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Truck Accidents

What to Do After a Truck Wide-Turn Crash in Florida

When a tractor-trailer swings wide to turn and closes the gap on your car, bicycle, or motorcycle, here is how to protect your claim.

Josef Timlichman
By Josef Timlichman

·6 min read

A tractor-trailer cannot turn the way a car does. On a turn, the trailer's rear wheels follow a tighter path than the tractor's front wheels and cut inside the corner. Truck drivers call this off-tracking. To keep the trailer from riding over the curb, a driver making a right turn often swings left first, or starts the turn from the second lane. That opens a gap between the truck and the curb on the right.

A "squeeze play" crash happens when a car, motorcycle, bicycle, or pedestrian enters that gap and the truck then turns into it. The smaller vehicle is crushed between the trailer and the curb, a pole, or a parked car. The same thing can happen on a left turn when a truck swings right first. These crashes are common at tight intersections in downtown Miami, Fort Lauderdale, and Tampa, and at warehouse entrances near the ports.

Trucking companies often defend these cases by saying the other driver tried to pass on the right. The real question is whether the truck driver set up the turn safely, signaled clearly, checked the mirrors, and made sure the space was clear before closing it.

1. Get help and document where everyone was

Get medical care immediately; squeeze-play crashes often cause crush injuries and fractures. If you can, photograph the intersection, the lane markings, the curb, any tire marks or scrapes on the curb, and the final position of the truck and your vehicle. The position of the tractor relative to the lane lines often shows how wide the driver swung before turning. Photograph the cab door for the carrier name and USDOT number.

2. Find the video fast

Video decides many wide-turn cases, and much of it is not in the trucking company's hands. Traffic cameras and nearby businesses usually record over footage on a short cycle, so we send preservation requests within days. From the truck, we request forward-facing, side, and driver-facing camera footage, which can show whether the turn signal was on, when it came on, and whether the driver looked at the right mirror before turning.

3. Send a preservation letter to the motor carrier

The carrier's letter should demand that it save:

  • All camera footage from the tractor and trailer.
  • Engine control module and telematics data showing speed and steering-related events.
  • Electronic logging device (ELD) records for the trip and the day before.
  • The driver's qualification file, which must include the employment application, driving record inquiries, and a road test or accepted equivalent (49 CFR 391.51(b)). The carrier must keep it for as long as the driver works there "and for three years thereafter" (49 CFR 391.51(c)).
  • Training records and company policies on turning, route planning, and mirror use.
  • Dispatch instructions and the delivery address, which show whether the driver was sent onto streets too tight for the trailer.
  • Driver vehicle inspection reports showing the condition of the mirrors (49 CFR 396.11(a)(1)).

“and for three years thereafter”

49 CFR 391.51(b)

4. Check the turning and lane rules

Florida law requires a driver turning right to "Make both the approach for a right turn and a right turn as close as practicable to the right-hand curb or edge of the roadway" (§ 316.151(1)(a)1., Fla. Stat.). Florida also requires that a vehicle "shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety" (§ 316.089(1)). A truck may need extra room to turn, but the driver must still make sure the space is clear before turning into it.

“Make both the approach for a right turn and a right turn as close as practicable to the right-hand curb or edge of the roadway”

§ 316.151(1)(a)

5. Check the mirrors and the driver's line of sight

Federal rules require trucks and truck tractors to have two rear-vision mirrors, one on each side, mounted to give the driver a view of the highway behind the vehicle along both sides (49 CFR 393.80(a)). Before driving, the driver must be "satisfied that the following parts and accessories are in good working order," and the list includes the "Rear-vision mirror or mirrors" (49 CFR 392.7(a)). A missing, cracked, or misadjusted right-side mirror, or a driver who did not use it, can explain how the truck turned into a vehicle that was there to be seen. Some trucks also have side cameras or blind-spot sensors, and their data and alerts should be preserved.

“satisfied that the following parts and accessories are in good working order,”

49 CFR 393.80(a)

6. Look at route planning and training

Some wide-turn crashes are set up before the intersection. A dispatcher may send a long trailer onto a narrow street, or a carrier may never train a new driver to set up a right turn safely. The motor carrier has a federal duty to require its drivers to observe the safety rules (49 CFR 390.11), and federal rules define a motor carrier to include employees "responsible for hiring, supervising, training, assigning, or dispatching of drivers" (49 CFR 390.5T). Training and dispatch records show whether the turn was a single mistake or a predictable result of how the company operated.

“responsible for hiring, supervising, training, assigning, or dispatching of drivers”

49 CFR 390.11

7. Do not accept blame for "passing on the right" without the facts

You may have been lawfully in your lane, stopped at a light, when the truck moved over and turned across you. Do not give a recorded statement to the trucking insurer describing what you did until you have seen the video and talked with a lawyer.

Florida rules that matter

Fault. Wide-turn cases often involve claims of shared fault. Florida reduces your damages by your share of fault and bars recovery if you are found "greater than 50 percent at fault for his or her own harm" (§ 768.81(6), Fla. Stat.). Each defendant pays only its own percentage (§ 768.81(3)).

Deadline. For negligence claims arising after March 24, 2023, Florida generally allows two years to file suit (§ 95.11(5)(a), Fla. Stat.), and two years for a wrongful death action (§ 95.11(5)(e)).

Crash report. A long-form report is required for crashes involving a commercial motor vehicle (§ 316.066(1), Fla. Stat.). During the first 60 days, reports that identify the people involved are confidential but available to the parties and their legal representatives (§ 316.066(2)).

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 operating only in Florida must carry $50,000 to $300,000 per occurrence by weight (§ 627.7415, Fla. Stat.). If you were on a motorcycle or bicycle, ask us how your own insurance applies before you file a claim.

“greater than 50 percent at fault for his or her own harm”

§ 768.81(6)

Your checklist

  1. Get medical care and keep records of every injury.
  2. Photograph the intersection, the lanes, the curb, and both vehicles.
  3. List nearby businesses and cameras so video can be requested quickly.
  4. Have a preservation letter sent to the carrier for camera, ELD, and driver records.
  5. Write down what you saw: the truck's signal, its lane, and its movement.
  6. Do not give a recorded statement to the trucking insurer.
  7. Talk with a trial lawyer well before the two-year deadline.

How we handle these cases

We reconstruct wide-turn crashes from the video, the lane geometry, and the truck's turning path, and we test the driver's account against the mirror setup, the camera footage, and the carrier's training and dispatch records. We represent people injured in truck crashes throughout Florida, including Miami-Dade, Broward, Palm Beach, Tampa, Orlando, and Jacksonville. Meetings are by appointment only. Call 305-748-3789 to talk with us.

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.

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