Failing to give right of way on Fort Myers’ busy roads can cause some very serious personal injuries and accidents. When drivers decide to ignore the rules of the road and act negligently, this almost always results in a car accident. But when these accidents involve a truck, the consequences of failing to yield are so much worse. Trucks have the potential to cause a higher level of damage due to the size and weight of the vehicle, which can cause accidents that can cause lifelong injuries that will alter a person’s life forever, or even result in wrongful death. This is why it is so important for truck drivers to drive responsibly and not drive when fatigued or under the influence, as this affects their decision-making and reflexes.
However, failure to yield accidents are not always the fault of the truck driver. If a car does not give way to a truck, they will be putting themselves, and the truck driver in serious danger, and, unfortunately, the passengers in the car are more likely to bear the brunt of the impact.
If you or a loved one has been involved in a failure to yield accident involving a truck in Fort Myers or anywhere in Lee County that has caused you a personal injury in the Fort Myers area, you will want to get in touch with a reputable law firm who can help you through this difficult time and help you gain the compensation you deserve.
Here at The Law Place, we have a skilled team of personal injury lawyers who are knowledgeable in the law surrounding car accidents involving trucks, who would be happy to discuss your case with you. We have dealt with cases like yours on both sides of the courtroom and are available 24/7 to discuss your claim. Contact us for a free case review on (941) 444-4444 and we can talk through how best we can help you seek compensation for the injuries and damages you have received.
Who Has Right of Way in Fort Myers, FL?
Florida law is very clear when it comes to who has the right of way:
- At a stop sign, you have to yield and give all right of way to other drivers, pedestrians, and cyclists.
- When you come to an open intersection, you have to give right of way to any other vehicles already on the intersection.
- On any roundabout, you have to give right of way to all oncoming traffic.
- A driver must yield to emergency services at all times.
You must adhere to these laws at all times. If you do not, your actions could cause a collision, and you will most likely be held liable for the car accident that ensues.
If you have been in a car accident in Fort Myers where someone failed to yield, you will need a law firm on your side. Call us today for a free consultation and speak to a truck accident lawyer who can help you decide the best way forward.
What You Need to Do After a Failure to Yield Accident Takes Place in Fort Myers
- Call 911 – In Florida, you must legally contact the police immediately if there has been a car accident involving: Injury, death, or property damages totaling above $500. The official report obtained by a law enforcement officer will be crucial solid evidence that will stand up in court against the parties responsible. For accidents that do not legally require police involvement, a driver should file a “crash report” within ten working days. These reports can be filed online through the Florida Highway Saftey and Motor Vehicles (FHSMV) website.
- Gather evidence of the accident – You must do this independently for your own records. Of course, you will have the evidence gathered by the police, but it’s important to make your own notes or even record a video or take a photo of the scene of the accident. Then if any issues arise with your claim, this evidence can be used for further support in proving liability in your case.
- Take photos of the scene of the accident – Do this as soon as it is safe to do so before the vehicles are removed from the location of the accident. It’s extremely important to obtain photographic evidence of not only your vehicle but the other driver’s vehicle, if possible. Any clear photograph taken on a cell phone is sufficient.
- Seek out medical treatment – Within the state of Florida, all drivers must have Personal Injury Protection (PIP) automobile insurance. In accordance with Florida Statute 627.736, having PIP laws means that drivers’ insurance must cover their own injuries and any lost wages regardless of blame or who was at fault. An injured driver must seek medical attention within 14 days of the accident to receive benefits of a PIP policy. This highlights an urgency to seek treatment even if you believe yourself to not be injured, as some injuries may not become apparent until later. If damages exceed the limits of your PIP policy, then you could claim from the third parties’ insurance company.
- Notify your car insurance company – Do this as soon as you can. Your insurance company should then provide you with all the required forms for you to submit a claim. Make sure everything is filled out correctly and provide as much detail as possible
The Law Place advises that you contact a law firm first before discussing your accident with an insurance company. Be mindful that insurance companies are always trying to save money, and anything you say could be used against you, devaluing your claim. If you’re in a car accident and are not sure what steps to take, simply call us any time of the day or night for some no-obligation advice.
We’re here to serve you. Our phones are open 24 hours a day. How Do We Prove Liability in a Failure to Yield Truck Accident in Fort Myers?
To prove you have suffered injuries due to someone else’s negligence during a failure to yield accident, your Fort Myers personal accident lawyer will do everything they possibly can to place fault on the correct party.
To win a claim for a settlement or payout after an accident in Fort Myers that isn’t your fault you have to be able to prove that:
- The other party owed you a duty of care – For example, they were meant to give you right of way.
- The other party did not uphold their duty of care – For example, the driver did not follow Florida laws and didn’t yield.
- The other party’s actions caused you personal injury – As a result of the above, you ended up with injury and damages.
Often in failure to yield cases, the other driver will fight you over who is at fault. They may say that you were breaking the speed limit or that the stop sign was obscured. This is where a personal injury truck lawyer on your side can come in handy, and they can help protect you from false accusations.
We’re Florida’s top litigation team with over 75 years of combined experience Who Can You Hold Liable for Your Truck Accident?
Once you know what the cause of your accident is and have worked out the losses that you want to claim for, you will need to identify who is at fault in order to seek financial recovery.
Accidents involving commercial drivers are slightly different from normal car accidents, so we advise you to speak to a skilled truck accident attorney in order to get the best advice.
