Hit by a Sugarcane Truck Near Belle Glade? What to Do During Harvest Season

Before you talk to any insurance company

Do not call your own insurer before speaking with an attorney. Your policy has a duty to cooperate, but that duty does not require you to do it immediately. Never give a recorded statement to any insurer first, the hauler's or your own. If an adjuster calls, say, "My lawyer will contact you," and end the call.

What I check early:

• Commercial coverage. A working truck often carries a commercial policy, but not always, and limits vary.
• Every vehicle and policy. The tractor, trailer, and hiring company can each have coverage.
• The other drivers. Many Florida drivers carry no bodily injury coverage at all, or only $10,000.
• Your uninsured motorist (UM) coverage. Many of my clients have thin UM or none; "full coverage" usually does not include it. The Florida Bar's automobile insurance consumer pamphlet explains how UM works.

Why harvest season changes the roads around Belle Glade

Florida sugarcane is grown in Palm Beach, Hendry, Glades, and Martin counties, mostly in an arc south and east of Lake Okeechobee. UF/IFAS research on Florida sugarcane harvest schedules says processing the crop takes roughly six to seven months, from October into April or May.

Loaded trucks move cane from fields to mills on the highways local families use:

• U.S. 27 through South Bay and Clewiston, shared with SR 80 between those two cities.
• SR 80 west from West Palm Beach to Belle Glade, then through Belle Glade to South Bay.
• U.S. 441/SR 15 north from Belle Glade along the lake through Pahokee and Canal Point.
• SR 715, about 12 miles from SR 80 near Belle Glade north to U.S. 441 in downtown Pahokee.

Farm trucks and the federal hours-of-service exemption

Farm hauling has its own federal hours rules. Under 49 CFR 395.1(k), the hours-of-service rules in part 395 do not apply, during planting and harvesting periods set by each State, to drivers hauling agricultural commodities from the source to a place within a 150 air-mile radius. FMCSA's state table lists Florida's period as January 1 through December 31, though FMCSA calls that table a guide only.

FMCSA's guidance on agricultural exemptions says time worked inside the radius does not count toward the driver's limits, and a driver hauling only within it does not need an electronic logging device. Past 150 air miles, the hours rules apply.

Whether a load qualifies depends on what was hauled, from where, and to where. I do not assume either way.

What this means for fatigue evidence

A missing logbook does not excuse a tired driver. The exception covers part 395, not part 392. Under 49 CFR 392.3, no one may drive a commercial vehicle while too fatigued or ill to drive safely, and no carrier may require or permit it.

With no electronic log, I look elsewhere: dispatch records, load tickets, GPS and telematics data, fuel and payroll records, and camera timestamps.

Florida's rules for farm hauling: § 316.302

Under Fla. Stat. § 316.302, trucks operating only inside Florida follow the federal motor carrier rules as they existed on December 31, 2023, with exceptions. Several matter in the Glades:

• Weekly hours. Florida's 70-hour and 80-hour weekly limits do not apply to in-state, harvest-period hauling of unprocessed farm products from the harvest place to the first place of processing or storage.
• Field-to-mill hauling. In-state trucks hauling farm products from the field to the first place of processing are exempt from the general adoption, but must still follow federal rules on drug and alcohol testing, safe driving, equipment, and certain inspection and repair duties.
• The name on the door. If that truck weighs 26,001 pounds or more, or its power unit has three or more axles, it must show the owner's or carrier's name and the town where it is based on both sides of the power unit. Photograph it.
• Covered farm vehicles. Some farm vehicles have further exemptions, depending on weight and distance.

These exemptions change which records exist, not the duty to drive safely.

Evidence that disappears after a Glades truck crash

• Fleet cameras that record on a loop.
• Engine and telematics data, which can be overwritten as the truck keeps working.
• Load records: which field, which trip, what weight, what time.
• Driver logs, or the lack of them, and the records showing whether a claimed exemption applied.
• Maintenance and inspection records for brakes, lights, and tires.
• Cargo securement. Under 49 CFR 393.100, loads must be secured so they do not spill or fall onto the road.
• The scene. Mud, cane debris, and tire marks wash away. Rural roads have few business cameras.
• Your dash cam. Lock the file, copy it, and do not edit it.

I send preservation letters early to everyone holding records.

Dark roads, field entrances, mud, and debris

These highways pass long stretches of farmland and field roads. I ask about lighting at the crash site, trucks pulling slowly out of field roads, trailers without working lights, mud or fallen cane on the pavement, and smoke from field burning.

Expect the insurer to argue you should have seen the truck. In Florida, your share of fault decides whether you recover at all.

Who can be responsible for a sugarcane truck crash

Depending on the facts, responsibility can reach:

• The driver, for careless or fatigued driving.
• The motor carrier or hauling company, for its driver's conduct and its own hiring, training, scheduling, and maintenance.
• The owner of the tractor or trailer, if different from the carrier.
• A grower or other business that hired the hauler under contract, depending on who controlled the work.
• A maintenance shop or loader, if a brake failure or bad load contributed.

