Truck accident cases in Fort Myers are often more complex than car accident cases for a few key reasons. First, commercial trucks are subject to strict federal and state regulations that don’t apply to smaller passenger vehicles. These rules govern how long a truck driver can be on the road before taking a break, how often the truck must be inspected, and the qualifications a driver must meet to operate a big rig.
Second, if you were hurt in a truck accident in Fort Myers, you may be dealing with more than just a negligent driver and their insurance company. Trucking companies often have powerful legal and insurance representatives who may try to discredit or undervalue your claim. A Fort Myers truck accident lawyer can clarify the potential legal issues in these cases and represent you in negotiations to even the playing field.
Can The Trucking Company Be Held Responsible For My Accident In Fort Myers?
In many cases, a trucking company is responsible for an accident. Even if the company didn’t directly cause the crash, it could still be vicariously liable for its driver’s negligent actions if the driver was working at the time of the accident.
In some situations, the company may have also been directly negligent, such as if it:
- Hired an unqualified driver who lacked proper training or a valid commercial driver’s license
- Failed to maintain its trucks properly, leading to mechanical failures such as a brake malfunction or tire blowout
- Pressured drivers to break safety rules, such as exceeding hours of service limits or speeding to meet unrealistic delivery deadlines
- Neglected to conduct background checks or routine drug and alcohol screenings on drivers
- Ignored mandatory vehicle inspections, leading to safety hazards on the road
The company involved in your truck accident claim may have significant resources to fight your claim, and their insurance provider may take steps to limit their financial liability. This can make these cases more challenging than traditional car accident claims. They often take longer to resolve and may require gathering more extensive evidence.
A Fort Myers personal injury lawyer can investigate the details of your case, gather critical evidence, and determine whether the trucking company may hold full or partial responsibility for the accident.
How Is Fault Determined In A Truck Accident In Fort Myers?
Determining fault in a commercial vehicle accident often involves gathering extensive evidence from multiple sources, such as:
- Police reports – Law enforcement officers document the scene and may issue citations if a truck driver violated traffic laws.
- Black box data – Many commercial trucks have event data recorders (EDRs) that capture speed, braking, and other critical information leading up to a crash.
- Driver logs – Federal law requires truck drivers to keep records of their hours on the road. These logs can show whether a driver exceeded the legal driving limits and was fatigued at the time of the accident.
- Truck maintenance records – These documents can reveal whether the trucking company properly maintained the vehicle or ignored necessary repairs.
- Eyewitness statements – People who saw the crash may provide valuable testimony about what occurred.
- Accident reconstruction experts – In complex cases, specialists may analyze the crash scene and vehicle damage to determine how the accident happened.
Fault may be shared between the truck driver, the trucking company, and even third parties, such as maintenance providers or cargo loaders, depending on the circumstances of the crash. Our truck accident attorneys in Fort Myers can help determine who may be responsible for your damages.
What If I Was Partially At Fault For A Commercial Truck Accident In Fort Meyers?
Even if you were partially at fault, you may still be able to recover compensation. Florida follows a modified comparative negligence rule under Florida Statutes § 768.81, which means you can seek damages as long as you were not more than 50% responsible for the accident.
However, your compensation may be reduced based on your percentage of fault. For example, if you were 20% responsible, your settlement or court award could be reduced by that amount.
What Trucking Regulations Could Affect My Personal Injury Claim?
Commercial trucking companies and drivers must follow strict regulations set by the Federal Motor Carrier Safety Administration (FMCSA). These rules govern things like:
- Hours of service regulations – These rules limit how long a truck driver can be behind the wheel before they must take a rest break. Not following these regulations can lead to driver fatigue, increasing the risk of an accident.
- Vehicle maintenance and inspection requirements – Trucking companies must regularly inspect, repair, and maintain their vehicles to ensure they are safe for the road. If a truck has worn-out brakes, underinflated tires, or other mechanical issues due to poor maintenance, it could contribute to an accident.
- Driver qualifications – Truck drivers must hold a valid commercial driver’s license (CDL) and meet specific physical and training requirements. If a trucking company hires an unqualified driver or fails to provide adequate training, it could be held responsible for any accidents that occur as a result.
If a driver or trucking company violated any of these rules, it could bolster your case.
How Much Does It Cost To Hire A Trucking Accident Lawyer In Fort Myers?
The Law Offices of Anidjar & Levine does not charge upfront fees for truck accident cases. We work on a contingency-fee basis, which means you don’t pay anything unless we recover compensation for you.
Additionally, we offer free consultations, so you can discuss your legal options at no cost.
How Can The Law Offices Of Anidjar & Levine Help After A Truck Accident?
A truck accident can leave you facing medical bills, lost wages, and an uncertain future. The Law Offices of Anidjar & Levine can help by handling the legal side of things while you focus on your recovery. Our team works to build strong cases by gathering evidence, negotiating with insurance companies, and advocating for our clients in court when necessary.
Whether negotiating a settlement or taking your case to trial, we represent victims and their families in their pursuit of fair compensation. If you were injured in a truck accident, you don’t have to figure everything out alone. Our Fort Myers truck accident lawyers can handle the legal process for you. Call the Law Offices of Anidjar & Levine today for a free case evaluation to discuss your options.
We Can Help.
