
Andrew Pickett Law represents individuals and families injured in serious truck accidents in Melbourne, Florida and throughout surrounding Space Coast communities in Brevard County. Collisions involving large commercial trucks often result in catastrophic injuries and complex liability issues. Our experienced Melbourne truck accident lawyers help injured victims pursue compensation for medical bills, lost income, long-term rehabilitation, and other damages caused by negligent trucking companies or drivers.
Truck Accident Lawyers Serving Melbourne, Florida
Accidents involving semi-trucks, tractor-trailers, and other commercial vehicles can be especially dangerous due to the size and weight of these vehicles. Truck collisions throughout Melbourne and the surrounding Brevard County area frequently occur along major roadways such as US-1, Interstate 95, Wickham Road, Eau Gallie Boulevard, Babcock Street, and Palm Bay Road, where commercial truck traffic mixes with local commuters and tourists traveling along the Space Coast.
At Andrew Pickett Law, our legal team represents individuals injured in collisions involving commercial trucks, delivery vehicles, construction vehicles, and other large vehicles. Truck accident cases often involve multiple responsible parties including trucking companies, cargo loaders, maintenance providers, and insurers. Our firm investigates each crash thoroughly to determine liability and pursue full compensation for injured victims.
Compensation Available After a Truck Crash
Truck accident injuries are often severe and may require extensive medical treatment and long-term care. Depending on the circumstances of the crash, injured victims may be entitled to compensation for:
- Emergency medical treatment and hospitalization
- Ongoing medical care and rehabilitation
- Lost wages and reduced future earning capacity
- Pain and suffering
- Permanent disability or catastrophic injuries
- Wrongful death damages for families who have lost loved ones
Because trucking companies and insurers often deploy aggressive defense strategies after serious crashes, working with an experienced attorney can help protect your rights and ensure evidence is preserved during the investigation.
Why Clients Choose Andrew Pickett Law
- No legal fees unless we recover compensation
- Direct communication with an experienced truck accident attorney
- Strong advocacy against trucking companies and insurers
- Local representation serving Melbourne and Brevard County
Multiple At-Fault Parties: Understanding Trucking Liability
Unlike standard passenger vehicle collisions, commercial trucking claims rarely involve just a single negligent driver. Depending on the operational failures that caused your crash, multiple corporate entities may share financial liability. Our firm works to uncover negligence across all layers of the commercial operation, including:
- The Trucking Company (Carrier): For forcing unrealistic delivery schedules that encourage driver fatigue, or failing to pull drivers with a history of safety violations.
- Cargo Loading Contractors: For failing to secure heavy freight properly, leading to dangerous cargo shifts that cause jackknife or rollover accidents.
- Third-Party Maintenance Providers: For falsifying inspection logs or failing to repair critical brake systems, steering columns, and tire assemblies.
- Parts Manufacturers: For distributing defective components, such as faulty coupling hitches or failed air brakes.
Critical Deadline: Florida’s Two-Year Negligence Law
If you are recovering from a commercial vehicle accident, you must act decisively. Under Florida law (House Bill 837), the statute of limitations for personal injury claims based on negligence is two years from the exact date of the accident.
Waiting to secure legal representation can cripple your claim. Over the course of a few months, physical evidence can disappear, skid marks fade, and corporate fleets cycle out vehicles. Even if you are dealing with what seems like a minor collision initially, complex internal or cognitive injuries can take weeks to surface, leaving you wondering if you can sue someone for a minor car accident. To protect your financial security, call a lawyer as soon as you are medically stable.
Frequently Asked Questions About Truck Accident Claims
Who can be held responsible for a truck accident?
Truck accident cases often involve multiple responsible parties including the truck driver, trucking company, cargo loaders, maintenance providers, and insurers. Determining liability requires a detailed investigation into the cause of the crash.
What should I do after a truck accident in Melbourne?
After a truck collision, you should seek medical attention immediately and report the accident to law enforcement. Because trucking companies often begin investigating accidents right away, contacting an attorney as soon as possible can help protect critical evidence related to the crash.
Why are truck accident cases more complex than car accidents?
Commercial trucking companies must follow strict federal safety regulations. Truck accident claims often involve driver logs, maintenance records, cargo loading procedures, and insurance policies that require detailed investigation to determine fault.
Commercial truck claims: the evidence, and the clock on it
How do I prove the driver was too tired to be driving?
A commercial driver’s hours are recorded, minute by minute, by a device in the cab. Those records are the difference between “the truck hit me” and “the driver was in his fourteenth hour.” Federal rules require a carrier to keep them for six months — and that is a floor, not a promise.1 After it passes, nothing federal requires the carrier to still have them.
Two details make this sharper than it first sounds, and both work in your favour if you move early:
- There are supposed to be two copies. A carrier must also keep a back-up of the electronic logs on a separate device, for the same six months.2 A carrier that produces neither has two separate obligations to account for, not one.
- Deleting or altering the supporting paperwork is prohibited — bills of lading, dispatch records, fuel and expense receipts, fleet messages, payroll.3 The six-month rule is about how long they must be kept. It has never been permission to destroy anything.
What a carrier must keep is narrower than it sounds: five categories of supporting document, and no more than eight per driver per day — and where there are more than eight, the ones retained have to include the earliest and the latest of the day.3 That last rule is the reason a carefully framed request beats a broad one.
Not everything runs out at six months. A carrier must keep an accident register for three years, and it has to include copies of the accident reports filed with government bodies and with insurers.4 So the fatigue evidence is on the short clock; the record of the accident itself is on a longer one.
