Andrew Pickett Law is a top Melbourne truck accident law firm that handles injury cases throughout Melbourne and Brevard County for victims who need help getting medical treatment and financial recovery. Andrew Pickett has tried injury cases to verdict, which is the posture a trucking insurer reads before it prices a claim.
What You Need To Know
- A truck claim isn’t a car claim with a bigger number on it. You’re usually facing a carrier, a driver, a broker and more than one insurer, each with its own lawyer.
- You’ll manage a car claim on your own far more often than a truck claim. We’d rather you finish here knowing what your family is actually facing, whether or not you hire anyone.
- A device in the cab keeps a minute-by-minute record of the driver’s hours. The cab record separates “the truck hit me” from “the driver was in his fourteenth hour.”
- Nobody has to keep the cab data for you. The device writes over it on a schedule, so somebody has to ask for the data in writing before the schedule runs out.
- Local hauling can be exempt from the logging rules. An exempt carrier still keeps time records showing when the driver started and finished.
- After a death, federal rules require drug and alcohol testing whether or not the driver was cited. A test that should’ve happened and didn’t is itself a fact you can use.
- You’ve got two years from the crash to file a lawsuit. Crashes on or before 24 March 2023 fall under the old four-year rule instead.
Start with the record in the cab, because the truck writes over it on a schedule and nobody keeps it for you. The companies behind the driver, whether you need a lawyer, and the fee come next. The liability rules, the deadline and the statute citations sit further down.
Ask for the Cab Record Before the Truck Writes Over It
A device in the cab keeps a minute-by-minute record of the driver’s hours. The cab record separates “the truck hit me” from “the driver was in his fourteenth hour,” and a jury hears why the crash happened only in the second version.
Nobody has to keep the cab data for you. The device writes over it on a schedule, so somebody has to ask for the data in writing before the schedule runs out, and the trucking company won’t send a preservation request to itself.
Local hauling can be exempt from the federal logging rules. An exempt carrier still keeps time records showing when the driver started and finished, so ask for the time records if the company says it keeps no logs.
After a death, federal rules require drug and alcohol testing whether or not the driver was cited. A test that should’ve happened and didn’t is itself a fact you can use.
Who Actually Owes You After a Truck Crash
A truck claim isn’t a car claim with a bigger number on it. You’re usually facing a carrier, a driver, a broker and more than one insurer, and every company facing you arrives with its own lawyer.
The driver’s own money is small next to a hospital bill, so the companies behind the driver decide what your claim pays. The carrier whose name is on the door, the company that owns the tractor, and the broker who arranged the load can each owe you separately.
You’ve got two years from the crash to file a lawsuit. A crash on or before 24 March 2023 falls under the old four-year rule instead, and families have lost claims by counting from the wrong rule.
A fleet cycles vehicles out while you’re still healing. The carrier can repair, sell or scrap the tractor that hit you within weeks, and a written demand to preserve it is the only thing that holds it in place.
The Test for Whether Your Truck Claim Needs a Lawyer
You’ll manage a car claim on your own far more often than a truck claim. If one insurer covers one driver, fault is clear, and you healed, the claim can settle without anyone’s help. A truck crash rarely arrives so simply.
Three companies and three insurers turn a claim into a negotiation with people who negotiate for a living. A carrier’s lawyer treats a preservation demand from a law firm differently from a letter you write yourself. The cab data doesn’t wait for anyone to learn the rules.
We’d rather you finish here knowing what your family is actually facing, whether or not you hire anyone. Call, describe the crash and the name on the door, and we’ll tell you who’s really across the table.
The call and the review cost nothing, and nobody signs anything to have the conversation. Even if you handle the claim yourself, you handle it knowing which company owes what.
We Take Melbourne Truck Cases on a Contingency Fee Only
Andrew Pickett Law takes truck cases on a contingency fee only. We take a percentage of whatever we recover for you, and we charge no fee at all if we recover nothing. You’ll never write us a check to get started, and you’ll never see an hourly bill.
