The truck accident lawyer in Miami, Jonathan Perazzo’s legal staff has learned through local news sources that a pedestrian in Hawthorne, Florida was struck and killed by two separate tractor-trailers within moments of each other on September 11, 2026, according to the Alachua Chronicle. Because Florida law no longer applies joint and several liability in negligence cases (Fla. Stat. § 768.81(3)), a family pursuing both trucking companies has to prove and separately apportion how much of the fault each carrier bears — not simply collect a full judgment from whichever carrier carries more insurance.
What Happened on U.S. 301
At about 11:54 p.m. on September 11, 2026, a 37-year-old St. Petersburg man crashed on the shoulder of northbound U.S. 301 near Hawthorne and walked into the travel lane, according to the Alachua Chronicle. The tractor-trailer accident occurred when the driver struck the pedestrian, and a second tractor-trailer driven by a 29-year-old Jacksonville man struck him shortly after, the Alachua Chronicle reported. He died minutes later, and neither truck driver was hurt, per the Alachua Chronicle.
FHP’s investigation remains open, and no charges had been announced as of publication, according to WCJB. Nothing here should be read as an assessment of fault.
Two Trucks, One Death: How Florida Splits Fault Between Defendants
Before 2006, Florida’s comparative fault statute still kept joint and several liability in some cases, so a defendant could be made to pay more than its own share of the economic damages (Fla. Stat. § 768.81(3) (2005)). Florida abolished that doctrine for negligence actions in 2006 (ch. 2006-6). Under Fla. Stat. § 768.81(3), a court “shall enter judgment against each party liable on the basis of such party’s percentage of fault and not on the basis of the doctrine of joint and several liability.”
Applied here, a family cannot collect the full loss from either carrier alone. They must show, impact by impact, how much of the outcome each truck caused — a harder proof problem than under the old joint-and-several rule, and exactly the work a Florida truck accident lawyer takes on.
Could the Man’s Own Actions Limit What a Family Can Recover?
Florida’s comparative-fault statute also caps recovery for a person found mostly responsible for their own injuries. Under Fla. Stat. § 768.81(6), a party found “greater than 50 percent” at fault for their own harm may not recover any damages.
FHP has not assigned fault to anyone in this crash, according to WCJB. Whether walking into the travel lane after a single-vehicle crash factors into that threshold is a question the investigation will have to answer.
The Deadline to File a Wrongful Death Claim
Florida’s Wrongful Death Act, §§ 768.16–768.26, lets a decedent’s survivors and estate pursue those responsible for a fatal crash — the claim a wrongful death lawyer would file on the family’s behalf. It generally must be filed within two years under Fla. Stat. § 95.11(5)(e) — but building a case against two separate carriers, each with its own insurer, takes longer than a single-defendant claim.
Why Fast, Independent Investigation Matters Here
When two carriers each point at the other, the evidence that decides fault often lives inside the trucks: electronic logging device (ELD) data, dashcam footage, and 911 call timing. Carriers control that data, and a delay in requesting it can mean it disappears before a claim is filed — the practical reason to involve a commercial truck accident lawyer early.
FAQ
Can my family sue both trucking companies after a crash like this?
Generally, yes, but each carrier’s liability is limited to its own percentage of fault under Fla. Stat. § 768.81(3).
What happens if fault can’t be split evenly between the two trucks?
No even split is required. Fault is apportioned based on the evidence — crash reconstruction, ELD and dashcam data, and witness accounts — and each carrier pays only its assigned share.
Is there a deadline to file?
Florida’s wrongful death statute of limitations is generally two years from the date of death, under Fla. Stat. § 95.11(5)(e). Evidence like ELD data can disappear well before that deadline.
Talk to the Firm About This Case
A death involving two commercial trucks raises liability questions that a single-vehicle crash does not. If your family is facing this kind of case, contact The Perazzo Law Firm for a free case evaluation, or call 888-PERAZZO (888-737-2996). This is general information, not legal advice, and it does not create an attorney-client relationship.
Miami Truck Accident Lawyer Advertising material. Past results do not guarantee a similar outcome. The Perazzo Law Firm maintains bona fide offices in North Miami Beach, Florida and Atlanta, Georgia. Responsible attorney: Jonathan Perazzo, Esq.