Driving With Tailgate Down in Florida and Negligence Claims
In Florida, it is not outright illegal to drive with your tailgate down, but you can still be stopped or cited if it creates a safety hazard. Law enforcement may issue a ticket if the lowered tailgate obstructs your rear lights, causes cargo to be unsecured, or poses a risk to other drivers. In other words, the act itself isn’t prohibited, but the danger it may create can lead to negligence claims if an accident occurs.
If you transport items that extend beyond the truck bed, Florida law requires proper securing and, in some cases, a red flag or light to mark the load. Failing to follow these guidelines can result in fines and potential liability in a negligence claim if someone is injured. When in doubt, it’s safer to secure your cargo fully and drive with the tailgate up to avoid legal issues.
Understanding Florida Tailgate Down Law
Florida law prohibits actions that could put occupants of your truck, other drivers, pedestrians, and cyclists at risk. You can drive with an open tailgate in some situations, but it’s prohibited in others. The type of cargo and how it’s secured matters.
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A Lowered Tailgate Cannot Hide Your License Plate: Florida Statutes § 320.061 prohibits obscuring your license plate, which could include an open tailgate.
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Down Tailgates with Extended Cargo Must Have a Warning Flag: Florida Statutes § 316.228 requires any cargo extending more than four feet to have a warning flag, and in low visibility, red lights or reflectors are required.
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Cargo Must Be Properly Secured: Florida Statutes § 316.525 mandates all cargo be secured to prevent it from falling onto the road. Tailgate nets can further reduce risks.
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
Driving with a tailgate down may be legal sometimes, but it can cause accidents and form the basis for suing for negligence. Common dangers include:
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Improperly Secured Cargo: Loose items can fall and hit another vehicle.
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Increased Stopping Times: Heavy cargo shifting can interfere with braking.
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Decreased Visibility: Other drivers may not see protruding cargo, increasing crash risk.
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Tailgate Damage: In a collision, an open tailgate could tear off and injure others.
In these situations, the truck driver could be held liable, forming the basis of a negligence claim.
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 Fort Lauderdale 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.
Filing an Insurance Claim or Lawsuit
Your attorney will help you file with the driver’s insurance company. Most cases settle, but you can also take legal action to protect your rights. Florida law requires timely filing:
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Personal injury: typically within two years
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Wrongful death: within two years
Missing deadlines can prevent you from winning a negligence case.
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.
Damages Recoverable in a Negligence Case
After a motor vehicle accident, you can seek compensation for various types of compensable damages, which can include:
- Economic Damages:
Medical bills, lost wages, future earnings, and property damage. - Non-Economic Damages:
Physical pain, emotional distress, permanent impairments, and loss of enjoyment of life. - Wrongful Death Damages:
Funeral costs, lost financial support, loss of companionship, and guidance.
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.
Protect Yourself When Driving With a Tailgate Down
If you must drive with an open tailgate, ensure cargo is secured and visible, follow state regulations, and drive carefully. Failure to do so can result in accidents that lead to negligence claims.
Learn More About the Risks of Driving With the Tailgate Down 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 Fort Lauderdale 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.