As a driver in Fort Myers, it is not unusual to observe debris on the side of the road. Debris tends to come from objects falling off overloaded trucks, damaged vehicles, or from someone purposely throwing it out of their car window. If this happens at high speed, this could result in injury or severe damage. If you were not to blame, then you are entitled to compensation.
Local authorities have a responsibility to clear away loose debris from the roadside that may have come from an individual driver or trucking company.
Florida has some of the worse car accident statistics in the country. Detailed information can be found from the Florida Highway Safety and Motor Vehicles (FHSMV). We aim to make the roads safer by holding reckless drivers, companies, or government organizations responsible for their actions. You should not have to pay out for any accidents caused by loose debris.
At The Law Place, our personal injury attorneys have 75 years of experience combined, and we are not daunted when it comes to taking on large companies or government organizations. For a free consultation, call our law firm now on (941) 444-4444 so that we can advise you on how to proceed.
What Should I Do After a Car Accident in Fort Myers?
Following a car accident in Fort Myers, it is important to act fast to ensure a fair claim. A free consultation with us will aid you in this as we will offer you some initial advice.
- Check for injuries – Following the accident remain calm and do not panic. Check yourself first for any injuries before helping anyone else involved. Do not move if you are seriously injured or move anyone who could have a serious injury. If safe to do so, move yourself and anyone else involved away from oncoming traffic.
- Call emergency services – Under Florida Statute 316.062, you are obligated to call the police if there are any injuries or substantial property damage. If anyone needs immediate medical attention, you will also need to call an ambulance.
- Gather evidence – If your injuries do not prevent you from collecting evidence, then try to collect as much as you possibly can. Take as many photographs as you can, including the vehicles, the debris on the road, and your injuries. You will also need to take the name, number, and vehicle information of all other persons involved and contact information of any witnesses.
- Seek medical care – If you do not need instant medical care, you should still see a doctor as soon as you possibly can. Often injuries are masked by adrenaline, but if left untreated, it could cause delayed side effects. You will only receive compensation for your injuries if you seek medical advice within 14 days of the accident. This is in accordance with Florida Statute 627.736
- Contact an attorney – Acting fast can make a huge difference. This is why we advise you to contact a lawyer at The Law Place as soon as possible. If we believe you have a valid claim, then our law firm will start gathering evidence whilst it is still fresh.
- Contact your insurance company – It is vital to contact your insurance company straight away. But bear in mind that your insurance company will prioritize saving money over your best interests. You need to be mindful of how you approach insurance companies, avoid telling them about your injuries or admitting fault in any way. Stick to factual evidence and keep it short. We advise you to contact a law firm first as they can speak to them on your behalf.
For a free legal consultation with a loose objects accidents lawyer serving Fort Myers, call 941-444-4444
Who is Responsible for My Car Accident Claim in Fort Myers?
Depending on the conditions of your accident case, multiple parties could share the blame. Florida operates under a comparative fault system, as described in Florida Statute 768.81, meaning that it could be a joint liability case.
If loose debris caused the accident, it could be the result of an overloaded truck, a defective car part, or intentional littering. As of consequence, the truck driver, mechanic, or the trucking company could be liable. The local authorities’ also have a duty to clear away debris, and if it had been left for some time, then a governmental organization could also be liable.
To achieve a successful claim and sufficient compensation, it is vital to determine who is at fault. Our personal injury lawyers at The Law Place have the experience and know-how to carry out an investigation to determine who is at fault.
However, Florida’s comparative fault laws could potentially result in you sharing some of the responsibility. For example, if you were speeding when the loose debris caused the accident, then you could be partly at fault. Your settlement will be reduced by 20% if you are found to be at 20% fault. In order to still make a claim, you will need to be at less than 50% at fault.
In order to reduce the amount the other party has to pay, they will attempt to prove that you were at fault instead of them. This tends to happen when governmental organizations or trucking companies are involved, as they will have a team of dedicated lawyers ready to fight. At The Law Place, we want to ensure that there is no unfair blame and that you are not being taken advantage of. We will represent your best interests.
Fort Myers Loose Objects Accident Lawyer Near Me 941-444-4444
Trucking Companies
In Fort Myers, accidents resulting from loose objects falling from trucks is a common occurrence. Trucks tend to carry heavy loads past the legal requirement. A special permit is required when carrying a heavier load, and the trucks should drive at specific times when there is less traffic.
Staff working for trucking companies should receive appropriate training and take the correct number of breaks. But unfortunately, the guidelines set by the Federal Motor Carrier Safety Administration are not always followed.
A truck carrying heavier loads results in higher profit for the trucking company. In order to ensure trucking companies abide by the legal requirements, it is best to hold them liable. This will encourage them to make conscious decisions in the future.
If an accident was the result of a trucking company not following guidelines, then they could be found liable for your damages. However, trucking companies have accomplished attorneys fighting their side. At The Law Place, we highly recommend that you seek assistance from a dedicated car accident injury lawyer.
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Defective Parts
Poor tires or fenders can be examples of defective parts that may cause an accident. The driver is responsible for ensuring that their vehicle is maintained. However, sometimes loose objects are due to the negligence of a mechanic or the result of a manufacturing failure.