What to do after a crash with a cane truck

1. Call 911 if anyone is hurt, and get the report number. FLHSMV says crash reports can take up to 10 days to become available.
2. Get medical care right away. Lakeside Medical Center serves the Glades.
3. Photograph the truck and trailer if it is safe: the name and town on the door, unit numbers, any USDOT number, the plate, the load, and the lights.
4. Save your dash cam video and note any nearby cameras.
5. Get witness names and phone numbers.
6. Follow the insurer rule. Do not call your own insurer before speaking with an attorney. Never give a recorded statement to any insurer first.
7. Do not sign anything or post about the crash.
8. Call me while the video, data, and load records still exist.

Florida deadlines, PIP, and modified comparative fault

Get medical care within 14 days. Under Fla. Stat. § 627.736, PIP medical benefits generally require initial services and care within 14 days after the motor vehicle accident.

Two years for most negligence claims. For most negligence claims arising after March 24, 2023, Fla. Stat. § 95.11(5)(a) sets a two-year deadline. Claims against government agencies follow different rules.

Modified comparative fault. Under Fla. Stat. § 768.81(6), if you are found more than 50 percent at fault for your own harm, you recover nothing. At 50 percent or less, your recovery is reduced by your share of fault.

How I handle Glades truck cases

I do not promise results. Facts, coverage, injuries, and proof decide every file. My process:

• Insurance map: PIP, bodily injury, UM, and every commercial policy.
• Preservation letters for video, engine data, load records, and logs.
• Exemption check: whether claimed farm exemptions applied.
• Claim, negotiation, and a lawsuit if needed, filed before the deadline.

Video is why I call myself The Dash Cam Lawyer®. My Community Dash Cam Safety Program gives free dash cams to Palm Beach County drivers, one per household while supplies last. Requesting one does not create an attorney-client relationship.

Choques con camiones de caña en los Glades: información en español

Se habla español. Si un camión de caña u otro camión de carga le causó un accidente cerca de Belle Glade, South Bay, Pahokee o Clewiston:

Antes de hablar con una aseguradora. No llame a su propia aseguradora antes de hablar con un abogado. Su póliza le exige cooperar, pero esa obligación no exige hacerlo de inmediato. Nunca dé una declaración grabada a ninguna aseguradora primero, ni a la de la compañía del camión ni a la suya.

Evidencia. Si puede hacerlo con seguridad, tome fotos del camión y del remolque: el nombre y el pueblo que aparecen en la puerta, los números de unidad, el número USDOT si lo tiene, la placa, la carga y la carretera. Guarde el video de su cámara de tablero sin editarlo. Las cámaras del camión, los datos del motor y los registros de carga pueden borrarse pronto, por eso envío cartas de preservación de evidencia desde el principio.

PIP y 14 días. En Florida, los beneficios médicos de PIP generalmente requieren tratamiento inicial dentro de los 14 días después del accidente.

Plazo de dos años. Para la mayoría de los reclamos por negligencia que surgieron después del 24 de marzo de 2023, la ley de Florida da dos años para presentar la demanda.

Cómo comunicarse conmigo. Llame al 561-561-DASH (3274) para una consulta gratuita. Mi oficina de Belle Glade está en 1100 South Main Street, Belle Glade, FL 33430, con cita previa. No cobro honorarios a menos que logre una recuperación para usted.

Frequently asked questions

Do sugarcane truck drivers have to follow federal hours-of-service rules?

Not always. Under 49 CFR 395.1(k), the federal hours rules do not apply during planting and harvesting periods to drivers hauling agricultural commodities within 150 air miles of the source. Safe-driving rules still apply.

The truck driver kept no logbook. Can I still prove the driver was too tired?

Often, yes. Federal rules still bar driving while too fatigued to drive safely. Dispatch records, load tickets, GPS data, and payroll records can show how long the driver had worked.

Who pays if a cane truck hits me near Belle Glade?

It depends on who employed the driver, who owned the equipment, and who hired the hauler. Truck cases often have commercial coverage, but not always. I also check your UM coverage.

Should I call my own insurance company after a truck crash?

Not before you speak with an attorney. Your policy has a duty to cooperate, but it does not require you to call immediately. Never give a recorded statement to any insurer first, including your own.

How long do I have to file a truck accident claim in Florida?

For most negligence claims arising after March 24, 2023, Fla. Stat. § 95.11(5)(a) sets a two-year deadline. Claims against government agencies follow different rules.

What if the insurer says I should have seen the truck pulling out?

Florida uses modified comparative fault under Fla. Stat. § 768.81(6). If you are found more than 50 percent at fault for your own harm, you recover nothing. At 50 percent or less, your recovery is reduced by your share of fault.

Can I get help in Spanish, and how do fees work?

Yes. Se habla español. Call 561-561-DASH (3274) for a free consultation. I work on a contingency fee: no fee unless I recover for you.

Talk with me about a truck crash in the Glades

If a cane truck or other heavy truck hurt you or your family around the lake, call 561-561-DASH (3274) for a free consultation. No fee unless I recover for you.

The Dash Cam Lawyer®
Shannon J. Sagan, Fla. Bar #10793, owner and attorney
Belle Glade office: 1100 South Main Street, Belle Glade, FL 33430 (by appointment)
Palm Springs office: 3003 S. Congress Ave, Suite 2E, Palm Springs, FL 33461
Phone: 561-561-DASH (3274)

This page is general information, not legal advice. Reading it does not create an attorney-client relationship.