Florida law caps the percentage a law firm can charge, so no firm sets its own ceiling. We back the Bar’s cap with a commitment of our own. A truck case runs on expert reports, downloaded engine data and records requests, and we pay for the reports, the data and the requests while you’re still healing.
Ask any firm you talk to, including us, who pays the advanced costs if you lose. Firms answer the question differently, so get the answer in writing before you sign anything.
Trucking Insurers Size Up the Lawyer Before They Size Up the Claim
A trucking insurer decides early how hard a claim will be to defend, and the lawyer on the file is part of what the insurer decides. Andrew Pickett grew up in Brevard County and prosecuted in the Eighteenth Judicial Circuit before he represented injured people, and Brevard judges try Melbourne truck cases in the Eighteenth Judicial Circuit. He trained at the Trial Lawyers College, and he finishes cases in front of juries rather than settling every file.
You’ll deal with the lawyer on your case rather than a call center. Clients tell us the same thing in their reviews: they always knew what was happening in their case. We’ll tell you the next step and roughly when it comes, and when something changes, we’ll call you instead of waiting for you to ask.
Name the Company on the Truck’s Door and We’ll Chase the Cab Record
A first call is a conversation, not a commitment. You describe the crash and the name on the door of the truck, and we’ll tell you whether the cab record is still alive and what saving it would take.
Bring the crash report number if you have it and any letter the trucking company’s insurer has sent. You can call with no paperwork at all.
If Andrew Pickett Law takes your case, our fee comes out of a recovery and nothing comes out of your pocket while the case runs. If a lawyer wouldn’t add anything to your claim, we’ll tell you and you can stop there.
Truck Accident Lawyers Serving Melbourne
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.
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.
Fleet Vehicles Get Cycled Out While You Are Still Healing
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 favor 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
- Motorcycle Accident
- Uber & Lyft Accident
- Pedestrian Accident
- Bicycle Accident
- Slip and Fall
- Dog Bite Injury
- Boating Accident
- Wrongful Death
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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"I am so very grateful to have had this firm represent me. I was in a car accident a few years ago, but the car insurance company of the person who totaled my car would not replace my car, nor pay for my medical bills. We ended up going to court and because of Mr. Pickett, we won the case. Thank you so much for all you did for us!!!!"
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 450+ personal injury cases.
Collected more than $50 million for clients.
450+ people have chosen Andrew as their attorney.
520+ Satisfied Clients
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Jennifer Cleveland
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Lauren and her team are the best! Thank you for all the help, I 10/10 recommended them!
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michele stanevich
2 months ago
What a wonderful event. Very well organized. He introduced himself to everyone. I will keep him in mind if and when I need a lawyer.
Lisa & Andrew Arnabat
2 months ago
Our team (attorney Tiffany Whitehouse, paralegals Vonda and Lindsey, our legal assistant Lauren, and Caroline) at Andrew Pickett Law has been absolutely amazing. They have been communicative from start to finish and have gone above and beyond in all aspects. They treated us like people, not like another number. Thank you for all of your help & guidance throughout what would have been an otherwise overwhelming and confusing process.
Thomas Preston
2 months ago
Andrew Pickett law for is a real good law and I will recommend him to need a real good lawyer.Thank you very much from my case.My name is Thomas Preston.Thank you
Close Family
3 months ago
Andrew Pickett and his team were very professional and supportave throughout my whole case. They took care of all the bills and successfully negotiated with the insurance companies. They were able to get 850,000 towards all the medical bills. I would definitelly recommend them.
Orestes Olmo
3 months ago
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Caitlin Cheatham
3 months ago
Amazing experience, they got me the best settlement I could’ve asked for. Always responded quickly and kept me in the loop! Highly recommend
Heidi Bushing
3 months ago
The team at Andrew Pickett is amazing. They helped me with two accidents and have been very attentive and communicative.
pebbs jai
3 months ago
I highly recommend this law office. Special thank you to Allison W. for answering all my questions and concerns. All staff were very helpful, professional and pleasant. They also give back to the community so if you are looking for a well knowledgeable law firm this is it!! Mr Andrew Pickett I appreciate you.
