A loaded tractor-trailer weighs many times as much as a passenger car. It needs far more distance to stop, and when it does not stop in time, the force passes almost entirely into the smaller vehicle. Rear-end crashes involving semis often push the struck car into the car ahead, so one impact becomes a chain of collisions.
In Florida these crashes cluster where traffic slows without warning: I-95 backups in Miami-Dade and Broward, I-4 construction zones in Orlando, Turnpike toll plazas, and stop-and-go traffic on the Palmetto Expressway and I-275 in Tampa. The truck behind is often going too fast, following too closely, or driven by someone distracted or tired.
Many people assume a rear-end case is simple. Trucking insurers often respond by arguing that the car "stopped short," changed lanes in front of the truck, or had broken brake lights. The way to answer those arguments is with the truck's data, collected before it is lost.
1. Get medical care, even for "minor" pain
The forces in a truck rear-end crash commonly cause neck and back injuries, concussions, and shoulder and knee injuries from bracing against the impact. Symptoms of a brain injury or a disc injury may not appear for days. Florida PIP medical benefits generally require that initial services and care be received "within 14 days after the motor vehicle accident" (§ 627.736(1)(a), Fla. Stat.). Tell every physician that a tractor-trailer struck you from behind, and describe every symptom.
“within 14 days after the motor vehicle accident”
§ 627.736(1)(a)
2. Record the scene and the traffic around you
Photograph the damage to both vehicles, the truck's front bumper and grille, the cab door showing the carrier name and USDOT number, and the traffic conditions ahead of you. Photograph your own brake lights if you can. If there were other cars in the chain, write down their drivers' names, plates, and insurers. Ask nearby businesses and toll or traffic agencies about cameras quickly; many systems record over footage within days.
3. Send a preservation letter for the truck's electronic data
Most modern trucks generate a detailed electronic record of the moments before a crash. A preservation letter to the motor carrier and its insurer should demand that it save:
- Engine control module data, which may show speed, throttle, cruise control, and when the brakes were applied.
- Forward-facing and driver-facing camera video, and any collision-warning or automatic braking alerts.
- Electronic logging device (ELD) records and supporting documents, which carriers must keep for six months (49 CFR 395.8(k)(1)).
- Dispatch and fleet messages to and from the driver around the time of the crash.
- Maintenance records and driver vehicle inspection reports for the brakes (49 CFR 396.3; 49 CFR 396.11).
- Post-accident alcohol and drug test results (49 CFR 382.303).
4. Look at following distance and speed
Florida law states that a driver "shall not follow another vehicle more closely than is reasonable and prudent," having due regard for speed, traffic, and the condition of the road (§ 316.0895(1), Fla. Stat.). Florida also bars a truck traveling outside a business or residence district from following within 300 feet of another truck or vehicle towing a trailer, with exceptions for passing and truck lanes (§ 316.0895(2)). Federal rules require commercial vehicles to obey state traffic laws, and where a federal rule imposes a higher standard of care, "the Federal Motor Carrier Safety Administration regulation must be complied with" (49 CFR 392.2).
“shall not follow another vehicle more closely than is reasonable and prudent,”
§ 316.0895(1)
5. Check for distraction and fatigue
When a truck rear-ends traffic that was plainly visible, the next question is where the driver was looking. Federal rules state that "No driver shall engage in texting while driving" (49 CFR 392.80(a)) and "No driver shall use a hand-held mobile telephone while driving a CMV" (49 CFR 392.82(a)(1)). Phone records, fleet messages, and driver-facing video can be matched to the second against the engine data. Hours of service records can show whether the driver had exceeded the federal limit of 11 hours of driving or was driving past the 14th hour after coming on duty (49 CFR 395.3).
“No driver shall engage in texting while driving”
49 CFR 392.80(a)
6. Do not accept the "you stopped short" argument at face value
The following-distance rule exists so a truck can stop when the traffic ahead stops. Still, the trucking company will try to assign some share of fault to you or another driver. We answer that with the timeline: when traffic began to slow, when your brake lights came on, and when the truck began to brake.
Florida rules that matter
No-fault and the threshold. Your own PIP coverage pays a portion of medical bills and lost income regardless of fault, up to a limit of $10,000 in medical and disability benefits (§ 627.736(1), Fla. Stat.). To recover for pain and suffering from the at-fault parties, Florida generally requires a qualifying injury, such as a "Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement" (§ 627.737(2)).
Fault. Your damages are reduced by any share of fault assigned to you, and you cannot recover if you are found more than 50 percent at fault for your own harm (§ 768.81(2), (6), Fla. Stat.). In a chain collision, each defendant pays according to its own percentage of fault (§ 768.81(3)), and a defendant that blames another driver who is not a party must plead that driver's fault (§ 768.81(3)(a)).
Deadline. For negligence claims arising after March 24, 2023, the general deadline to file suit is two years (§ 95.11(5)(a), Fla. Stat.).
Insurance. Interstate for-hire carriers of nonhazardous property in vehicles of 10,001 pounds or more must carry at least $750,000 in public liability coverage (49 CFR 387.9). Trucks that operate only within Florida must carry $50,000 to $300,000 per occurrence depending on weight (§ 627.7415, Fla. Stat.).
“Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement”
§ 627.736(1)
Your checklist
- See a physician within 14 days and report every symptom.
- Photograph both vehicles, the truck's cab door, and the traffic ahead.
- Collect information for every vehicle in the chain.
- Have a preservation letter sent for the truck's engine, camera, and ELD data.
- Keep your PIP claim number and all medical and wage records.
- Do not give a recorded statement to the trucking insurer.
- Talk with a trial lawyer well before the two-year deadline.
How we handle these cases
In a truck rear-end case, we build the timeline from the truck's own data: speed, braking, following distance, phone and message activity, and hours on duty. We work with reconstruction professionals to show what a careful driver would have seen and how much room the truck needed to stop. We represent injured people throughout Florida, including Miami-Dade, Broward, Palm Beach, Tampa, Orlando, and Jacksonville. Meetings are by appointment only. Call 305-748-3789 to discuss your case.
This article is general information, not legal advice for your situation. Reading it does not create an attorney-client relationship. Past results do not guarantee a similar outcome.