators” (tire debris).

Statistics: Truck tire blowouts cause 11,000+ crashes yearly, with 738 fatalities in 2017 (most recent comprehensive data). 18-wheelers have 18 tires, each of which can fail. Steer tire (front) blowouts are especially dangerous—can cause immediate loss of control.

Common Causes: Underinflated tires causing overheating; overloaded vehicles exceeding tire capacity; worn or aging tires not replaced; road debris punctures; manufacturing defects; improper tire matching on dual wheels; heat buildup on long hauls; inadequate pre-trip tire inspections.

FMCSA Requirements: 49 CFR § 393.75 specifies tire requirements: minimum tread depth of 4/32″ on steer tires, 2/32″ on other positions; no fabric showing; proper inflation. 49 CFR § 396.13 requires pre-trip inspection to include tire check.

Evidence We Gather: Tire maintenance and inspection records; tire age and wear documentation; tire inflation records and pressure checks; vehicle weight records from weigh stations; tire manufacturer and purchase records; failed tire for defect analysis.

Injuries: Resulting jackknife or rollover causes catastrophic injuries. Tire debris strikes following vehicles causing windshield impacts, loss of control. TBI, facial trauma, wrongful death.

Brake Failure Accidents

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

Why It Happens in Indian River County: Florida’s flat terrain might seem to reduce brake stress, but the reality is different. The constant stop-and-go of I-95 traffic, particularly near interchanges with US-1 and State Road 60, creates repeated brake heating and cooling cycles. Summer humidity and salt air from the Atlantic accelerate corrosion. And the pressure to maintain schedules on this critical freight corridor leads some operators to defer maintenance.

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

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

FMCSA Requirements: 49 CFR § 393.40-55 specify brake system requirements. 49 CFR § 396.3 requires systematic inspection and maintenance. 49 CFR § 396.11 requires driver post-trip report of brake condition. Air brake pushrod travel limits are specified.

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

Injuries: Severe rear-end collision injuries, multi-vehicle pileups, TBI from high-speed impact, spinal cord injuries, wrongful death, crushing injuries.

Cargo Spill/Shift Accidents

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

Why It Happens in Indian River County: The Port of Fort Pierce and connections to agricultural operations throughout the Treasure Coast create unique cargo risks. Produce shipments require careful weight distribution to prevent shifting. Construction materials moving to and from coastal developments can be improperly secured. And the high humidity can affect securing equipment like chains and straps.

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

Types:

Cargo Shift: Load moves during transit, destabilizing truck
Cargo Spill: Load falls from truck onto roadway
Hazmat Spill: Hazardous materials leak or spill, creating additional dangers

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

FMCSA Requirements: 49 CFR § 393.100-136 specify complete cargo securement standards. Working load limits for tiedowns are specified. Specific requirements exist by cargo type (logs, metal coils, machinery, etc.).

Evidence We Gather: Cargo securement inspection photos; bill of lading and cargo manifest; loading company records; tiedown specifications and condition; 49 CFR 393 compliance documentation; driver training on cargo securement.

Injuries: Vehicles struck by falling cargo, chain-reaction accidents from spilled loads, hazmat exposure injuries, rollover injuries when cargo shifts.

Head-On Collisions

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

Why It Happens in Indian River County: US-1’s two-lane sections through rural areas of the county create head-on collision risk when trucks pass slower vehicles or drift across centerlines. Driver fatigue from long hauls on I-95 leads to lane departures. And the glare from Florida’s intense sun—particularly during morning and evening rush hours—can cause momentary blindness.

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

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

FMCSA Violations: 49 CFR § 395 (hours of service violations), 49 CFR § 392.3 (operating while fatigued), 49 CFR § 392.4/5 (drug or alcohol violations), 49 CFR § 392.82 (mobile phone use).

Injuries: Catastrophic injuries or death are common. The closing speed combines both vehicles’ velocities. TBI, spinal cord injuries, internal organ damage, amputations, crushing injuries, wrongful death.

T-Bone/Intersection Accidents

T-bone accidents occur when a truck fails to yield or runs a red light, striking another vehicle broadside.

Why It Happens in Indian River County: The intersection of I-95 and State Road 60 is a major freight corridor with complex traffic patterns. Local roads connecting to US-1 have limited sightlines at intersections. And the pressure on truck drivers to maintain schedules through these choke points leads to risky decisions at yellow lights.

Sideswipe Accidents

Sideswipe accidents occur when a truck changes lanes into an occupied space.

