Tractor trailers are designed differently to regular haulage trucks. They are significantly larger and much heavier than most other vehicles that share the road with them. Due to their articulated nature, they require more skill, precision, and knowledge to drive safely.
All of this naturally leads to a propensity to be involved in the more catastrophic of trucking accidents. There are other additional risk factors, such as the unfortunate fact that many truck drivers are committed to long hours and tight schedules. These put a strain on the truck drivers and lead to an increased tendency to cause errors due to stress or fatigue.
If you have been involved in a Fort Myers truck accident, or know a loved one who has, you may be entitled to compensation for your injuries. Here at The Law Place, our personal injury lawyers have a wealth of experience dealing with trucking accidents. We also offer free consultations over the telephone 24 hours a day, seven days a week. Find out how to access the full amount of compensation that you deserve today. Contact us on (941) 444-4444.
How Is a Truck Accident Case Handled in Fort Myers, FL?
Here at The Law Place, we are happy to provide full transparency in terms of the process of your truck accident case.
Following your free telephone consultation, a case evaluation will be arranged, and the details of your case will be thoroughly established. This will determine which experts will be required to reinforce your claim to the highest strength.
There are different types of experts who can lend a hand in your truck accident case. Your lawyer could employ the assistance of private investigators to gather information following your truck accident. There is also the possibility you may require an accident reconstruction team.
Once the team gathered by your personal injury lawyer assembles the correct level of evidence, the accident attorney can begin to get an understanding of who was at fault for the injuries you have received. Proving liability can be a complicated task, as one or more of many factors may lie at fault. These include parties such as the truck driver, their employer, as well as government agencies responsible for road upkeep.
How Is Liability Proven in a Fort Myers Truck Accident?
Your personal injury lawyer and their team will scrutinize many minute details in order to ascertain who is liable for your accident.
Truck drivers involved in accident investigations are subject to a high level of investigation. Their actions at the time of the accident, as well as their history of previous truck or car accidents, will be examined. The driver’s history may also be damning for their employer, as there are many cases where the employer should never have employed that particular truck driver in the first place.
The trucking company may also be liable for improper or inadequate levels of training. There is also the chance that there may have been negligence on the part of the employer for other reasons, such as improper supervision or cargo loading.
Another detail that is present in truck accidents but not regular car accidents is the inclusion of the truck’s black box. This device is found in most modern commercial vehicles over a certain size. Your accident attorney will endeavor to obtain this device as it records the time of the accident, the speed and braking patterns of the truck, as well as details such as the presence of warning lights and the force of the impact, which caused your injuries.
This evidence is invaluable when it comes to determining whether or not the driver violated their duty of care. Truck accidents are also often caused by vehicle malfunctions, which are out of the realm of the truck driver’s responsibility.
What Are Some Examples of Driver Negligence in Fort Myers Truck Accidents?
There are many examples of truck driver negligence in Fort Myers and beyond. The following is a list of common examples of negligence which can lead an accident:
- The driver could be distracted by a mobile phone or otherwise.
- The driver could be driving recklessly, such as speeding, tailgating, or violating other road traffic laws.
- The driver may be fatigued, causing them to fall asleep or nod in and out of consciousness behind the wheel.
- The driver may be intoxicated by drugs and/or alcohol, which could lower their reaction times and increase the chances of an accident.
- The driver may have been negligent in their care of the truck, leading to improperly secured loads or other preventable technical malfunctions.
- The driver may have failed to follow the federal and state regulations on their journey. These regulations are in place to ensure that injuries are not caused by a driver exceeding their maximum amount of consecutive driving hours or exceeding the weight limit of their vehicle.
If you believe any of these factors led to a truck accident that you were involved in, you could be entitled to compensation. Our personal injury lawyers will ensure that you gain the highest possible level of compensation for your specific case.
What Is the Correct Protocol for a Victim Following a Truck Accident in Fort Myers?
There are a number of specific steps a victim of a truck-related accident should take in Fort Myers. These are as follows:
- Check – Immediately after the accident, the first thing to be checked should be the extent of your injuries. You should then assess your surroundings and move to a safe place to avoid incurring further injuries.
- Call for assistance – If your injuries are severe, you should call for an ambulance immediately to tend to your injuries and prevent future complications.
- Report – State law in Fort Myers means that you must report any accident on the road, which causes a substantial amount of property damage or significant injuries within ten days.
- Avoid making statements – It could be possible that you are suspected of being the one at fault in your accident. For this reason, you should avoid making any written or oral statements to police officers at the scene before speaking to your lawyer. These details may be used later to damage your likelihood of achieving maximum compensation.
- Gather information – It will be incredibly helpful for your accident attorneys and your claim if you collect as much information as possible from the scene. This includes the names, phone numbers, and vehicle information of everyone involved in the accident. Information should also be sought from witnesses, specifically their names and phone numbers. This information can be used by your accident attorneys to verify the details of your accident and injuries.
- Take photographs – These days, almost everybody carries a mobile phone capable of taking photographs. If possible, you should take photos of your crash scene. This includes vehicles involved in the accent and other relevant details, such as damaged signage or skid marks. It is also important to take photographs of your injuries in order to later prove their extent.
- Don’t leave the scene – If it is possible that you are at fault, it could be tempting to attempt to flee the scene. However, this could complicate your case by turning it into a hit and run claim, which is a felony.
How Much Time Following an Accident Do I Have to File a Lawsuit in Fort Myers?
In Fort Myers, Florida, all lawsuits are bound by Florida’s Statute of limitations. These laws define how long after the date of an accident, you can make a legal case.
The statute of limitations for these kinds of accidents is four years. This counts from exactly the date on which the accident which caused your injuries occurred.
With this being said, the sooner you begin making your case, the better. This is because your personal injury lawyer will be able to most effectively gather the information necessary for a strong case soon after the accident has occurred. As more time passes, there is a greater chance of evidence or witnesses becoming lost. Additionally, other parties involved will likely have their own lawyers gathering evidence at the same time. It can be helpful to have as much of a head start on these other parties as possible.
How Much Money Will a Personal Injury Lawyer From The Law Place Cost Me?
The personal injury lawyers at our firm work on a contingency basis. All charges incurred along the process of your compensation will only be taken from the settlement once your case has been won. This also means that if your case somehow is unsuccessful, it will cost you nothing at all.
All of our contingency work is monitored by the State Bar Associations.
Contact The Law Place Today
If you or a loved one has been involved in an accident in Fort Myers in the last four years, a personal injury lawyer from The Law Place can help you to achieve the compensation you deserve.
We understand that you have a lot of choices when it comes to which law firm to choose. This is why The Law Place offers free consultations with no obligation. All of our services are no-win-no-fee, so you won’t pay a single cent upfront, and all of the accumulated fees will come out of your final settlement. This also means that if for some reason, your case is unsuccessful, the whole process will cost you nothing, so there really is no risk in seeking the justice you deserve.
Here at The Law Place, our professional team of lawyers has over 75 years of combined experience. Unlike most other firms, we work all of our cases as a team. This means that you will benefit from the experience, knowledge, and wisdom of every member of our organization. We are committed to overachieving in every possible case, and our staff has the confidence and compassion to ensure you and your family are treated to exceptional service 100% of the time.
If you have been involved in a truck accident in the last four years, each day that passes makes it harder for you to achieve your maximum level of compensation. Call the law place today for a free consultation. Our phone lines are open 24 hours a day, seven days a week, to work around your busy schedule. Don’t hesitate, call us today on (941) 444-4444.