Florida Trucking Company Attorney: What They Do, Why You Might Need One, and How to Work with Them

By Eckert and Associates, PA

When a trucking company in Florida is hit with a legal issue, whether it’s a personal injury lawsuit, a regulatory violation, or a contract dispute, the stakes are high. These aren’t just minor problems you can push aside. Fines, lawsuits, and FMCSA compliance problems can shut you down, or at the very least, bleed time and money. That’s where a Florida trucking company attorney comes in.

What is a Florida Trucking Company Attorney?

This isn’t just a general lawyer with a business card. A Florida trucking company attorney is someone who knows the ins and outs of federal and Florida state transportation laws. Not just personal injury claims (though that’s a big one). We’re talking about DOT audits, broker-carrier agreements, subrogation issues, employment law within the scope of CDL drivers, cargo claims, and even independent contractor misclassification lawsuits. They handle legal issues that directly hit your operations.

Trucking laws are layered — federal, state, and even local regulations. And if you’re not navigating them correctly, you could end up out of service or on the hook for thousands in damages.

Why Would a Florida Trucking Company Need an Attorney?

• FMCSA Violations: Failing to keep accurate ELD logs, hours-of-service violations, drug testing problems — these can lead to fines or worse, shutdowns. A trucking attorney helps you address violations before they snowball.
• Accidents and Personal Injury Claims: A truck in an accident is immediately under legal scrutiny. Plaintiff lawyers move fast. If your company doesn’t respond correctly, your liability exposure can skyrocket. You need someone on your side from day one — not two weeks later.
• Independent Contractor vs Employee Disputes: This is a growing area of litigation in Florida. If you’re misclassifying drivers — even unintentionally — you could face back pay, tax penalties, and lawsuits. An experienced attorney can help you structure your contracts properly.
• Cargo Claims and Insurance Disputes: If cargo is lost or damaged in transit, who’s responsible? What does your insurance actually cover? When the answers aren’t clear, disputes can turn into litigation quickly.
• Broker-Carrier Agreements and Contracts: These contracts aren’t standard across the board. Carriers often sign terms that are stacked against them without knowing it. An attorney who knows trucking law can help level the field.

What Happens If You Don’t Work with a Trucking Attorney?

It depends on the issue. But here are some real consequences that companies in Florida have faced:

• DOT Audit Failures: Companies have been fined over $10,000 for recordkeeping violations alone. That’s not rare. If you don’t prep properly or respond effectively, you can get slapped with penalties or even conditional ratings that affect your ability to book loads.
• Lawsuits Without Proper Defense: Some carriers don’t hire experienced counsel quickly after a crash. Big mistake. Plaintiff lawyers in Florida are aggressive — especially when there’s a semi-truck involved. The longer you wait, the more your liability grows.
• Contract Trouble: We’ve seen carriers stuck in one-sided agreements that waive important rights, agree to indemnify brokers unnecessarily, or lock them into arbitration clauses in jurisdictions far outside Florida. All preventable with proper legal review.
• Driver Misclassification Fines: If you’re audited and found to have misclassified your drivers, you could be responsible for years of unpaid payroll taxes, plus penalties.

What Should You Look For in a Florida Trucking Company Attorney?

• Deep Knowledge of FMCSA Regulations: They should know Parts 380–399 of the Federal Motor Carrier Safety Regulations like the back of their hand.
• Experience with Florida-Specific Laws: Florida has its own laws around negligent hiring, vicarious liability, and tort reform. You need an attorney who doesn’t just dabble here — they practice in this space regularly.
• Availability in Crisis: A serious accident or a DOT investigation doesn’t happen during business hours only. Can you reach your lawyer at 2 a.m.? If not, you need a new one.
• Understands the Business Side Too: Legal advice without operational understanding is useless. Your attorney should understand how your business runs — dispatch, maintenance, driver issues, insurance requirements — all of it.

Common Mistakes Trucking Companies Make

• Not having contracts reviewed before signing
• Ignoring FMCSA audit prep until the notice arrives
• Misclassifying drivers to cut costs
• Not documenting hiring and training procedures
• Letting insurance companies dictate post-accident strategies
• Assuming “we’ve always done it this way” is a legal defense

How a Trucking Attorney Can Actually Save You Money

Yes, they bill by the hour. But the right trucking lawyer can save you tens of thousands by preventing litigation, tightening up contracts, or helping you navigate DOT audits cleanly.

They can:

• Review your employment agreements to avoid wage and hour lawsuits
• Help you respond quickly and correctly to serious crashes
• Analyze your lease agreements to make sure they follow FMCSA leasing rules (49 CFR Part 376)
• Fight unreasonable cargo claims with carriers or brokers
• Guide you through structured settlements or negotiate lower liability outcomes

When to Call a Trucking Attorney

Don’t wait for a disaster. If you’re:

• Starting a new trucking company in Florida
• Hiring or firing drivers
• Facing an audit
• Involved in a crash
• Reviewing your insurance coverage
• Signing new contracts with brokers or shippers
• Making decisions about your company’s legal structure

That’s when you should pick up the phone.

Final Thoughts

Running a trucking company in Florida is hard enough without dealing with legal landmines. But those landmines are there — embedded in contracts, audits, crash reports, and hiring paperwork. The key isn’t to become a lawyer yourself. It’s to work with one who understands your business, your risks, and the law as it applies to your trucks, your people, and your future.

At Eckert and Associates, PA, we work directly with trucking companies across Florida to handle legal issues that are specific to this industry — not as an afterthought, but as the core of what we do. We’re not here to write your contracts in legalese no one can understand. We’re here to make sure your company stays protected, profitable, and compliant.

No sales pitch. Just the facts. If you’re operating in Florida and you’re not working with a trucking attorney, you’re taking risks you may not even see coming. Reach out. Get ahead of it.