Tampa Truck Accident Lawyer

If you’ve been involved in a truck accident, you need more than just a general personal injury attorney—you need a Tampa truck accident lawyer with specialized expertise.

A red semi truck on a plains road pulling a large, white trailer behind it.

Truck accidents are a serious concern, especially where bustling highways like I-4 and I-275 carry heavy commercial traffic every day. These collisions often lead to severe injuries, mounting medical bills, and complicated legal battles.

Truck accident cases are complex, often involving multiple parties such as the driver, the trucking company, and even manufacturers. A lawyer understands these intricacies and knows how to fight for the compensation you deserve.

At Darrigo & Diaz Attorneys at Law, we bring decades of experience, a deep understanding of Tampa’s unique challenges, and a proven history of success to every case. Let us guide you through this difficult time with confidence and care.

What Does a Tampa Truck Accident Attorney Do?

Truck accidents are among the most devastating events on the road, often resulting in severe injuries, significant property damage, and complex legal battles. Due to the size and weight of commercial trucks, these collisions can involve multiple parties, intricate federal regulations, and aggressive insurance companies—all of which make the legal process far more complicated than a typical car accident.

This is why having a specialized Tampa truck accident attorney is critical. But what exactly does a truck accident attorney do, and how can they help you navigate this challenging time?

At Darrigo & Diaz, our Tampa truck accident attorneys are dedicated to guiding victims through every step of the legal process, ensuring their rights are protected and they receive the compensation they deserve. Below, we break down the key responsibilities of a truck accident attorney and how their expertise makes a difference in your case.

Investigating the Accident

A thorough investigation is the foundation of any successful truck accident claim. Your attorney will:

  • Gather evidence from the accident scene, including police reports, photos, and video footage.
  • Interview witnesses to build a clear picture of what happened.
  • Work with accident reconstruction experts to determine the exact cause of the crash, whether it was due to driver error, mechanical failure, or other factors.

This detailed approach ensures no stone is left unturned, providing the strongest possible case for your claim.

Determining Liability

Truck accident cases often involve multiple liable parties, making it essential to identify everyone responsible. Your attorney will:

  • Analyze the accident to determine if the truck driver, trucking company, cargo loaders, or even the vehicle manufacturer share fault.
  • Review employment records and company policies to uncover negligence, such as improper training or failure to maintain the truck.
  • Assess compliance with federal and state regulations, including hours-of-service rules that prevent driver fatigue.

By pinpointing all liable parties, your attorney maximizes the potential for full compensation.

Handling Insurance Claims

Dealing with insurance companies after a truck accident can be overwhelming, especially when they try to minimize payouts. Your attorney will:

  • Communicate with insurers on your behalf, protecting you from tactics designed to reduce your settlement.
  • Negotiate aggressively to ensure you receive fair compensation for medical bills, lost wages, and other damages.
  • Review settlement offers to make sure they reflect the true value of your claim, not just a quick payout.

With an attorney in your corner, you won’t have to face the insurance giants alone.

Filing Lawsuits and Representing You in Court

While many truck accident cases settle out of court, some require litigation to achieve justice. If necessary, your attorney will:

  • File a lawsuit against the responsible parties.
  • Prepare your case for trial, gathering expert testimony and building a compelling argument.
  • Represent you in court, advocating fiercely for your rights and the compensation you deserve.

Even if your case doesn’t go to trial, knowing your attorney is ready to fight can strengthen your position during negotiations.

Understanding Truck Accidents

A large semi truck driving along a main highway alongside traffic.

Truck accidents are a pressing issue in Tampa, fueled by the city’s proximity to major highways and its role as a hub for commerce. According to the Florida Department of Highway Safety, Hillsborough County saw over 500 truck accidents last year, resulting in numerous injuries and fatalities.

These incidents frequently occur on high-traffic routes like I-75 and the Selmon Expressway, where large trucks share the road with daily commuters.

Common causes of truck accidents include:

  • Fatigued truck drivers: Long shifts can leave truck drivers drowsy and less alert.
  • Speeding: Large trucks require more stopping distance, making excessive speed a major risk.
  • Improper loading: Overloaded or unevenly balanced cargo, especially in delivery trucks, can cause loss of control.
  • Poor maintenance: Worn brakes or tires can lead to preventable disasters.
  • Tailgating: Following too closely behind other vehicles can lead to rear-end collisions.

