Truck Accident in Fort Myers
Under current state law, truck accident victims are entitled to recover and be compensated for their medical expenses. In this case, this type of damage would be considered economic damage. However, keep in mind that there is also a type of damage such as pain and suffering. This is an additional amount of compensation that is calculated separately. How much you end up getting will be up to the jury to decide. But having a valid claim will help you win a lawsuit. Our best truck accident attorneys in Fort Myers provide invaluable assistance in drafting your claim and protecting the interests of truck accident victims.
Standing Up for Truck Wreck Victims in Florida
When a commercial truck accident occurs in Fort Myers, the victim is entitled to receive several types of compensation, including economic and noneconomic damages.
Economic losses are payments like medical expenses or lost wages. Noneconomic compensations for victims of a semitruck accident involve payments for pain and suffering that cannot be quantified. The degree and severity of the truck accident injury, rehabilitation, treatment, and many other factors influence the amount paid. Noneconomic damages may not always be calculated based on available insurance. In order to properly calculate the amount, you will need the help of an attorney. Based on the expertise and conclusions of doctors and experts, a truck accident injury claim can include amounts from several thousand to several million dollars.
During a lawsuit, the victim of a Fort Myers truck accident is protected by the state and has a Fort Myers truck accident attorney to represent them. The jury looks at the hard evidence of the consequences of the truck accident, and your personal injury attorney in Fort Myers provides expert opinions and other evidence at the lawsuit that can help get the victim the punitive damages he or she is owed.
Fort Myers Truck Law
Fort Myers is the most popular vacation destination for tourists and retirees in Lee County. Excellent beaches and comfortable conditions are provided for any vacationer. The highways C I-75, SR 82, and US 41 pass through the city and are used by Fort Myers trucks. Serious truck accident injuries can occur due to violations of Florida rules and laws by road users. Vehicles weighing more than 80,000 pounds travel on these roads. By comparison, a fully loaded truck weighs about 40 tons and a passenger car weighs 4,000 pounds. Therefore, a collision with a truck twenty times heavier could well result in severe injury to those driving the passenger car.
The settlement of the incident is governed by Florida Statutes and the City of Fort Myers’s traffic safety regulations. Highlights of Florida’s road safety laws for truck drivers include:
- A commercial truck is defined as a vehicle that weighs more than 26,001 pounds and has three or more axles.
- Driver’s age is 21 years old for interstate travel. For domestic travel, drivers are allowed from 18 years old.
- Drivers must be fluent in English to communicate with officials.
- Driver’s licenses must meet the CDL standard.
- The driver must have a vision of at least 20/40 points in each eye and the operator of the vehicle must not be colorblind.
- The operator of a commercial truck must have a time log where appropriate entries are made, with total and individual hours regulated.
- A drunk truck driver is defined as someone who has a blood alcohol BAC of 0.04 (instead of the standard BAC of 0.08 for other road users).
If you or a loved one has been the victim of an incident, contact our experienced Fort Myers truck accident lawyer for assistance in preparing evidence and drafting a crash injury claim for compensation and economic and noneconomic damages.
Semi-Truck Accidents Are Highly Destructive
Serious truck accidents involving Fort Myers trucks are highly destructive. The fact is that trucks have impressive dimensions, and other parties involved in accidents are the least protected at the time of the accident. Tractors carry construction equipment and heavy loads. While driving on the highway at high speeds and not following the rules, the driver is negligent, which inevitably leads to a car accident.
The driver may not have a full view from the car, which reduces his or her ability to see the situation on the road in detail. The lack of a clear view for the driver can provoke a collision with another vehicle. Such situations also occur when a reverse maneuver is made. When a collision occurs, the other party to the incident is injured. A professional lawyer has to gather evidence of the fault of the tractor driver so that the victim can receive fair compensation. By participating in the lawsuit, the lawyer will help protect the victim’s interests and prove to the jury that the victim is entitled to compensation.
Commercial Trucking Accidents
In most cases, a Fort Myers truck is used as a commercial vehicle. This means that in addition to the driver, the employer or owner of the truck is also responsible. In this case, the commercial company’s liability has to be considered when dealing with the incident. Under state law, owners of large trucks must have additional insurance options in addition to standard insurance. When filing a claim, truck accident lawyers will help draft a claim not only against the driver but also against the commercial trucking company.
In this case, the negligence of not only the driver of the hauler but also the commercial company is determined. The more severe the injury to the victim of the incident, the higher the compensation and damages will be. It is not just the tractor driver who is responsible and pays the damages but also the owners of the transportation company. The commercial company’s liability must be substantiated in the claim, where Fort Myers truck accident attorneys will prepare a claim against the insurers and directly against the company owner.
Injuries From Truck Accidents
The victim of a truck accident involving heavy trucks suffers severe personal injuries. When drafting a claim, the data from the treating physician, who provides an objective assessment of the victim’s medical condition, is taken into account.
This data helps to formulate a claim that substantiates the amount of compensation. More often than not, the injuries sustained do not go away for the victim of the incident. The most common injuries are the following:
- Traumatic brain injury
- Damage to the spinal cord
- Injury to the back, wrist, and neck
- Loss of a limb of an arm or leg
- Disfigurement of the face
- Burns to the body
- Fracture of limbs
- Partial paralysis
- Complete paralysis
- Severe injury and death of a person
For each case, it is necessary to provide expertise and proof of the truck driver’s guilt. The involvement of truck accident lawyers will help gather all the necessary evidence and provide the jury with objective calculations to obtain compensation for the victim of the incident.
