The truck accident lawyer in Miami, Jonathan Perazzo explains that when a commercial truck disabled in a travel lane is struck from behind by another truck, Florida law can point to more than one responsible party at once. The rear driver has an independent duty to keep a safe following distance no matter what is stopped ahead, while the disabled truck’s driver and motor carrier may face separate questions about whether the scene was properly protected. Florida’s comparative negligence statute then decides how — or whether — either side collects, based on the percentage of fault a jury or insurer assigns.
A Fatal I-95 Crash in Volusia County
The Perazzo Law Firm has learned, according to Action News Jax, that a 57-year-old truck driver’s semi struck a deer on I-95 south in Ormond Beach, Volusia County, early Thursday morning, disabling the vehicle. The driver activated his hazard lights, and the truck remained in the outside travel lane. A second semi, driven by a 59-year-old man, then rear-ended the disabled truck. The collision sparked a fire. The driver of the disabled truck died; the second driver was not transported to a hospital.
Florida Highway Patrol is investigating, and Action News Jax reports the crash “remains under investigation,” with no cause or fault determination released as of publication. Neither driver has been publicly identified. This article is a summary of that public reporting only — it does not allege fault by either driver in this specific, still-open investigation.
Who Can Be Liable When a Truck Hits a Disabled Truck?
Fatal rear-end crashes involving a stopped or disabled commercial vehicle typically raise two separate legal questions, and Florida law treats them as distinct duties owed by two different drivers.
The Rear Driver’s Duty to Maintain a Safe Following Distance
Under Fla. Stat. § 316.0895, every driver in Florida — including a commercial truck driver — must maintain a distance from the vehicle ahead that allows enough time to stop safely, sometimes called the assured-clear-distance rule. That duty applies regardless of why the vehicle ahead is on the road, whether it is slowing for traffic, stopped at a light, or disabled in a travel lane. A rear driver who cannot stop in time for an obstruction they should have seen and reacted to may be found to have violated this duty.
The Disabled Truck’s Duty to Protect the Scene
Commercial drivers also carry a separate obligation once a truck becomes disabled in a travel lane. Federal safety regulations generally require a commercial driver to place warning devices — reflective triangles or flares — on the roadway within a short time after the vehicle stops, in addition to using hazard lights, so that approaching traffic has advance notice of the obstruction. Whether that protocol was followed correctly in this crash is exactly the kind of question Florida Highway Patrol investigators will be examining — the facts reported so far say only that hazard lights were on, and say nothing about warning triangles either way.
Florida’s Comparative Negligence Bar Can Cut Off a Claim Entirely
Even where a driver was careless, Florida’s modified comparative negligence law, Fla. Stat. § 768.81(6), can bar recovery outright. A party found more than 50 percent at fault for their own injuries or death cannot recover any compensation from the other party, no matter how badly they were hurt. In a two-truck rear-end crash where both drivers’ conduct is in question — following distance on one side, scene protection on the other — that comparative-fault line can become the entire case. This cuts both ways: a family pursuing a wrongful death claim on behalf of the disabled truck’s driver, and the second driver or his company defending against it, both have real incentive to establish where fault actually falls.
A Wrongful Death Claim After a Fatal Trucking Crash
Because this crash was fatal, any civil claim on behalf of the deceased driver would fall under Florida’s Wrongful Death Act, Fla. Stat. §§ 768.16–768.26. Under that statute, the personal representative of the deceased’s estate — not individual family members directly — files the claim, though the recoverable damages are intended to compensate the surviving spouse, children, and other statutory beneficiaries for their losses. Because the deceased was working as a commercial driver at the time of the crash, his employer or estate may also have an independent claim against the second driver and that driver’s motor carrier, separate from any workers’ compensation issue that may exist on the employment side.
Florida also sets a hard deadline for filing. Under Fla. Stat. § 95.11(5)(a), most negligence-based injury and wrongful death claims must be filed within two years of the date of the crash or death. Missing that window generally bars the claim regardless of its merit.
Fire Damage Raises the Urgency of Evidence Preservation
A post-collision fire changes the evidence timeline. Physical evidence that would normally sit at a wrecking yard for weeks — the trucks themselves, any warning devices that were or were not deployed, skid marks, and scene debris — can be damaged, destroyed, or cleared faster after a fire. Salvage yards also routinely release or scrap vehicles once an investigation formally closes.
For a case like this one, that makes it important to move quickly on a written preservation letter. The letter should demand that both carriers hold onto their electronic logging device (ELD) and telematics data, any dashcam footage from either truck, and all scene photographs taken by first responders — before that data is overwritten or the vehicles are released. A Florida truck accident lawyer can typically send this kind of letter within days of being retained.
The firm’s earlier piece on why truck accident evidence disappears fast in Florida covers this preservation process in more detail, including which records carriers are required to keep and for how long.
The Trucking Company May Also Be a Liable Party
Beyond the drivers themselves, the motor carrier that owns or operates the second truck can also be named as a liable party, typically through vicarious liability for its driver’s conduct while on the job. That doctrine is its own detailed area of Florida trucking law and is not the focus of this article — a family evaluating a claim in a crash like this one should expect their attorney to investigate the second truck’s ownership and operating authority as a matter of course.
Frequently Asked Questions
Who is liable when a truck rear-ends a disabled truck in Florida?
It depends on the facts. The rear driver’s failure to maintain a safe following distance and the disabled truck driver’s compliance with scene-protection rules are both examined, and fault can be split between them under Florida’s comparative negligence law.
Does it matter if the disabled truck had its hazard lights on?
Hazard lights are one factor, but they are not the only safety step commercial drivers are expected to take once a truck is stopped in a travel lane. Investigators typically also look at whether reflective warning devices were placed and how quickly.
Can a family still recover if the deceased driver was partly at fault?
Possibly, but only up to a point. Under Fla. Stat. § 768.81(6), a party found more than 50 percent at fault for their own death cannot recover — so the fault percentage assigned to each driver often decides the outcome of the case.
How long do we have to file a wrongful death claim after a Florida truck crash?
Generally two years from the date of death under Fla. Stat. § 95.11(5)(a), though certain facts can affect that deadline. Speaking with an attorney early preserves options and evidence.
What should be preserved right away after a fatal crash involving a fire?
Both trucks’ ELD and telematics data, any dashcam footage, scene photographs, and the physical vehicles themselves before they are released or scrapped. A preservation letter sent quickly can prevent this evidence from being lost.
Talk to a Florida Truck Accident Lawyer
Fatal crashes involving two commercial trucks raise overlapping questions of fault, federal safety compliance, and fast-disappearing evidence — questions that are easier to answer while the investigation is still open than after it closes. Handling a commercial truck crash claim means moving on evidence preservation and carrier notice quickly, while the facts are still available. If your family is dealing with a fatal or serious trucking crash in Florida, our team can review what Florida Highway Patrol has released so far and start preserving evidence on your behalf.
Call 888-PERAZZO or contact us online for a free case evaluation. There is no attorney’s fee unless we recover for you. Past results do not guarantee a similar outcome in your case.
Attorney Advertising. The Perazzo Law Firm, North Miami Beach, Florida. This article is general information about Florida law, not legal advice, and does not create an attorney-client relationship. It does not allege fault by any party in the pending Volusia County investigation described above.