The accident lawyer in Miami and Georgia, Jonathan Perazzo, has learned through his experience handling accidents involving trucks that a rear-end collision with a commercial truck is not automatically the truck driver’s fault under Florida law. A recent I-75 crash in Sarasota County, where a tractor-trailer struck a van from behind after the van was allegedly traveling below the highway’s posted minimum speed, shows why: Florida’s minimum-speed statute and its comparative-fault rules can shift a meaningful share of responsibility onto the vehicle in front — while the truck driver’s own duty to keep a safe following distance stays fully in play at the same time.
What Happened on I-75 in Sarasota County
According to Florida Highway Patrol and local news outlets Suncoast News Network (mysuncoast.com) and the Tampa Free Press (tampafp.com), the crash happened around 10:28 a.m. on August 6, 2026, on I-75 southbound near mile marker 174 in Sarasota County. Florida Highway Patrol says a van was traveling below the highway’s posted minimum speed limit when a tractor-trailer struck it from behind. Both vehicles left the roadway and overturned. According to Suncoast News Network (mysuncoast.com), the van’s driver and passenger, along with the truck driver, were taken to a local hospital with non-life-threatening injuries; no fatalities have been reported. The case remains open and under investigation. No driver has been identified, no trucking company has been named, and no citation or fault determination has been publicly reported.
That last point matters more than it might seem. Most people who hear “rear-end truck crash” assume the outcome before the facts are even in: the truck driver was following too closely, end of story. Florida law does not work that way, and this crash — precisely because it involves an alleged minimum-speed violation — is a useful real-world illustration of why.
Florida Has a Minimum Speed Law, Not Just a Maximum
Most Florida drivers know the state sets maximum speed limits. Far fewer know that Fla. Stat. § 316.183 also authorizes minimum speed limits on many highways, and separately prohibits driving “at such a slow speed as to impede the normal and reasonable movement of traffic” except when reduced speed is necessary for safety or to comply with the law. In plain terms: on a highway like I-75, driving unreasonably slowly can itself be a traffic violation, not just driving too fast.
This is the side of the statute almost nobody thinks about — but it is directly relevant any time a rear-end crash happens on a highway with heavy, fast-moving traffic and one vehicle traveling well below the flow.
How a Minimum-Speed Violation Can Shift Fault
Florida is a modified comparative negligence state under Fla. Stat. § 768.81. Under the 2023 tort reform (HB 837), a plaintiff who is found more than 50 percent at fault for their own injuries recovers nothing. Below that threshold, a plaintiff’s recovery is simply reduced by their own percentage of fault — a plaintiff found 30 percent at fault recovers 70 percent of their damages, for example.
That framework changes how a case like the Sarasota County crash gets evaluated. If evidence shows the forward driver was violating the minimum-speed statute — traveling well below the flow of traffic without a safety justification — that conduct can become evidence used to argue the forward driver bears part of the responsibility for the collision, even though their vehicle was struck from behind. Depending on how the percentages shake out, that can meaningfully affect what a claim is worth, or in an extreme case, bar recovery entirely if a jury assigns the forward driver more than half the blame.
This Does Not Automatically Clear the Truck Driver
Here is the part that gets lost when people oversimplify this issue: a minimum-speed violation by the vehicle in front does not wipe out the truck driver’s own legal obligations. Fla. Stat. § 316.0895 requires every driver — including commercial truck drivers — to maintain a safe following distance and remain able to stop safely given road, weather, and traffic conditions. That duty exists independently of what the vehicle ahead is doing. A truck driver who was following too closely, distracted, fatigued, or otherwise not maintaining a safe distance can still bear significant fault, regardless of how slowly the van in front may have been traveling.
Florida apportions fault by percentage, not on an all-or-nothing basis. Both drivers’ conduct gets weighed against the specific facts — speed, following distance, visibility, road conditions, and more. That means a case like this one is a genuine, fact-specific comparative-fault question, not a case where either driver’s liability can be assumed from the headline alone.