Truck Accidents in Fort Myers Statistics
Statistics from Lee County, which includes the city of Fort Myers, indicate the total number of car accidents, including those involving trucks. For example, in 2019, in the county there were:
- Total Number of Collisions: 1,257
- Fatal Crashes: 98
- Injuries: 7,570
Statistically, there were fewer crashes in 2019 than in 2018 (12,626) and 2017 (12,709). Nevertheless, the statistics remain alarming.
Cargo-Related Issues
Transportation of commercial cargo is subject to mandatory insurance. The carrier must issue such insurance to the driver. However, cargo insurance will not be considered as an indemnification option. In that case, the carrier must have other insurance not lower than PIP. It is also important to know that in some places, particularly Fort Myers, it is forbidden for heavy vehicles that carry hazardous substances to pass in the tourist recreation area.
In such a case, if a car accident occurs, the driver’s responsibility increases many times over. Victims of car accidents can seek the help of an attorney, who will gather evidence and provide a jury trial to examine the culpability of the driver who transported the dangerous goods in the prohibited areas.
Common Problems Obtained From Truck Accident Injuries
There are problems in court practice that prevent you from fully disclosing the circumstances of the incident. Juries consider such situations, and the attorney must prove the driver’s guilt in defending the victim’s interests. The most common problems faced by truck accident lawyers are:
- Lack of Driver’s License to Operate a Tractor-Trailer. It is not uncommon for a truck driver to not be licensed to operate an 18-wheeler, and an accident lawyer can prove that the driver got behind the wheel by committing willful acts due to the lack of a license to operate the truck.
- Accident Due to a Vehicle Defect. Very often in the practice of attorneys, there are cases involving a technical defect in the machine. The fault of the driver in this case is minimal, but it takes into account his actions to reduce the accident situation. In this case, the lawyer will help to make a claim against the manufacturer of the car.
- Maintenance of the Car. In this case, it is considered whether the driver did not carry the forbidden cargo, whether the truck underwent maintenance, and whether the mode of work and rest of the operator of the machine was complied with. For each case, additional expertise is assigned and the crash attorney will help gather the necessary evidence to find the fault of the tractor driver.
In addition, there are other problems that have to be solved individually. Based on the facts of the accident, the lawyer will begin to collect evidence and protect the interests of victims of the accident.
Frequently Asked Questions
Truck accidents have severe consequences for the victim. Our experienced trucking accident lawyers in Florida answer your questions here and are ready to review your case in detail. If you haven’t found your answer, ask an experienced truck accident attorney and get a free consultation.
Under What Conditions Do Truck Accidents Occur?
The most common conditions that cause truck accidents are:
- Bad weather conditions
- Failure to follow traffic rules
- Fatigue of a driver who worked without rest
- Careless driving
In most cases such accidents are considered negligence, and in protecting the interests of the victim of the accident, the lawyer will gather evidence that the driver was reckless and negligent.
What Should I Do After a Truck Collision?
After a truck accident, you must stay where you are. You should not leave the scene of the accident. Contact an emergency operator at 911 with the necessary information. You also need to notify your insurance company of the accident. If possible, contact your attorney and get instructions on how to proceed.
Who's at Fault in a Truck Accident?
An expert determination of fault can be made. An investigation is conducted to determine the degree of fault of each party. You can also have your lawyer investigate the case to make sure the investigation is conducted correctly.
Can I File a Truck Accident Lawsuit?
By law, you can file your own lawsuit, but a personal injury attorney can also represent you. You may not be able to resolve some of the legal issues; this is where only experienced attorneys in Fort Myers can help.
How Do You Determine Fault After a Truck Accident?
Only a technical expert can provide information about who is at fault. You can contact our attorneys, who will formally request an examination to properly draft a claim or provide protection for the driver. Note that in some cases, the expertise is only valid for twelve months. If you seek help from a crash attorney at a later date, additional expertise may be required.
How Much Is a Typical Truck Accident Injury Claim Worth?
The size of a typical claim cannot be determined because each case must be evaluated individually to determine the likelihood of the outcome. Get a free consultation with an attorney, who will explain how your claim value will be calculated.
How Dangerous Are Commercial Trucking Accidents In Fort Myers?
In addition to being considered for a claim by our lawyers, commercial trucks owned by farmers (tractors, tractor-trailers), construction equipment trucks, etc. are often the culprit. The danger of accidents with this type of vehicle is related to the fact that the large dimensions of the truck in a collision can create a catastrophic situation for drivers and passengers of cars, pedestrians, and cyclists.
Get a Free Consultation
If you or a family member or loved one has been involved in a truck accident, you can always seek help from our attorneys. On the basis of the case provided, our lawyer is ready to provide you with an initial free consultation and help with further actions.
References and Resources:
https://www.flhsmv.gov/pdf/crashreports/crash_facts_2019.pdf
https://www.garvinlegal.com/fort-myers-truck-accidents-lawyer.html
https://www.hdlawpartners.com/fort-myers-truck-liability-attorney/
https://www.jimforjustice.com/fort-myers-truck-accidents
https://fortmyers.wolfsonlawfirm.com/truck-accidents.html
https://www.dhclaw.com/faqs/how-fl-crash-victims-can-get-pain-and-suffering-awards.cfm
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