Is a business responsible when its employee causes a crash?
Generally yes, when the employee was acting within the scope of the job. The business may also be liable for its own negligence in hiring, training, supervising, or maintaining vehicles.
Florida's dangerous instrumentality doctrine also makes a vehicle's owner responsible for how it is used by someone it allows to drive. Southern Cotton Oil Co. v. Anderson, 86 So. 629 (Fla. 1920). There are limits. A business that rents or leases vehicles generally isn't liable just because it owns the vehicle, unless the business itself was negligent. 49 U.S.C. § 30106.
How much insurance do commercial vehicles carry?
More than personal vehicles, and heavier trucks are required to carry more. Many businesses also carry umbrella or excess policies.
Florida sets minimum combined liability coverage for commercial vehicles by weight: $50,000 for 26,000 to 35,000 pounds, $100,000 for 35,000 to 44,000 pounds, and $300,000 for 44,000 pounds and up. Vehicles subject to federal trucking rules must carry the higher federal minimums. Fla. Stat. § 627.7415. See truck accident cases.
Those are minimums. Most businesses carry more. Finding every policy is a big part of what I do in these cases.
What evidence matters in a commercial vehicle crash?
GPS and telematics data, dash cameras, the driver's work schedule and route, maintenance records, and the company's hiring and safety records.
Fleet vehicles often have cameras and trackers that record speed, braking, and location. That data can be overwritten, so a preservation letter should go out right away. Read more about evidence preservation.
What if it was a city truck, a JTA bus, or another government vehicle?
Different rules apply. Claims against government agencies require written notice before suit and have limits on damages.
Under Fla. Stat. § 768.28, written notice must be given to the agency within 3 years, and, for state agencies, also to the Department of Financial Services. Don't wait on these.
Common questions
What if the driver says they were not working at the time?
Whether the driver was acting within the scope of the job is a question of fact. Work schedules, GPS data, and phone records often answer it. The vehicle owner may also be responsible either way.
What if I was working when I was hit?
You may have a workers' compensation claim and a separate claim against the at-fault driver and their employer. The two have to be coordinated.
How long do I have?
For most crashes on or after March 24, 2023, two years for the negligence claim. Fla. Stat. § 95.11(5)(a).
This page is general information about Florida law, not legal advice for your situation.