In some cases, it is legal to drive with your tailgate down in Florida. However, restrictions could apply based on what you are hauling, how it is secured in the truck bed, and how far it overhangs the open gate.
Regardless, driving with an open tailgate, especially with extended cargo, is dangerous. It can obstruct other drivers’ views and pose a risk of falling objects. If you were hurt in an accident caused by an open tailgate, a Florida car accident lawyer can help you seek compensation. Most law firms will offer a free consultation to learn more about your legal options.
Understanding Florida Tailgate Down Law
Florida law prohibits specific actions that could pose a risk to occupants of a pickup truck, occupants of other involved vehicles, and pedestrians, motorcyclists, bicyclists, and others on the road.
You can drive with an open tailgate in certain situations, but the action is prohibited in others. The type of cargo you are carrying and how it is secured matter.
A Lowered Tailgate Cannot Hide Your License Plate
Florida Statutes § 320.061 prohibits any action that could obscure your license plate. Under certain circumstances, this could apply to an open tailgate.
Down Tailgates with Extended Cargo Must Have a Warning Flag
According to Florida Statutes § 316.228, any cargo extending more than four feet from a truck bed must have a warning flag on the furthest extended part(s). If you are driving after dark or in inclement weather, it must have red lights or reflectors in certain places. Your turn signal lights and brake lights must also remain visible, per Florida Statutes § 316.217.
The Load in the Truck Must Be Properly Secured
Per Florida Statutes § 316.525, all cargo in a truck bed must be secured to prevent it from falling into the road or flying out of the truck bed and hitting another vehicle.
Truck tailgate nets can also increase safety. Nets of the proper size and density can secure cargo and avoid potential hazards. If you are hauling small items that cannot be easily or individually secured, consider a tailgate net.
A tailgate net can secure cargo, like stones, pebbles, groceries, toys, and other small items. Choose a net for tailgate that fits your specific needs. It should have appropriately sized holes and the capability to be secured to the truck’s body.
How Driving With Tailgate Down Florida Can Cause an Accident
Having your tailgate open while driving a pickup may be legal sometimes, but it can also be dangerous. Some of the conditions where doing so might lead to an accident can include:
- Improperly secured cargo: Loose or shifting cargo can fall from the truck bed, obscure the road, or change the driving surface and road conditions.
- Increased stopping times: Heavy cargo loads can create sudden stops and lead to insufficient stopping times.
- Decreased visibility for other drivers: Other drivers on the road do not expect large items to hang out the back of a truck. If the cargo is not properly marked with warning flags or lights, another driver could run into the cargo in the back of the truck, causing it to impale their windshield or otherwise cause an accident.
- Damage to the tailgate: In an accident, an open tailgate can be fully or partially torn from the truck and fly into other nearby vehicles.
Unless you are hauling cargo that won’t allow the tailgate to close, you should keep your tailgate closed while driving to avoid these and other dangerous circumstances
What to Do if an Open Truck Tailgate Caused an Accident
If you or a loved one was injured in an accident caused by an open tailgate, you could be entitled to financial compensation. However, you must prove that the at-fault party caused or contributed to the accident by driving with their tailgate down.
A Florida personal injury lawyer can help you file a personal injury insurance claim or lawsuit that meets all the required legal parameters. They can also ensure you file it within the allotted time.
Collect Evidence That Supports Your Claim
Your injury claim requires evidence that the truck driver violated a tailgate down law Florida. Such evidence can include photos and videos that depict points of impact and the condition of each vehicle. It can also include witness statements from varying points of view, the official police report, and your medical records and bills.
File Your Insurance Claim or Lawsuit
Your personal injury attorney will contact the at-fault driver’s insurance company to file your complaint. Most claims will be resolved with an insurance settlement. However, you can file a lawsuit to protect your right to recover damages.
In Florida, you have a limited time to file your car accident lawsuit. According to Florida Statutes § 95.11, you generally have two years to file a personal injury or wrongful death lawsuit. If you miss the filing deadline, the court could bar you from filing your lawsuit, and the insurer could refuse to negotiate a settlement.
You Could Recover These Damages for a Negligence-Based Accident
After a motor vehicle accident, you can seek compensation for various types of compensable damages, which can include:
Economic Damages
Readily documented damages include past, present, and future medical bills and lost wages. They also include lost earning ability and property damage, destruction, and diminished property value.
Non-Economic Damages
Non-financial damages compensate you for the toll an accident takes on your life, including lasting impairments and disfigurement, physical pain and suffering, and mental and emotional distress. It can also include compensation for your loss of enjoyment of life.
Wrongful Death Damages for Surviving Families
While nothing can atone for losing a close family member, you can recover damages for the costs of your loved one’s funeral, burial, or cremation. Compensation can also include your loss of financial contributions, household support, and loss of consortium, companionship, and guidance. A Florida wrongful death lawyer can help with your claim or lawsuit.
Learn More About Accidents Caused By Driving With an Open Tailgate in Florida
If you were injured in an accident caused by an open tailgate on a pickup truck, you could be entitled to financial compensation. Our Florida car accident attorneys can help you understand your rights and the truck driver’s responsibilities.
Call (954) 633-8270 to reach a team member at the Law Offices of Wolf & Pravato for a free initial consultation.
