The Miami Motorcycle accident lawyers at the Perazzo Law Firm understands that when a motorcycle strikes the back of a truck in Florida, the rear driver is presumed negligent under Florida law — but that presumption is rebuttable, not final. Evidence of a sudden or unexplained stop, a trailer stopped in a live lane, poor rear conspicuity, or a failed underride guard can shift or share fault. Fault is a factual question, not an automatic conclusion.
According to WSVN 7News, two people were killed on July 18, 2026 on U.S. 27 southbound near Pines Boulevard in Miramar. The report stated that traffic had slowed, a motorcycle driver was unable to stop in time, and the motorcycle struck the back of a tractor-trailer. Both the motorcycle’s driver and passenger died. The Miramar Police Department is investigating. No names, charges, or fault findings have been released, and the investigation remains ongoing.
Nothing below is a statement about that crash or about who was responsible for it. It is a general explanation of how Florida law treats rear-end motorcycle collisions with tractor-trailers, because families in this situation are often told — sometimes on the day of the crash — that they have no case at all. That is not what Florida law actually says.
Why Underride Crashes Are Catastrophic for Motorcyclists
An “underride” crash happens when a smaller vehicle travels beneath the body of a trailer instead of striking a bumper. The physics matter here, and they are worth stating plainly.
In an ordinary rear-end collision between two passenger cars, the vehicles’ crumple zones and bumpers are at roughly the same height. Energy is absorbed over a distance, and safety systems — belts, airbags, the structure of the car itself — have something to work with.
A trailer bed sits far higher than a motorcycle. There is no bumper at the point of contact. Instead, the first thing a rider meets is the rear edge or underside of the trailer structure, at or above the level of the rider’s upper body. The motorcycle may pass partially beneath the trailer while the rider does not. That is why underride collisions produce fatal or catastrophic outcomes at speeds that would be survivable in almost any other configuration, and why a Florida motorcycle accident lawyer treats these cases as structurally different from a routine rear-end claim.
Florida’s Rear-End Presumption — and How It Can Be Rebutted
Florida courts apply a presumption that the rear driver in a rear-end collision was negligent. It exists because, in the ordinary case, the rear driver controls following distance and speed.
But the presumption is rebuttable. Florida courts have recognized that evidence such as a sudden stop, an illegally stopped vehicle, or a mechanical failure can overcome it. Other conditions — including how the trailer was equipped — may also support an argument that fault should be shared. Evidence commonly examined includes:
- A sudden, unexpected, or arbitrary stop by the lead vehicle — a stop the rear driver had no reasonable way to anticipate.
- A vehicle illegally or unexpectedly stopped in a live travel lane, including a disabled or parked trailer where traffic is otherwise moving.
- Mechanical failure of the rear vehicle — such as brake failure — that was not caused by the rear driver’s own negligence or neglected maintenance.
- Inadequate rear lighting or conspicuity on the trailer — missing, dirty, damaged, or non-reflective tape and lamps, which matters most at night and in low visibility.
- A rear underride guard that failed, was missing, was previously damaged, or did not meet applicable standards.
None of these is a magic key. Each has to be proven with physical evidence, records, and often expert reconstruction. But their existence is the reason a rear-end motorcycle death should not be written off in the first 48 hours.
Florida’s Modified Comparative Negligence Bar Is Real
Fla. Stat. §768.81, as amended by HB 837 effective March 24, 2023, sets a hard rule: a claimant found more than 50% at fault recovers nothing. At 50% or less, recovery is reduced in proportion to the claimant’s share of fault.
This is a genuine obstacle in rear-end cases, and it should be described honestly rather than minimized. If a rider is ultimately assigned 60% of the fault, the claim ends — regardless of how severe the loss is.
The reason investigation still matters is that fault allocation is a factual question decided on evidence, not an assumption made from the geometry of the impact. A case that appears to be 100% on the rider on day one can look different once trailer conspicuity, guard condition, and the lead vehicle’s stopping behavior are examined. It can also look worse. Both outcomes are possible, and no lawyer can tell you which before the evidence is in. Past results do not guarantee a similar outcome.
Wrongful Death Claims in Florida
When a crash is fatal, the claim proceeds under Florida’s Wrongful Death Act, Fla. Stat. §§768.16–768.26. Key mechanics families should understand:
- The personal representative of the decedent’s estate — not individual family members — files the action.
- The personal representative brings the claim on behalf of the estate and all statutory survivors, whose recoverable damages are defined by the statute.
- Because a single crash can kill more than one person, separate estates and separate sets of survivors may each have claims arising from the same collision.
Opening an estate and appointing a personal representative takes time, which is one more reason the evidence side of the case cannot wait for the probate side to catch up.
The Two-Year Deadline
Under Fla. Stat. §95.11, negligence causes of action accruing after March 24, 2023 are subject to a two-year statute of limitations. Deadlines in wrongful death matters can turn on facts specific to the case, so the safe assumption is that the clock is short and already running.
Evidence Disappears — Usually From the Carrier’s Side
The single most consequential thing that happens in the first weeks of a truck case is evidence loss. Most of the proof that could rebut the rear-end presumption is controlled by the trucking company, not the family:
- ECM / “black box” data — speed, braking, and throttle history in the moments before impact.
- ELD and hours-of-service logs — driver duty status and route history.
- Dashcam and onboard camera footage, which commonly overwrites itself on a rolling cycle.
- The trailer itself, including its rear underride guard, lamps, and reflective tape, before it is repaired or returned to service.
- Maintenance and inspection records for the tractor and trailer.
- Roadway, business, and traffic-camera video, which is often retained only briefly.
A written preservation — or spoliation — letter sent early puts a carrier on notice that these records must not be destroyed in the ordinary course. Once a trailer is repaired or a camera loop cycles, that evidence is generally gone for good. This is the core of how a Florida truck accident attorney builds a commercial-vehicle case, and it is why handling your motorcycle crash claim promptly matters more here than in almost any other collision type.
Frequently Asked Questions
Does rear-ending a truck in Florida automatically mean the motorcyclist was at fault?
No. Florida applies a presumption of negligence to the rear driver, but it is rebuttable. Evidence of a sudden or unexpected stop or a vehicle stopped in a live travel lane can rebut it, and conditions such as poor rear conspicuity or a failed underride guard may support an argument that fault should be shared. Whether that succeeds depends on the evidence in each case.
What is an underride guard?
It is the structure mounted at the rear of a trailer intended to prevent a smaller vehicle from traveling beneath the trailer bed. Its condition, presence, and compliance with applicable standards are examined in underride cases.
Who files a wrongful death claim in Florida?
The personal representative of the decedent’s estate files, on behalf of the estate and the survivors identified by Fla. Stat. §§768.16–768.26.
How long do I have to file?
Fla. Stat. §95.11 provides a two-year limitations period for negligence causes of action accruing after March 24, 2023. Because deadlines can vary with the facts, it is best to confirm yours early.
What if my loved one was partly at fault?
Under Fla. Stat. §768.81, recovery is barred if the claimant is more than 50% at fault, and reduced proportionally at 50% or less. Fault percentages are determined by evidence, not by the crash’s initial appearance.
Speak With a Florida Motorcycle Accident Attorney
If your family lost someone in a motorcycle-versus-truck collision in Broward, Miami-Dade, or anywhere in Florida, an early evidence-preservation effort is often the difference between a claim that can be evaluated and one that cannot. The Perazzo Law Firm offers free consultations and works on a contingency basis: no recovery, no fee — no attorney’s fee unless we recover. Past results do not guarantee a similar outcome.
Call 888-PERAZZO or request a free case consultation to discuss your situation.
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