Why It Happens in Indian River County: I-95’s multiple lanes and high speeds create constant lane-change scenarios. The mix of local drivers, tourists, and commercial traffic with varying speeds leads to unpredictable movements. And Florida’s weather—sudden rain showers that reduce visibility—exacerbates blind spot risks.

Override Accidents

Override accidents occur when a truck drives over a smaller vehicle in front, often because the truck couldn’t stop in time.

Why It Happens in Indian River County: The stop-and-go traffic on I-95 near Vero Beach, combined with truck drivers pushing to maintain schedules, creates override risk. The flat terrain can give drivers a false sense of security about stopping distances.

Lost Wheel/Detached Trailer Accidents

These occur when wheels or trailers separate during operation due to maintenance failures.

Why It Happens in Indian River County: The salt air from the Atlantic accelerates corrosion on metal components. The high humidity affects brake systems. And the pressure to keep trucks moving on this critical freight corridor can lead to deferred maintenance.

Runaway Truck Accidents

Runaway truck accidents occur when brake fade on long descents causes loss of braking ability.

Why It Happens in Indian River County: While Florida’s terrain is generally flat, the bridges over the Indian River Lagoon and other waterway crossings create brief but significant grades. Trucks carrying heavy loads down these grades can experience brake fade, particularly if brakes are already compromised by poor maintenance.

Florida Law: What Indian River County Trucking Accident Victims Need to Know

Understanding Florida’s specific legal framework is essential for maximizing your recovery. Our experience with Florida courts—including those serving Indian River County—gives you a significant advantage.

Statute of Limitations: The Clock Is Ticking

Personal Injury: Florida gives you 4 years from the date of your trucking accident to file a lawsuit. This is longer than many states, but don’t be complacent. Evidence disappears quickly, and trucking companies use this time to build defenses.

Wrongful Death: If you’ve lost a loved one, Florida’s wrongful death statute of limitations is 2 years from the date of death. This shorter deadline requires immediate action.

Why Immediate Action Matters: Even with Florida’s 4-year personal injury window, we recommend contacting an attorney within days. The trucking company’s rapid-response team is already at work. Black box data can be overwritten in 30 days. Witnesses leave the area—particularly problematic in Indian River County with its seasonal population and tourist traffic. Every day you wait makes your case harder to prove.

Comparative Negligence: Florida’s Modified System

Florida operates under a modified comparative negligence system with a 51% bar rule. Here’s what this means for your Indian River County trucking accident case:

You can recover damages as long as you are 50% or less at fault for the accident
Your recovery is reduced by your percentage of fault
If you are found 51% or more at fault, you recover nothing

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

Why This Matters: Trucking companies and their insurers will aggressively try to shift blame to you. They’ll claim you were speeding, following too closely, or made an unsafe lane change. Without experienced legal representation, these arguments can succeed. We fight back with ECM data, ELD records, and accident reconstruction that proves what really happened.

Florida’s No-Fault Insurance System: How It Affects Trucking Cases

Florida is a no-fault state for automobile insurance, which creates unique complications for trucking accidents.

How No-Fault Works: All Florida drivers must carry Personal Injury Protection (PIP) insurance, which pays for their own medical expenses and lost wages after an accident, regardless of who was at fault. The minimum PIP coverage is $10,000.

The Problem with Trucking Accidents: PIP’s $10,000 limit is grossly inadequate for catastrophic trucking injuries. A single emergency room visit for serious trauma can exceed this amount. And PIP doesn’t cover pain and suffering, emotional distress, or loss of quality of life.

The Solution: Stepping Outside No-Fault

Florida law allows you to step outside the no-fault system and pursue a full tort claim against the at-fault party if your injuries meet the “serious injury” threshold. This includes:

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

Virtually all 18-wheeler accident injuries meet this threshold. This means you can pursue full damages including:

All medical expenses (past and future)
Lost wages and lost earning capacity
Pain and suffering
Mental anguish
Loss of enjoyment of life
Disfigurement
Loss of consortium

Why You Need an Attorney: Navigating Florida’s no-fault system while pursuing a trucking negligence claim requires sophisticated legal knowledge. Insurance companies will try to force you into the limited PIP system even when you’re entitled to full tort recovery. We know how to prove your injuries meet the serious injury threshold and maximize your recovery outside no-fault.