There are several different parties who can be held liable after a truck accident:
- Drivers – Most truck accidents are caused by the human error of the commercial driver. In these cases, they are the liable party.
- Company – In some cases, the trucking company can be held responsible, especially if the accident was due to a lack of training or supervision.
- Manufacturer – If the truck accident has happened because parts of the truck failed or were defective, the manufacturer of the truck may be liable.
From the initial call to updates on your case status, we are here to get you answers. Common Reasons Why Truck Collisions Happen in Fort Myers
Just like with regular car crashes, there are a huge number of reasons why a truck might fail to yield and cause an accident. Sometimes these reasons are human error, and sometimes they are mechanical. A bad brake pad replacement done by an incompetent mechanic could be a reason, as could a driver being fatigued and lacking concentration.
Here are some common reasons why truck accidents happen in Tampa:
- Drivers being under the influence of alcohol or drugs.
- Drivers being distracted and using mobile phones, texting, changing the radio, etc.
- Speeding or tailgating.
- Road rage or aggressive driving.
- Driving while fatigued, past their hours of service restrictions.
How Do We Gather Evidence to Prove the Other Party Failed to Yield?
When you agree to representation by a Fort Myers personal injury truck accident lawyer, they will begin to investigate and collect evidence to build your case up on your behalf. They know the best way to place fault on the other driver and know how to disprove any fault accusations. Your experienced Fort Myers, FL attorney will:
- Go to the accident scene and look for any visible evidence like skid marks, which may point the what happened.
- Get both vehicles examined by professionals who will be able to evaluate how the accident played out.
- Locate any witnesses who were at the scene and get witness statements as well as speaking to the police and first responders who were on the scene.
- They may bring in expert reconstructions who will be able to figure out who is at fault.
- Find the CCTV footage for any local cameras that might show what happened during the accident and prove your claim.
What Damages Can You Claim for After a Failure to Yield Truck Accident?
There are a huge number of different types of damages that you may be able to claim after an accident that isn’t your fault. Here are some of the damages you could claim for:
- Medical bills – Any costs for injuries you have received as a result of the accident will be claimable as long as you keep all records of the bills and follow the full treatment plan a health professional has told you too.
- Loss of earnings- This compensation includes a payment to cover the money you have lost if you cannot go to work. If you damage your leg, for example, and cannot drive to work, they will have to cover your lost wages.
- Pain and suffering. Pain and suffering is an overall term that is used to describe the physical and emotional trauma an injured person experiences during the accident and recovery.
- Punitive damages – A rare form of damages that are awarded for two reasons—either gross negligence or injury with intent.
- Wrongful death – If someone dies as a result of the accident, their family will be able to seek compensation for loss of consortium.
What Can Tampa Florida Injury Lawyers Do for You?
Nearly 90% of cases involving injury lawyers result in a payout and that payout averages at 60% higher than those who do not use a lawyer, although this varies case by case. If you have a case, we will work tirelessly to ensure you get the compensation you deserve.
At The Law Place, our attorney’s will also do all the hard work for you. We will always try our absolute hardest to provide you with a stress-free and simple claims process. From the second you get your free consultation to the moment you get your payout, we want you to be healthy and in a good place mentally.
To begin with, you will speak to one of our car accident lawyers who will be able to evaluate your case and give you some free no-strings-attached advice regarding your case. We will ask some simple questions and make sure that you are doing okay.
If you decide that you want representation, we will then call you in for a more detailed meeting. During this meeting, we will explain how our fees work and make sure you understand what you will have to pay and when. Then we will get you to sign the paperwork, and then we will have an in-depth interview about your accident.
From this point on, we are going to be looking out for you. We will do your investigation by speaking to all your witnesses, police officers, and first responders who were on the scene. We will also tell you to stop liaising with any insurance companies and to refer them to us if they try to call. This will protect you from any underhanded tricks that the insurance companies will try and use to devalue your claim.
After doing our investigation, we will have a strong case built for you. This gives us negotiating power, and we will use that to ask for a reasonable and agreeable settlement value from the other party. If they listen to our case and accept, you will get your money and then pay us our fee.
If they refuse the claim or return with an offer that is unacceptable, we will then take the case we have built for you and use it in court to prove to a judge that you deserve that compensation. Most cases settle before this point, and with a reputable attorney behind you, most insurance companies will try to avoid a real court battle.
What Will Hiring a Fort Myers Law Firm Cost Me?
Here, at The Law Place, we strive to reduce the stress caused in the aftermath of a failure to yield dispute. We want you to have all the time you need to deal with your injuries while we deal with the legal battle on your behalf. That is why our lawyers work on a contingency basis. This means the fees will be taken from your settlement, and if your case is unsuccessful, you will not be charged anything.
All cases taken on a contingency basis are monitored by the State Bar Associations. They set the guidelines of how our attorneys can charge, and we follow these guidelines very strictly. This will all be explained during your free consultation so you can put your mind at ease.
Contact The Law Place
If you have been in a failure to yield collision in Fort Myers or anywhere in Lee County that was not your fault, our team of truck injury lawyers at The Law Place law firm can help you. The attorney-client relationship is extremely important to us; we want you to feel supported and comfortable every step of the way.
Contact us today and book in a free consultation by calling (888)-224-6114 and get all the information you need to proceed with your claim.