The consequences for victims are often life-changing. Injuries like spinal cord damage, traumatic brain injuries, and fractures can result in permanent disability, emotional trauma, and financial hardship. This makes expert legal representation critical.

Common Types of Truck Accidents

Truck accidents are a frequent and dangerous reality on our roads, often leading to severe injuries or even fatalities due to the sheer size and weight of commercial vehicles. Understanding the most common types of truck accidents can help you stay vigilant and recognize potential hazards when sharing the road with trucks.

Below, we explore seven prevalent types of truck accidents, complete with descriptions, examples, and safety insights to keep you informed.

  • Rear-End Collisions: Rear-end collisions are some of the most common types of accidents across all vehicles. For example, a car might rear-end a stopped FedEx truck.
  • Jackknife Accidents: Jackknife accidents happen when a truck’s trailer swings out to the side, forming a 90-degree angle with the cab. A big rig truck might jackknife on a slippery road, blocking multiple lanes.
  • Rollover Accidents: Rollover accidents occur when a truck tips onto its side or roof, often due to speeding, sharp turns, or uneven cargo distribution. A logging truck can roll over on a sharp curve, scattering logs and causing traffic chaos.
  • Underride Accidents: Underride accidents happen when a smaller vehicle slides under a truck’s trailer, often resulting in catastrophic injuries. A smaller vehicle might slide under the trailer of a DHL truck due to a sudden stop.
  • Blind Spot Accidents: Blind spot accidents occur when a truck driver fails to see a vehicle in their blind spot—large areas on all sides of the truck—while changing lanes or turning. A driver might not see a car in the blind spot of a Walmart truck while changing lanes, leading to a collision.
  • Tire Blowouts: Tire blowouts happen when a truck’s tire bursts unexpectedly, causing the driver to lose control. A tire blowout on a construction truck can lead to loss of control and a subsequent accident.”
  • Cargo Spills: Cargo spills occur when a truck’s load falls off or spills onto the roadway, creating obstacles for other vehicles. A UPS truck may have its cargo doors fly open, spilling packages across the highway.

By understanding these common types of truck accidents, you can take proactive steps to stay safe on the road. Always keep a respectful distance from trucks, be mindful of their blind spots, and avoid sudden maneuvers in their presence.

Steps to Take After a Truck Accident

Acting quickly and smartly after a truck accident can protect your health and strengthen your legal claim. Truck accidents often involve complex liability issues and severe injuries, making it essential to follow the right steps immediately.

Here’s what to do:

Call Emergency Services

Dialing 911 is your first priority because it brings law enforcement and medical responders to the scene quickly. Police officers will create an official accident report, which serves as key evidence for insurance claims and legal proceedings.

Emergency medical personnel can assess and treat injuries, ensuring no one’s condition worsens while waiting for help. Stay calm and provide the 911 operator with precise details:

  • The exact location (e.g., “Intersection of Main St. and 5th Ave.” or “Mile marker 23 on I-75”).
  • The number of vehicles involved (e.g., “A semi-truck and two cars”).
  • Any injuries or dangers you can see (e.g., “One person is bleeding,” or “There’s fuel leaking onto the road”).

Answer the operator’s questions clearly and stay on the line until they confirm help is dispatched. If you can, ask for the incident report number before hanging up—it’ll help you track the official documentation later.

Seek Medical Attention

Truck accidents can cause serious injuries like internal bleeding, concussions, or spinal damage that might not hurt right away due to adrenaline or shock. Getting checked by a professional ensures these hidden issues are caught early.

Plus, delaying treatment can weaken your legal claim—insurance companies might say your injuries aren’t serious or happened later.

Avoid Speaking with Insurance Adjusters Without a Lawyer Present

Insurance adjusters often work for the trucking company’s benefit, not yours. They might call you soon after the accident, asking for a statement or offering a fast payout.

Without a lawyer, you could accidentally say something that suggests fault or minimizes your injuries, locking you into a settlement far below what you deserve.