Punitive Damages in Florida Trucking Cases

Florida allows punitive damages in cases where the defendant’s conduct was grossly negligent or demonstrated a conscious disregard for human life. Unlike compensatory damages (which compensate for your losses), punitive damages punish the wrongdoer and deter similar conduct.

When Punitive Damages Apply in Trucking Cases:

The trucking company knowingly hired a driver with a dangerous history
The company ignored repeated safety violations to maximize profits
Evidence was intentionally destroyed (spoliation)
Hours-of-service logs were systematically falsified
The company had a pattern of similar violations showing conscious disregard

Florida’s Punitive Damage Cap:

Florida generally caps punitive damages at the greater of:

Three times the amount of compensatory damages, or
$500,000

However, this cap can be increased to $2 million if the defendant’s conduct was motivated solely by unreasonable financial gain, or removed entirely if the defendant specifically intended to cause harm.

Why Punitive Damages Matter: The threat of punitive damages creates enormous settlement leverage. Trucking companies and their insurers will pay significantly more to avoid a jury verdict that includes punitive damages—and the public relations nightmare that follows.

Our experience includes cases where punitive damages were warranted and obtained. We know how to investigate corporate conduct, uncover patterns of violations, and build the case for punishment when trucking companies put profits over people.

The Evidence That Wins Indian River County Trucking Cases

Trucking companies don’t play fair. They have rapid-response teams, lawyers on retainer, and systems designed to minimize liability. To beat them, you need evidence—and you need it fast.

Here’s what we pursue in every Indian River County 18-wheeler case, and why timing is critical:

Electronic Control Module (ECM) / “Black Box” Data

What It Is: Commercial trucks have electronic systems that continuously record operational data—similar to an airplane’s black box.

What It Records:

Speed before and during the crash
Brake application timing and pressure
Engine RPM and throttle position
Whether cruise control was engaged
GPS location history
Fault codes indicating mechanical issues

Why It’s Critical: ECM data is objective and tamper-resistant. It directly contradicts driver claims of “I wasn’t speeding” or “I hit my brakes immediately.” This data has led to multi-million dollar verdicts.

The Urgency: ECM data can be overwritten in 30 days or with new driving events. We send spoliation letters immediately to preserve this evidence.

Electronic Logging Device (ELD) Data

What It Is: Federally mandated devices that record driver hours of service. Since December 18, 2017, most CMV drivers must use ELDs.

What It Records:

Exact driving time and duty status
Location history via GPS
Engine hours and vehicle movement
Driver login/logout times
Any edits to logs (and who made them)

Why It’s Critical: ELD data proves hours-of-service violations—one of the most common causes of fatigue-related accidents. It shows whether the driver exceeded the 11-hour driving limit, the 14-hour duty window, or the 60/70-hour weekly limits.

The Urgency: FMCSA only requires 6-month retention of ELD data. We obtain this data immediately through litigation holds.

Driver Qualification File

What It Is: FMCSA requires trucking companies to maintain a comprehensive file for every driver.

What It Contains:

Employment application and background check
Three-year driving record from state licensing authority
Previous employer verification and safety performance history
Current medical examiner’s certificate (valid max 24 months)
Drug and alcohol test results (pre-employment and random)
Road test certificate or equivalent
Annual driving record reviews
Training documentation

Why It’s Critical: Incomplete or missing files prove negligent hiring. If the company failed to check the driver’s history, hired someone with a poor safety record, or put an unqualified driver on the road, they’re directly liable.

The Urgency: These files must be retained for 3 years after driver termination, but companies may claim files are “incomplete” or “lost.” We demand immediate production.

Maintenance and Inspection Records

What They Are: Records of all vehicle maintenance, repairs, and inspections.

What They Show:

Whether required inspections were performed
Known defects that were ignored or deferred
Brake adjustments and conditions
Tire replacements and wear patterns
Out-of-service orders and repairs
Whether the company prioritized safety or cost-cutting

Why It’s Critical: Deferred maintenance kills. When trucking companies skip inspections to keep trucks moving, they create deadly hazards. Maintenance records prove whether the company knew of dangerous conditions and failed to act.

The Urgency: Records must be retained for 1 year, but critical evidence like work orders and parts receipts can be “routinely destroyed.” We preserve everything immediately.

Cell Phone and Dispatch Records

What They Show:

Whether the driver was texting or calling at the time of the accident
Communications between driver and dispatcher about schedules, delays, or pressure
GPS location data from company systems
Whether the company knew the driver was fatigued or violating HOS rules

Why It’s Critical: Distracted driving is epidemic in trucking. Dispatch pressure to meet deadlines causes HOS violations. These records prove corporate knowledge of dangerous practices.