Krissy Green
3 months ago
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Stephanie Mortier
4 months ago
I absolutely love this law firm , down to the absolute best communication, and the follow up calls with details . Thank you guys !
Kimmy Ware-Simmons
4 months ago
A special thanks to this wonderful team! I’ve been truly blessed to be represented by Andrew Pickett Law. All my questions have been attentively addressed and explained perfectly in a way I am fully able to understand. This Lawfirm treats everyone with respect and like family. 10/10 review and definitely recommend!
Stephanie Mortier
4 months ago
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Steve Ryland
4 months ago
Andrew and his team provided outstanding legal representation with a high level of professionalism, responsiveness, and attention to detail. He communicated clearly throughout the process and delivered a result we were very satisfied with. I truly appreciate his expertise and would highly recommend him to anyone in need of strong, reliable legal counsel.
christian leon
4 months ago
Working with Tiffany Whitehouse, Vonda, and Lauren at Andrew Pickett Law Firm was an amazing experience for me. They were really professional, attentive, and committed to my case from beginning to end. Their diligence and genuine concern for achieving the greatest result for me were what truly stood out. I genuinely felt like I was in good hands the entire time because of their dedication and teamwork, which made a difficult situation much easier to face. I got the best outcomes I could have imagined because of their hard work and knowledge. I am incredibly appreciative and would heartily suggest their team to anyone in need of legal assistance.
Erin Mclachlan
5 months ago
My experience is based on 2 settlements so far, still pending another case and 1 of the already settled cases M&M took but didn't want to keep after stringing me along for 4 months. So just choose Andrew Pickett Law, don't waste time with another injury attorney. Tiffany Whitehouse is great, she was confident in my cases, kept me informed and very accommodating. We didn't even have to go to court for those 2 cases. And because I had already trusted them with 2 cases, I also gave them a third case which settled quickly. My only regret, I just wish I had known about them sooner. Thanks for everything! I have already recommended my friends and clients and will continue.
Carlos Mangual
5 months ago
Tiffany Whitehouse has been a tremendous help to me through out my whole process majorly because of her communication she’s always one phone call or text away and really gives me comfort to have any of my questions or worries answered so quickly
Hannah Dorris
5 months ago
If I could give more than 5 stars I would. I cannot say enough amazing things about Tiffany Whitehouse and her entire team. From the very beginning, I felt genuinely cared for, supported, and prioritized throughout my entire experience. Tiffany is an absolute powerhouse her knowledge, confidence, and attention to detail truly set her apart from any attorney I’ve ever worked with. She knows her craft inside and out, and you can feel that level of expertise in every interaction. What really stood out to me was how responsive and efficient everyone was. Communication was always clear and timely, and I was never left wondering about the status of my case. Tiffany and her paralegal, Vonda, worked seamlessly together and made everything feel organized and stress-free. Vonda was incredibly kind, attentive, and always made sure I had what I needed. They both went above and beyond in ways that made a stressful situation feel manageable. I also want to recognize the admin team, especially Lauren and Hailey. They were so welcoming, helpful, and professional every time I interacted with them. It’s clear that this entire office operates with a high level of care, compassion, and dedication to their clients. Another thing that truly stood out to me was how thorough and patient everyone was when answering my questions. No matter how many I had, they took the time to explain everything in detail and made sure I fully understood even if it took 20 minutes. That level of patience and dedication meant so much and made me feel confident every step of the way. What meant the most to me is that they didn’t treat me like just another case they truly cared about me as a person. They checked in regularly, made sure I felt supported, and consistently went the extra mile. That kind of genuine compassion is rare to find. If you’re looking for a legal team that is not only highly skilled but also truly invested in you, I wholeheartedly recommend Andrew Pickett Law. They exceeded all of my expectations and I am beyond grateful for everything they’ve done for me. Thank you all SO incredibly much!