A written request that all of it be preserved — sent to the carrier and its insurer within days, not months — is the single most valuable step available in a truck case, and it does not require a lawsuit.
Was the driver drug and alcohol tested?
People assume a truck driver is always tested after a serious accident. Sometimes they must be, sometimes not. Check which applies, because a test that should have happened and did not is itself a finding.
- Someone died. Testing is required, whether or not the driver was cited.5
- No death, but someone was injured and taken from the scene for treatment — or a vehicle had to be towed away. Testing is required only if the driver was also cited for a moving violation: within 8 hours for the alcohol test, within 32 hours for the drug test.5
And there is a paper trail even when the test never happened. If an alcohol test was required but not carried out within two hours, the employer has to make and keep a written record explaining why; after eight hours they must stop trying, and record that too.6 That record either exists or it does not, and its absence tells you as much as its contents.
What if the company says it has no logs?
Local haulage often falls outside the logging rules entirely. A driver who works within about 150 air miles of the depot and returns there within the shift is exempt from keeping records of duty status — which covers a great deal of local aggregate, concrete and delivery traffic.7 Vehicles built before model year 2000, identified by the vehicle identification number on the registration, are also outside the electronic logging requirement.8
That does not mean there is nothing. An exempt carrier still has to keep time records showing when the driver reported, how many hours they were on duty and when they were released — and those are kept for the same six months.7 Asking the wrong question gets a truthful “we have no logs.” Asking the right one gets the time records.
For context on what the logs are measured against: a property-carrying driver may drive 11 hours, within a 14-hour window that starts when they come on duty and does not pause for breaks, after 10 consecutive hours off — with a 30-minute break required after 8 hours of driving, and weekly ceilings of 60 hours in 7 days or 70 in 8.9
How long will this take, and what will it cost me?
Setting this expectation at the start is fairer than managing disappointment later.
A serious truck case is not a car case with a bigger number on it. There is usually a carrier, a driver, a broker, a shipper and more than one insurer, each with separate counsel. The case is likely to be moved into federal court. Reconstruction engineers, a fatigue expert, download of the vehicle’s own event data, a life-care planner where the injuries are permanent — these are ordinary costs in this kind of case and they are advanced by the firm, not by you, but they come out of the recovery at the end. Ask for the net figure, not the gross.
Plan on years rather than months. That is not a reason to avoid bringing the claim; the value in these cases generally justifies the wait. It does mean being honest at the outset about what the next few years look like, and making sure your own medical bills are handled sensibly in the meantime rather than accumulating against a settlement that is a long way off.
References
- 49 C.F.R. § 395.8(k)(1) — records of duty status and supporting documents retained “for a period of not less than 6 months from the date of receipt”
- 49 C.F.R. § 395.22(i)(1) — the carrier must retain for six months a back-up copy of the electronic logging device records on a device separate from that holding the original data
- 49 C.F.R. § 395.11 — the five categories of supporting document and their required data elements; § 395.11(d) — no more than eight per driver per 24-hour period, and where more exist the earliest and latest time indications must be among those kept; § 395.11(f) — no carrier or driver may obscure, deface, destroy, mutilate or alter information in a supporting document
- 49 C.F.R. § 390.15(b) — accident register maintained for three years, including copies of all accident reports required by state or other governmental entities or insurers
- 49 C.F.R. § 382.303(a)–(c) — post-accident alcohol and controlled-substances testing; the trigger table distinguishing a human fatality from a non-fatal accident requiring a citation within 8 hours (alcohol) or 32 hours (controlled substances)
- 49 C.F.R. § 382.303(d)(1)–(2) — written record required where an alcohol test is not administered within two hours; attempts cease at eight hours for alcohol and 32 hours for controlled substances, with a record in each case
- 49 C.F.R. § 395.1(e)(1) — 150 air-mile radius short-haul exception from §§ 395.8 and 395.11, conditioned on the carrier maintaining and retaining accurate time records for six months
- 49 C.F.R. § 395.8(a)(1)(ii)(A) — carve-outs permitting manual records, including a vehicle manufactured before model year 2000 as reflected in the vehicle identification number shown on the registration
- 49 C.F.R. § 395.3(a)–(c) — 10 consecutive hours off duty; 14-hour window; 11-hour driving limit; 30-minute interruption after 8 hours of driving; 60 hours in 7 days or 70 in 8; 34-hour restart
Other Injury Cases Our Melbourne Office Handles
In addition to truck accident cases, Andrew Pickett Law represents victims of many other types of accidents and injuries throughout Melbourne and Brevard County, including:
- Car Accident Lawyers
- Motorcycle Accident Lawyers
- Uber & Lyft Accident Lawyers
- Slip and Fall Lawyers
- Dog Bite Injury Lawyers
- Boating Accident Lawyers
- Wrongful Death Lawyers
- Catastrophic Injury Lawyers
Areas and Zip Codes Served From Our Melbourne Office
- 32901 – Downtown Melbourne / Crane Creek
- 32904 – West Melbourne
- 32934 – Wickham Park / North Melbourne
- 32935 – Eau Gallie / Croton Road Corridor
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Meet Andrew Pickett
Dealing with the murky policies of insurance companies designed to confuse and prevent you from receiving compensation is our expertise.
15+ years experience as a personal injury attorney.
Specialized in battling insurance companies.
95% settlement rate for clients.
Handled 500+ personal injury cases.
Collected more than $38 million for clients.
500+ people have chosen Andrew as their attorney.