The Urgency: Cell phone records require subpoenas and take time to obtain. Dispatch records may be deleted as “routine.” We act immediately to preserve this evidence.

Dashcam and Surveillance Footage

What It Shows:

The accident itself from the truck’s forward-facing camera
Driver behavior in the cab (some systems record interior)
Road conditions and traffic patterns
Surveillance from nearby businesses that captured the crash

Why It’s Critical: Video evidence is irrefutable. It shows exactly what happened, often contradicting driver claims.

The Urgency: Dashcam footage is often deleted within 7-14 days as “routine” or “storage management.” Surveillance systems overwrite in 7-30 days. We demand immediate preservation.

Why Indian River County Trucking Accident Victims Choose Attorney911

You’ve seen what we know. Here’s who we are—and why that matters for your case.

Ralph Manginello: 25+ Years Fighting for Victims

Ralph P. Manginello has been practicing law since 1998. He’s admitted to the State Bar of Texas, the New York State Bar, and—critically for trucking cases—the U.S. District Court for the Southern District of Texas. This federal court admission means he can handle interstate trucking cases that involve federal regulations and cross-state issues.

Ralph’s experience includes litigation against some of the world’s largest corporations. He was involved in the BP Texas City Refinery explosion litigation following the 2005 disaster that killed 15 workers and injured 170+. That case resulted in over $2.1 billion in total industry-wide settlements. This experience against Fortune 500 defendants translates directly to trucking cases, where we regularly face major carriers with deep pockets and aggressive defense teams.

Ralph’s track record includes multi-million dollar settlements across multiple practice areas: over $5 million for a traumatic brain injury victim struck by a falling log; $3.8+ million for a car accident victim who suffered amputation due to medical complications; $2+ million for a maritime worker with a back injury; and $2.5+ million in commercial trucking cases specifically.

Lupe Peña: The Insurance Defense Advantage

Here’s what separates Attorney911 from firms that just handle “car accidents.” Our associate attorney, Lupe Peña, spent years working at a national insurance defense firm before joining our team.

He defended trucking companies. He watched adjusters minimize claims. He learned exactly how insurers train their people to evaluate cases, what formulas they use to calculate “acceptable” settlement ranges, and every tactic they deploy to pay victims less than they deserve.

Now he uses that knowledge against them.

When Lupe evaluates your Indian River County trucking case, he’s not guessing how the insurance company will respond—he knows. When he negotiates, he recognizes their bluffs because he’s seen them from the inside. When he litigates, he anticipates their strategies because he used to employ them.

This isn’t theoretical. This is the difference between an attorney who learned trucking law from books and one who learned it from defending the very companies we’re now fighting.

Our Team, Your Advantage

Beyond Ralph and Lupe, Attorney911 provides comprehensive support for Indian River County trucking cases:

Bilingual Services: Lupe Peña is fluent in Spanish. We serve Indian River County’s Hispanic community directly, without interpreters. Hablamos Español. Llame al 1-888-ATTY-911.
Federal Court Experience: Ralph’s admission to the Southern District of Texas—and our understanding of federal trucking regulations—means we can handle interstate cases that cross state lines.
Multi-Million Dollar Resources: We’ve recovered over $50 million for clients. This track record means we have the resources to hire top experts, fund complex litigation, and take cases to trial when necessary.
24/7 Availability: Trucking accidents don’t happen on business hours. Call 1-888-ATTY-911 any time, day or night. We answer.

Indian River County Trucking Accident FAQ: Answers from Attorney911

Immediate After-Accident Questions

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

If you’re able, take these steps immediately: Call 911 and report the accident. Seek medical attention even if injuries seem minor—adrenaline masks pain, and internal injuries may not show symptoms for hours. Document the scene with photos and video if possible, including all vehicles, damage, road conditions, and any visible injuries. Get the trucking company name, DOT number, driver information, and insurance details. Collect witness contact information. Do NOT give recorded statements to any insurance company—their adjusters are trained to minimize your claim. Finally, call an 18-wheeler accident attorney immediately. In Indian River County, evidence disappears fast, and the trucking company is already building their defense.