If the manufacturer is of blame, then your car accident attorney will aid you in claiming for a product liability lawsuit.
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Government and Private Road Guardians
In Fort Myers, governmental bodies or a private entity usually have a duty to maintain the roads. If there was an adequate amount of time for debris to be cleared away and it wasn’t, then your claim could be founded on their negligence.
Fort Myers Personal Injury Damages
All car accidents result in damages, such as medical bills and property damage. Your personal injury lawyer will aid you in calculating how much you are owed and will fight for your right to fair compensation. While no quantity of money can make up for the pain caused by your injuries, it can aid you in getting your life back on track.
- Medical invoices – Medical invoices can quickly accumulate after a car accident. A personal injury lawyer can help you receive compensation for both past and future medical invoices. This is inclusive of medical bills, home alterations, and travel to and from appointments.
- Loss of wages – Serious injury can result in lost wages and potential loss of earnings in the future. A personal injury lawyer will help you calculate this cost so that you are fairly compensated.
- Property damage – Your vehicle will likely be damaged following a car accident. You have the right to be reimbursed for any personal belongings that have been damaged, such as your mobile phone.
- Wrongful death – Under Florida Statute 768.21, if the car accident results in a death, then that individual’s family can file a lawsuit for wrongful death and claim for funeral costs and potential loss of income to that household.
- Pain and suffering – Compensation is available for victims that are suffering from emotional trauma due to serious injury following a car accident. However, it can be difficult to justify monetary compensation for such ailments. Such damages can include loss of enjoyment of an activity you could carry out prior to the accident. An experienced personal injury attorney in Fort Myers will help you receive compensation for these injuries by properly evidencing your claims.
The Importance of Acting Quickly After a Car Accident in Fort Myers
Following a car accident in Fort Myers, it is vital to contact a reputable law firm as soon as possible. This is so The Law Place can carry out an accurate investigation by gathering clear and fresh evidence. Unfortunately, over time, CCTV is deleted, damages will be fixed, debris is cleared away, and witnesses’ will start to forget.
If the debris came from a truck that caused your accident in Fort Myers, then your attorney will demand the information from the black box or EDR. The Florida Senate requires all trucks to have a black box or EDR. However, trucking companies have been known to tamper or destroy the evidence.
Our law firm will also gather other relevant information, such as employment records and maintenance records. Any delays in the investigation can potentially result in the trucking company covering up evidence such as this.
If, upon reading this information, you are concerned that too much time has passed following from the accident, do not worry. The statute of limitations for personal injury in Florida is four years. In accordance with Florida Statue 95.11, you have four years to make a claim. After four years, you will not legally be able to make an injury claim. Though, under exceptional circumstances, you still may be able to make a claim, for example, if you have been in a coma. At The Law Place, we are not averse to a challenge, and our experienced attorneys will look for ways to support your case.
What Will a Fort Myers Accident Attorney Do for Me?
Upon initial contact with The Law Place, we will offer a free consultation and advice no matter the circumstances. Then, if we believe you have a valid claim, you will be invited to a further in-depth consultation.
In your consultation, we will talk over our operations and fee structure. After answering all of your queries, we will ask you to commit to representation or not. There will be no obligation.
If you decide to be represented by The Law Place, our whole team will review your case. It is beneficial to put our combined knowledge at work. From this, a strategy will be put in place, and the best attorney will be assigned to your case; they will become your advocate.
From this point forward, you can relax. Your main focus should be your recovery. Rest assured that your attorney will get right to work in Fort Myers, speaking to insurance companies, collecting evidence, calculating damages, and assigning fault.
They will contest for maximum compensation, and in the rare eventuality that an agreement cannot be determined, they will have the evidence ready to put forward in court.
Insurance firms tend to quickly offer a larger amount in compensation if you have a reputable attorney on your side. This is due to the fact they know their losses will be bigger in court.
How Much Will an Accident Attorney Cost Me in Fort Myers?
At The Law Place, we work from a contingency plan, meaning you will not pay anything upfront. The fees will be taken from your settlement, meaning that if you don’t win, there will be no fees, which means less stress.
Contingency work is monitored by the State Bar Association of Florida. At The Law Place, we strictly follow these guidelines, that are designed to protect victims.
You do not need to feel obliged to commit to representation from us. We will answer all of your questions before you make a decision on how to proceed. It is our duty to explain how we will handle your case and what fees will be involved if you decide to receive representation from us.
Contact The Law Place Today!
If you or a loved one has suffered injuries resulting from loose debris on the roads in Fort Myers, then you need a lawyer with the experience and know-how of Florida law to contest for maximum compensation.
Most car accidents are avoidable, and we are devoted to making Florida’s roads safer. An accident resulting from loose debris often involves several parties, all of which must be held responsible for their actions, hopefully stopping them from acting the same way in the future.
Give yourself the best chance at seeking fair compensation and justice by choosing our law firm to represent you. We are confident that you will receive compensation as we have over 75 years of combined experience in cases similar to yours.
Our phone lines are open 24/7, seven days a week, meaning we are available when you need us the most.
Call us today for a free consultation in Fort Myers on (941) 444-4444.
Call or text 941-444-4444 or complete a Free Case Evaluation form