What families need to know about who brings the claim, what Florida law allows them to recover, and why the trucking evidence has to be preserved right away.
Crashes with tractor-trailers are often deadly. A fully loaded truck can weigh up to 80,000 pounds and carries forces that a passenger car cannot absorb. When a family loses someone this way, the last thing they want to think about is a legal claim. But in trucking cases, the first weeks matter most, because the evidence that explains why the crash happened is in the hands of the trucking company, and federal rules let carriers discard much of it after short periods.
This guide explains how Florida wrongful death law works in a truck case, who may recover, and what we do in the first days to protect the family’s claim.
Who brings the claim
In Florida, a wrongful death case is not filed by each family member separately. The law says the action “shall be brought by the decedent’s personal representative,” the person appointed through the probate court to represent the estate. § 768.20, Fla. Stat. The personal representative brings one claim on behalf of the estate and all the survivors.
The same section also explains why timing and structure matter: when an injury causes death, “no action for the personal injury shall survive.” If the person who was hurt had already started an injury case and later died from those injuries, the case becomes a wrongful death case.
“shall be brought by the decedent’s personal representative,”
§ 768.20, Florida Statutes
Who counts as a survivor
Florida defines survivors as the decedent’s spouse, children and parents, and in some situations other relatives who were partly or wholly dependent on the decedent for support or services. § 768.18(1). The statute defines “minor children” as “children under 25 years of age, notwithstanding the age of majority.” § 768.18(2). That definition matters, because it controls who may recover for the loss of a parent’s companionship and guidance.
“minor children”
§ 768.18(1), Florida Statutes
What the family and the estate can recover
Section 768.21 lists the damages, and they belong to different people:
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Each survivor may recover the value of lost support and services, past and future.
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A surviving spouse may recover for loss of companionship and protection and for “mental pain and suffering.”
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Minor children, and all children when there is no surviving spouse, may recover for lost parental companionship, instruction and guidance and for mental pain and suffering.
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Parents of a deceased minor child may recover for mental pain and suffering; parents of an adult child may do so when there are no other survivors.
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Medical and funeral expenses are recoverable by whoever paid them.
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The estate may recover the decedent’s lost earnings from injury to death and, in the situations the statute describes, the loss of “prospective net accumulations,” meaning what the person would likely have saved and left behind.
Because the categories differ, the facts that prove them differ too: income records, the household services the person provided, the relationships within the family, and the plans that were cut short. We build that proof alongside the liability case from the start.
Why trucking cases are different
A trucking death case is usually decided by records the family has never seen. The driver’s electronic logs show whether he was over his federal hours limits. The truck’s engine module and telematics show speed and braking. Dashcams may show the road and the driver. Maintenance and inspection records show whether brakes and tires were neglected. Post-accident drug and alcohol testing is required after any crash involving a death, and the carrier must document it. 49 C.F.R. § 382.303.
Federal rules require carriers to keep drivers’ records of duty status and supporting documents for six months. 49 C.F.R. § 395.8(k)(1). Interstate carriers hauling ordinary freight in heavy trucks must carry at least $750,000 in liability coverage, 49 C.F.R. § 387.9, and many carry more. Those rules are why we send a written preservation demand to every company involved, the carrier, the truck owner, the broker and the shipper, as soon as we are retained.
Deadlines
Florida’s deadline for a wrongful death action is generally two years from the date of death. § 95.11(5)(e). If a government vehicle or agency is involved, shorter written notice requirements can apply. Estates also take time to open. Families should not wait to speak with a lawyer.
What families can do now
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Keep the crash report number, photographs, and the names of witnesses and first responders.
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Do not give a recorded statement to the trucking company or its insurer.
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Gather pay records, tax returns and benefits information for the person who died.
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Keep medical and funeral bills and records of who paid them.
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Talk to a lawyer about opening the estate and sending preservation letters immediately.
How we handle these cases
We treat a fatal truck crash as an investigation from the first day: preservation demands, the truck’s data, the driver’s logs and file, the company’s safety history, and reconstruction where it helps a jury see what happened. At the same time, we document the family’s loss with the care it deserves. If you lost a family member in a truck crash anywhere in Florida, call us at 305-748-3789. Meetings by appointment only.
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.