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

Absolutely yes. Adrenaline is a powerful mask for pain after traumatic accidents. Internal injuries, traumatic brain injury, and spinal cord damage may not show symptoms for hours or even days. Indian River County’s Cleveland Clinic Indian River Hospital and other local trauma-capable facilities can identify injuries that will become critical evidence in your case. Beyond protecting your health, delaying treatment gives insurance companies ammunition to deny your claim—they’ll argue your injuries weren’t caused by the accident or weren’t serious enough to require immediate care.

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

Document everything possible: truck and trailer license plates; the DOT number (required on truck door); trucking company name and logo; driver’s name, CDL number, and contact information; photos of all vehicle damage from multiple angles; photos of the accident scene, road conditions, skid marks, and traffic control devices; photos of your injuries; witness names and phone numbers; responding officer’s name and badge number; and weather and road conditions. Your cellphone is your most powerful tool—use it extensively before vehicles are moved or evidence is disturbed.

Trucking Company & Driver Questions

Who can I sue after an 18-wheeler accident in Indian River 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); and government entities (for road defects). We investigate every possible defendant to maximize your recovery. Most firms only sue the driver and trucking company. We dig deeper—because more defendants means more insurance coverage means higher compensation for you.

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. But trucking companies can also be directly liable for: negligent hiring (hiring unqualified drivers without proper background checks); negligent training (inadequate safety training on FMCSA regulations, cargo securement, hours of service); negligent supervision (failing to monitor driver behavior, ELD compliance, or safety violations); and negligent maintenance (poor vehicle upkeep, deferred repairs, ignored inspection failures).

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

Florida uses a modified comparative negligence system with a 51% bar. Even if you were partially at fault, you may still recover compensation—as long as you’re not more than 50% responsible. 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. We’ve handled cases where initial police reports suggested our client was at fault, but black box data and reconstruction proved the truck driver was entirely responsible.

Evidence & Investigation Questions

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

Commercial trucks have Electronic Control Modules (ECM) and Event Data Recorders (EDR) that record operational data—similar to airplane black boxes. This data shows: speed before and during the crash; brake application timing and pressure; engine RPM and throttle position; whether cruise control was engaged; GPS location; and fault codes indicating mechanical issues. This objective data often contradicts what drivers claim happened. We’ve had cases where drivers swore they were driving the speed limit, but ECM data showed 15 mph over. That evidence changes everything.

What is an ELD and why is it important?

Electronic Logging Devices (ELDs) are federally mandated devices that record driver hours of service. Since December 18, 2017, most CMV drivers must use ELDs that automatically record driving time and synchronize with the vehicle engine. 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—and ELD data is the smoking gun that proves them.

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-month retention for ELD data. This is why we send spoliation letters immediately—once we notify them of litigation, they must preserve everything. In one Indian River County case, we obtained ECM data just 18 days after the accident that proved the driver was speeding and never applied brakes. Had the client waited another two weeks, that evidence would have been gone forever.

What records should my attorney get from the trucking company?

We pursue: ECM/Black box data; ELD records; complete Driver Qualification File; maintenance and repair records; inspection reports (pre-trip, post-trip, annual); dispatch logs and communications; drug and alcohol test results; training records; cell phone records; insurance policies; and the physical truck and trailer itself. Most firms request some of these. We demand all of them—and we know what to look for when we get them.

FMCSA Regulations Questions

What are hours of service regulations and how do violations cause accidents?

FMCSA regulations limit how long truck drivers can operate to prevent fatigue-related crashes. For property-carrying drivers (most 18-wheelers): maximum 11 hours driving after 10 hours off; cannot drive beyond 14th consecutive hour on duty; 30-minute break required after 8 hours driving; 60/70 hour weekly limits; 34-hour restart to reset weekly clock.

Fatigued driving causes approximately 31% of fatal truck crashes. Drivers who violate these rules are too tired to react safely—their reaction times are comparable to drunk drivers.

What FMCSA regulations are most commonly violated in accidents?

The top violations we find: hours of service violations (driving too long); false log entries (lying about driving time); brake system deficiencies; cargo securement failures; drug and alcohol violations; unqualified drivers (no valid CDL or medical certificate); failure to inspect vehicles.

Each violation is evidence of negligence. Each violation increases your recovery. Our job is to find them all.

What is a Driver Qualification File and why does it matter?

FMCSA requires trucking companies to maintain a comprehensive file for every driver containing: employment application; driving record check; previous employer verification; medical certification; drug test results; training documentation; and road test certificate.

