PENSACOLA, FL, August 3, 2026 - Lusko Law, a personal injury firm based in Pensacola, has published new legal guidance for victims of commercial truck crashes following the release of the National Highway Traffic Safety Administration's (NHTSA) June 2024 Report to Congress on Side Underride Protection. The federal report confirmed that underride crash fatalities are frequently underreported in national crash databases, a finding that Pensacola truck accident lawyers and road safety advocates say underscores a long-documented gap in commercial truck safety regulations across Florida and the broader United States.
Federal Data Reveals a Broader Death Toll Than Previously Recorded
The NHTSA's June 2024 congressional report found that actual underride fatalities are not accurately reflected in national crash data, meaning the true annual death count from these collisions is likely higher than official statistics suggest. Underride crashes occur when a passenger vehicle slides beneath the rear or side of a large commercial trailer. Because the trailer undercarriage strikes the passenger compartment directly, bypassing crumple zones and airbags, severe injuries and fatalities can result even at relatively low speeds. For a truck accident lawyer evaluating an underride case, confirmation of systemic underreporting also affects how liability evidence is framed and preserved.
Absent Guards Can Form the Basis of a Negligence Claim
When a trucking company has the means and knowledge to install effective underride protection but does not, that decision may constitute actionable negligence under Florida and federal law, even in cases where side guards are not technically required by regulation. The legal significance of this gap is especially relevant to cases involving trailer manufacturers, third-party maintenance providers, and carriers that operate trailers with degraded or undersized rear guards. Identifying all potentially liable parties requires evidence collection that must begin immediately following a crash.
Florida Law Creates a Time-Sensitive Legal Environment
Florida incorporates FMCSA regulations through Florida Statute Section 316.02, establishing binding standards for commercial truck equipment, driver hours, and vehicle maintenance. These rules are the foundation on which any trucking accident lawyer in Florida builds an underride injury claim, and they apply to every commercial carrier operating within the state.
Modified Comparative Fault Shapes: What Victims Can Recover
Under Florida Statute Section 768.81, an injured party found to be more than 50% responsible for a crash may recover no compensation, regardless of injury severity. Trucking company defense teams mobilize quickly after a collision to gather evidence and construct narratives that shift fault toward the passenger vehicle driver. Early engagement of a qualified trucking accident lawyer is among the most consequential decisions a victim or family can make following an underride crash.
Evidence Disappears Quickly Without Legal Intervention
Florida Statute Section 95.11 imposes a two-year statute of limitations on negligence-based personal injury and wrongful death claims. In underride cases, this period is critical for securing time-sensitive evidence, including event data recorder logs, driver qualification files, and maintenance records. Because these materials can be quickly overwritten or destroyed, consulting semi truck accident lawyers or a Pensacola truck accident lawyer immediately is vital to preserving the legal claim.
Liability in Underride Crashes Extends Across Multiple Parties
Responsible parties in an underride collision may include the truck driver for negligent operation, the trucking company for maintenance failures or training deficiencies, cargo loaders for improperly secured freight, trailer manufacturers for defective or undersized underride guards, and third-party maintenance providers that missed required inspections.
Truck accident lawyers in Pensacola and across Florida consistently identify equipment deficiencies and regulatory violations as primary liability factors in underride cases. Identifying the full scope of responsible parties requires black box data, driver logs, cargo manifests, and maintenance records secured as early as possible. The firm's published guidance covers how each liability category intersects with Florida's legal framework and is available to residents at no cost.
“Lusko Law can provide crucial assistance by conducting a thorough investigation to determine the cause of the crash, identifying all liable parties, and navigating the complex insurance claims process,” said Justin Lusko, founder of Lusko Law.
About Lusko Law
Lusko Law is a personal injury firm based in Pensacola, Florida, founded by Justin Lusko, a former Assistant State Attorney for the 1st Judicial Circuit who tried more than fifty-five jury trials to verdict before entering civil practice. The firm's trucking accident lawyers represent individuals and families in trucking accidents, medical malpractice, wrongful death, and personal injury matters.
Those seeking Pensacola truck accident lawyers or a truck accident lawyer in Pensacola, FL, for a trucking injury or underride matter are encouraged to contact the firm for a free case consultation.
Media Contact
Justin Lusko
Founder,
Lusko Law
21 South Tarragona St. Ste. 103 L
Pensacola, FL 33556
Phone: (850) 308-4011
Email: info@luskolaw.com
Website: https://luskolaw.com/