Document Everything

Solid evidence can make or break your case. Photos and witness statements prove what happened, especially since trucking companies might try to twist the story or hide evidence. The trucking company’s details also matter—they could be liable if their driver or equipment was at fault.

  • Photos: Use your phone to snap pictures of:
    • All vehicle damage (your car, the truck, others involved).
    • The crash scene (skid marks, debris, road layout).
    • Road conditions (wet pavement, potholes, missing signs).
    • Any injuries (bruises, cuts, swelling).
  • Witnesses: Ask bystanders for their names and phone numbers if they saw what happened.
  • Truck Info: Write down the truck’s license plate, driver’s name, and the company’s name and USDOT number (usually on the truck’s side).

Contact a Tampa Truck Crash Lawyer

Trucking companies move fast—they often send investigators to the scene within hours to build a defense and reduce their liability. A Tampa truck crash lawyer levels the playing field by preserving evidence (like the truck’s black box data or driver logs) and protecting your rights before the company can bury the truth.

Who Pays for Damages in a Truck Accident?

A green semi truck driving fast down the highway seen from outside the window of a car.

In the aftermath of a truck accident, one of the most pressing questions victims face is: “Who pays for the damages?” Understanding how compensation works in Florida is crucial, especially since the state operates under a No-Fault insurance system.

This system can be confusing, but knowing how it applies to your situation—and when other compensation methods come into play—can make all the difference in securing the financial support you need.

Florida’s No-Fault Insurance System

Florida is one of a handful of states that follows a No-Fault insurance system. In simple terms, this means that after a truck accident, each driver’s own insurance company is responsible for covering their medical expenses and lost wages, regardless of who caused the accident.

This is different from at-fault states, where the driver who caused the crash is typically liable for the other party’s damages.

In Florida, all drivers are required to carry Personal Injury Protection (PIP) insurance as part of their auto insurance policy. PIP coverage typically includes:

  • Medical expenses: Up to 80% of reasonable costs
  • Lost wages: Up to 60% of lost income
  • Replacement services: Compensation for household help if you’re unable to perform tasks due to injuries

The standard PIP limit is $10,000 per person, per accident. This means that, initially, your own insurance will cover your medical bills and lost wages up to this amount, no matter who was at fault in the truck accident.

Compensation Outside of Personal Injury Protection

PIP has its limits, especially in cases involving severe injuries or significant damages that exceed this amount. When pursuing compensation beyond what PIP covers, such as for pain and suffering or extensive property damage, Florida employs the comparative negligence system to determine liability.

Comparative negligence is a legal principle that allocates fault among all parties involved in an accident. Under this system, each party’s degree of responsibility is assessed, and their liability for damages is proportional to their percentage of fault.

This means that even if you contributed to the accident, you can still recover compensation, though the amount will be reduced by your share of responsibility.

For example, if you are found to be 20% at fault for an accident and the total damages amount to $100,000, you would recover $80,000 ($100,000 minus 20%).

The state follows a “pure” comparative negligence system, which sets it apart from states with “modified” systems. In a pure system, you can recover damages even if you are more than 50% at fault—though your recovery will still be reduced by your fault percentage.

Liability in Truck Accidents

Liability in truck accident cases is generally determined by negligence, meaning the party or parties whose careless or reckless actions caused the accident are responsible for the damages. Examples include:

  • Truck Driver: If the driver was speeding, distracted, or driving under the influence, they could be held liable.
  • Trucking Company: If the company failed to maintain the truck or imposed unrealistic schedules leading to driver fatigue, they may be at fault.
  • Truck Manufacturer: If a defective part, such as faulty brakes, contributed to the crash, the manufacturer could share responsibility.
  • Third Parties: Improperly loaded cargo by loaders or neglected maintenance by service providers could also make these parties liable.

In some cases, multiple parties may share liability. For instance, if a fatigued driver caused an accident due to the trucking company’s demanding schedule, both could be held accountable. When this happens, damages may be divided among the liable parties based on their degree of fault. A commercial truck accident lawyer can help navigate these complexities.

How Long Do I Have to File a Truck Accident Claim?