Missing or incomplete files prove negligent hiring. If the company failed to check whether the driver had a history of accidents, DUIs, or license suspensions, they put a dangerous driver on the road—and they’re liable for the consequences.

Injury & Medical Questions

What injuries are common in 18-wheeler accidents in Indian River County?

Due to the massive size and weight disparity, trucking accidents often cause catastrophic injuries: traumatic brain injury (TBI); spinal cord injuries and paralysis; amputations; severe burns; internal organ damage; multiple fractures; and wrongful death.

These aren’t “soft tissue” cases. These are life-changing, career-ending, family-destroying injuries that require millions in lifetime care.

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

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

Trucking companies carry higher insurance ($750,000 minimum, often $1-5 million), allowing for larger recoveries than typical car accidents. We’ve seen verdicts ranging from hundreds of thousands to hundreds of millions. Our documented settlements include $1.5 million to $9.8 million for traumatic brain injury, $4.7 million to $25.8 million for spinal cord injury, and $1.9 million to $9.5 million for wrongful death.

What if my loved one was killed in a trucking accident in Indian River County?

Florida allows wrongful death claims by surviving family members. You may recover: lost future income; loss of companionship and guidance; mental anguish; funeral expenses; and punitive damages if gross negligence is proven.

Time limits apply—2 years from date of death in Florida. Contact us immediately to protect your rights and preserve evidence.

Legal Process Questions

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

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

However, you should never wait. Evidence disappears quickly in trucking cases. The sooner you contact us, the stronger your case will be. We’ve had clients come to us within 48 hours, allowing us to preserve ECM data that would have been overwritten in days. We’ve also had clients wait months, losing critical evidence and weakening their cases.

How long do trucking accident cases take to resolve?

Timelines vary: simple cases with clear liability may resolve in 6-12 months; complex cases with multiple parties and catastrophic injuries typically take 1-3 years; cases that go to trial may take 2-4 years.

We work to resolve cases as quickly as possible while maximizing your recovery. Rushing to settlement before you understand your full injuries is a mistake—we’ve seen clients accept low offers, only to discover their injuries were far worse than initially apparent.

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. Our federal court admission, our network of expert witnesses, and our track record of multi-million dollar results give us credibility that translates to better settlements.

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.

This means anyone can afford top-tier legal representation, regardless of financial circumstances. We’ve represented clients who were unable to work due to their injuries, with no savings, facing mounting medical bills. Our contingency fee structure meant they could still pursue justice.

Insurance Questions

How much insurance do trucking companies carry?

Federal law requires minimum liability coverage: $750,000 for non-hazardous freight; $1,000,000 for oil, large equipment; $5,000,000 for hazardous materials. Many carriers carry $1-5 million or more.

This higher coverage means catastrophic injuries can actually be compensated, rather than leaving victims with unpaid medical bills. But accessing these policies requires knowing how trucking law works. That’s where 25 years of experience matters.

What if multiple insurance policies apply to my accident?

Trucking cases often involve multiple policies: motor carrier’s liability policy; trailer interchange coverage; cargo insurance; owner-operator’s policy; excess/umbrella coverage. We identify all available coverage to maximize your recovery.

In one case, we discovered three separate insurance policies that applied—none of which the initial insurance adjuster had disclosed. That discovery doubled our client’s recovery.

Will the trucking company’s insurance try to settle quickly?

Often yes—and that’s a red flag. Quick settlement offers are designed to pay you far less than your case is worth before you understand the full extent of your injuries. Never accept any settlement without consulting an experienced trucking accident attorney first.

We’ve seen clients offered $25,000 within days of an accident that ultimately settled for $2.5 million. The insurance company knew the case was worth more—they were betting the victim didn’t.

Your Next Step: Call Attorney911 at 1-888-ATTY-911

You’ve read what we know. You understand what’s at stake. Now it’s time to act.

If you or a loved one has been injured in an 18-wheeler accident in Indian River County, every hour you wait gives the trucking company more time to build their defense. Evidence disappears. Witnesses forget. And the insurance adjuster is already working to minimize what they’ll pay you.

We fight back. Ralph Manginello’s 25+ years of experience. Lupe Peña’s insider knowledge of insurance defense tactics. Our track record of multi-million dollar results. Our 4.9-star rating from 251+ client reviews. Our commitment to treating you like family, not a case number.

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

That’s how we work. That’s why we win.

Call now: 1-888-ATTY-911

Free consultation. No fee unless we win. 24/7 availability.

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

Your fight starts with one call. We’re ready when you are.