Statute of Limitations for Florida Truck Accident Claims
An experienced Miami truck accident lawyer knows that Florida law generally gives injured people two years from the date of the crash to file a negligence lawsuit, under Fla. Stat. § 95.11(5)(a), for claims arising on or after March 24, 2023. Missing that window typically bars the claim entirely, regardless of how strong the underlying case is. Anyone injured in a crash like this one should treat that deadline as a hard outer limit, not a target — the evidence-gathering work described below needs to happen long before the two-year mark.
Why Evidence in Trucking Cases Disappears Fast
Commercial trucking crashes depend on evidence that has a short shelf life. A truck’s engine control module (ECM), sometimes called its “black box,” records pre-crash speed, braking, and throttle data — but it can be overwritten or lost once the truck goes back into service or gets sent to salvage. Electronic logging device (ELD) records showing the driver’s hours of service can be subject to routine data-retention cycles. Dashcam footage, when it exists, often auto-overwrites within days. And the vehicles themselves are frequently repaired, sold, or scrapped long before a claim is fully investigated.
Because of that, anyone involved in a crash like the one in Sarasota County benefits from having a lawyer send preservation letters — formal notices demanding that the trucking company retain its ECM data, ELD records, and any video — as early as possible. Waiting even a few weeks can mean the difference between having that evidence available and having it gone for good.
What This Means If You Were Involved in a Similar Crash
If you were hurt in a highway crash involving a commercial truck — whether you were in the truck, the vehicle in front, or a third vehicle — the fault analysis is rarely as simple as “the truck hit me from behind, so the trucking company is responsible” or “I was cited, so I have no case.” Florida’s comparative-fault system means both sides of a collision like this typically get scrutinized, and the outcome depends on evidence, not assumptions. A Florida truck accident lawyer can help sort out what the ECM data, ELD records, and crash reconstruction actually show before the trucking company’s own investigators get ahead of the evidence.
Frequently Asked Questions
Is a rear-end crash always the truck driver’s fault in Florida?
No. While rear-end crashes often do involve fault on the part of the following driver, Florida’s comparative-fault system allows evidence about the forward driver’s conduct — such as an alleged minimum-speed violation — to shift part of the responsibility. Each case depends on its specific facts.
What is Florida’s minimum speed law?
Fla. Stat. § 316.183 allows minimum speed limits on certain highways and separately prohibits driving so slowly that it impedes the normal, reasonable flow of traffic, unless reduced speed is required for safety or legal compliance.
Can I still recover damages if I was partly at fault?
Generally, yes — under Fla. Stat. § 768.81, an injured person can still recover damages if they are found 50 percent or less at fault, though the recovery is reduced by their own percentage of fault. A person found more than 50 percent at fault recovers nothing.
How long do I have to file a truck accident claim in Florida?
Generally two years from the date of the crash under Fla. Stat. § 95.11(5)(a), for claims arising on or after March 24, 2023. Deadlines can vary depending on the circumstances, so it’s important to confirm your specific timeline with a lawyer promptly.
What evidence should I preserve after a truck accident?
Key evidence includes the truck’s ECM (“black box”) data, ELD hours-of-service records, any dashcam footage, photos of the scene and vehicle damage, and the vehicles themselves before repair or salvage. A lawyer can send preservation letters quickly to help prevent this evidence from being lost.
Talk to a Florida Truck Accident Lawyer
Truck accident claims involving comparative-fault questions require careful, fact-specific work — reconstructing what each driver did, pulling the right records before they disappear, and building the case on evidence rather than assumptions. If you or someone you love was hurt in a crash involving a commercial truck in Florida, the team handling truck accident claims at The Perazzo Law Firm can review what happened and explain your options. Case evaluations are free, and there is no attorney’s fee unless we recover. Contact The Perazzo Law Firm or call 888-PERAZZO (888-737-2996) to get started.
This blog post is general information only, not legal advice, and does not create an attorney-client relationship. Past results do not guarantee a similar outcome in any future case; every case is different and depends on its own facts. This is advertising material. The Perazzo Law Firm’s bona fide office is located in North Miami Beach, Florida.