Understanding the statute of limitations is crucial for anyone involved in a truck accident in Florida. This legal time limit dictates how long you have to file a lawsuit against those responsible for your injuries or damages.

Missing this deadline can mean losing your right to seek compensation, regardless of the strength of your case.

The statute of limitations for personal injury claims arising from truck accidents is currently two years from the date of the accident. This applies to lawsuits against negligent parties such as the truck driver, the trucking company, or other liable entities.

However, this two-year period only applies to accidents that occurred on or after March 24, 2023, due to a recent change in state law. For accidents that took place before this date, a four-year statute of limitations may still apply.

Given this shift, it’s vital to consult an attorney to determine the exact deadline for your specific case.

Exceptions and Special Circumstances

While the general rule is two years, several exceptions and special circumstances can adjust this time frame:

  • Government Vehicles: If the truck involved is owned by a government entity (e.g., a city or state truck), stricter rules apply. You may need to provide written notice within a shorter period—sometimes as little as six months—and file your lawsuit within three years, though this can vary based on specific statutes.
  • Minors: For victims under 18, the statute of limitations is typically tolled (paused) until they reach adulthood. In such cases, the two-year countdown begins on their 18th birthday.
  • Wrongful Death: If a truck accident results in a fatality, the statute of limitations for a wrongful death claim is two years from the date of death, which may differ from the accident date if the victim passed away later due to their injuries.
  • Injury Discovery: In rare instances where injuries aren’t immediately apparent, the statute may start from the date the injury was discovered—or reasonably should have been discovered—rather than the accident date. This is less common in truck accidents, where injuries are usually evident right away.
  • Defendant’s Absence: If the at-fault party leaves the state or hides to avoid legal action, the statute of limitations may be extended during their absence.

Note: If your claim is solely for property damage (e.g., vehicle repairs), Florida allows a four-year statute of limitations, even after the 2023 law change. However, since most truck accident cases involve personal injuries, the two-year limit typically governs.

Choose Our Tampa Truck Accident Law Firm

Truck accidents can turn your life upside down, but you don’t have to face the aftermath alone. A skilled Tampa personal injury lawyer from Darrigo & Diaz brings the expertise, local knowledge, and determination you need to secure justice.

Our team has handled numerous cases involving various types of trucks, including U-Haul trucks, delivery trucks, and more. With our proven results and personalized care, we’re the clear choice for truck accident victims.

Don’t wait—take action now. Contact Darrigo & Diaz Attorneys at Law for a free consultation by calling (813) 774-3341. Let us fight for the compensation and peace of mind you deserve.

Truck Accident FAQ

How much are most truck accident settlements?

Truck accident settlements vary widely depending on the case, but they often range from $50,000 to over $1 million. Factors like injury severity, medical costs, lost income, and liability determine the amount.

How can a truck accident lawyer in Tampa help me?

A lawyer can investigate your crash, gather evidence (like driver logs or black box data), and negotiate with insurance companies to maximize your payout. They also handle legal complexities, such as federal trucking laws, and fight for you in court if needed.

What kind of lawyer do I need to sue a trucking company?

You need a personal injury lawyer specializing in truck accidents. Suing a trucking company involves navigating complex regulations and multiple liable parties, like drivers, employers, or manufacturers.

How do I find a truck accident lawyer near me?

Finding the right Tampa truck accident lawyer near you can feel overwhelming, especially when you’re already dealing with the stress and uncertainty of a serious accident. Here’s a checklist to help you make the best choice:

  • Prioritize Local Expertise
  • Seek Specialization in Truck Accidents
  • Do Your Research
  • Take Advantage of Free Consultations

At Darrigo & Diaz Attorneys at Law, we combine deep local knowledge with specialized expertise in truck accident cases. If you’re searching for a Tampa truck accident lawyer near you, contact us for a free consultation.

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As the law firm Florida has trusted for over 25 years to fight on their behalf, we are more than ready to represent you. Put our experience and reputation to work. We are trial-tested attorneys Florida turns to time and time again. If you need help with any legal matter, whether it’s an auto accident or serious personal injury, workers’ compensation, criminal defense, or medical malpractice, contact us. The consultation is absolutely free.


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