An accident involving a truck and fellow motorist can be among the most devastating accidents to occur on the road. If a large commercial truck is speeding, for example, and loses control of the truck, the results can be quite severe. Trucks are heavier, bulkier vehicles and can be a lot harder to slow, stop, or maneuver if a person does not know how to control the truck properly.
If you or someone you know falls into a category as outlined above and has sadly been a victim of a truck accident or similar, requiring the services of an attorney in Fort Myers, we will be well equipped to assist you and make sure you are taken care of when dealing with your new way of life. An injury due to an accident is devastating enough to deal with, and so your accident attorney needs to ensure you are well represented and taken care of.
At The Law Place, you can rest assured you will receive the best accident attorney to represent you after your accident, be it by a commercial truck, a normal car accident, or truck accident. We keep your best interests as a priority, not the truck drivers. With years of experience representing valued clients, we are a devout and trusted law firm. Our lines are always open and remain easy to reach at all times.
Please contact The Law Place in Fort Myers, FL, today on (941) 444-4444.
Dangers of Accidents Involving Trucks
Sadly, a pedestrian or motorist has a higher chance of being in a speeding truck accident in Florida than what they would have in any other state. Florida is considered one of the most dangerous places when it comes to truck accidents.
If we review Florida Highway Safety and Motor Vehicles (FHSMV), we can gain valuable data into the number of truck accidents and other fatalities occurring within the area. For example, in 2018, there were 403,626 crashes in Florida (including car accidents and truck accidents). Of these, 3135 resulted in fatalities, and 255,353 saw individuals with serious or mild injuries.
Furthermore, according to one study published by the US National Library of Medicine, more than 70% of all chest trauma injuries are a result of a car accident or truck accident. An even sadder fact is that many truck accidents are hit and runs.
When an accident occurs between a truck and a smaller vehicle, the person(s) in the smaller car usually suffers greater damages in terms of personal injury, as well as damages to their car. We can, therefore, propose that truck drivers have more responsibility on the road when it comes to safety and overall level of diligence. If you would like to further your knowledge of road etiquette and rights when it comes to personal responsibility, please visit the Florida Statute 768.81 on negligence.
For a free legal consultation with a speeding truck accidents lawyer serving Fort Myers, call 941-444-4444
What Needs to be Done After a Truck Accident in Florida?
The first thing you should do after being in a truck accident is to try your best to secure yourself, if at all possible. What we mean by this is make sure you are out of harm’s way i.e. not in the middle of the road. After that, you should evaluate your person and see if you have sustained any injury or injuries, after which point you can do the same for any other individuals who might have also been involved. After this, it is important to know that you have a case from being involved in a truck accident. You will, of course, need an accident attorney from Fort Myers to represent you as well as report any injuries you may have endured. We also advise that you seek advice from an insurance company.
However, before leaving the scene of the accident and if it is within your power to do so, collect as much evidence as possible regarding the incident. This includes:
- Particulars of the truck itself (license plate, model, color, anything specific about the truck).
- Details of the truck driver or truck drivers (their name, address, phone number, company they work for, and insurance provider/ insurance company).
- Take photos of the scene, if possible.
- Try to draw a sketch or make a voice memo on your phone of what happened.
- Talk to as many witnesses as possible and try to get as much information and detail as possible for your case.
- When police and other authorities arrive, be sure to get their contact information, including names, badge numbers, and IDs. This will make tracking the people at the scene/ working on your case much easier later on.
After this, you would then contact a Fort Myers truck accident attorney. They will begin investigations and do the groundwork with the relevant insurance company as needed. Following these guidelines and giving your attorney as much information as possible, as quickly as possible, will help strengthen your case and ensure your claim is within its full potential.
Fort Myers Speeding Truck Accident Lawyer Near Me 941-444-4444
What are Common Causes of Truck Accidents in Fort Myers?
The Federal Motor Carrier Safety Administration has given an outline of the reasons and causation of many truck accidents and related accidents occurring in many areas such as Fort Myers. They can be broken up accordingly:
- Performance or lack thereof – This would include instances where the driver fell asleep, suffered some sort of medical emergency or impairment.
- Recognition – Failure to address a road situation accurately and act in a responsible manner.
- Indecision – The truck drivers’ wrongful assessment of a situation.
- Overall performance and conduct – The truck driver did not exercise proper caution or act in a reasonable manner.
The vehicle or truck:
- Poor performing or faulty brakes.
- Issues with tires.
- Load shifting.
- Road conditions.
- Dangerous weather rendering impaired vision.
- Other hazards.
Other issues around the causes of truck accidents include not sticking to the speed limit, intoxication while operating a truck or commercial truck, general fatigue, and/ or doing irresponsible maneuvers and/ or taking unnecessary risks. More information can be obtained from the FMCSA in this instance.
How are Truck Accidents Investigated in Fort Myers?
In the unfortunate event of a truck accident, it is advised that the parties involved obtain a Fort Myers truck accident attorney. This should be done as soon as possible to mitigate any potential loss of information/evidence and to make sure your case is being handled as accurately as possible. You are also advised to attend to any personal injury as quickly as possible. In most cases, the evidence around building your case is not entirely apparent or obvious. Our team has over 75 years of combined experience and will be able to go through each detail of your case with precision. Our skilled professionals leave no question mark or room for error as we work with many Fort Myers truck accident cases.
Additionally, we have specialized team members who will be able to elicit information around your case if necessary. Some details might not seem important at the time, but they are valuable when it comes to the insurance company, the commercial truck itself, or any other part of the case with a relevant link.
In some instances, we might have access to very important information through an Event Data Recorder (EDR), or black box. These are installed on many trucks for the purposes of recording events, monitoring, and tracking. However, it is not compulsory. If the truck that you were in an accident with is in Fort Myers, FL, then you will be able to request this data, and our technical team will be able to assess and put together a report based on this information. Your attorney will be privy to this information and can communicate this with you. You may review the following document National Highway Traffic Safety Administration (NHTSA) should you wish to gain more information on EDR machines.
Part of our job at the Law Place and as your chosen attorney is to ensure that you are informed and up to speed when it comes to your case. We also protect your best interests by making sure any evidence is secure and not tampered with in any way. A truck driver or commercial trucking company may want to misconstrue events or evidence as to elevate their case to make the accident appear favorable to them. But, as your appointed law firm and attorney, we will quickly obtain all records to make sure we have all the original documents so that this does not happen.
Outside of our scrutiny of the records, as your legal representatives, we will need to visit the scene of the accident. Your attorney will need to paint a picture of exactly what happened. He or she can do this by visiting the location to interview witnesses, check the traffic orientation, review specific details such as positioning of signage, looking for skid marks, balustrades, or anything that could contribute to the cause and reaction of the event itself. Your attorney is allowed to request confidential information if it adds to the development of your case. Having a good attorney is paramount when trying to render the accident in your favor.
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Who Is Liable for a Speeding Truck Accident in Fort Myers?
In Florida, this would be determined by the court measuring blame in an accident. If it is found that the fault lies mostly with the truck driver or company, but the motorist was also at fault, e.g. 20%. Then the court would rule in favor of this, holding the truck driver or company at a much higher blame rate than the motorist, in this example 80%. Damages would then be divided accordingly.
No-fault laws in Florida mean that individuals need to claim from their insurance providers. The following Statute, Florida Statute 627.7407, has all the information surrounding this law. In addition, the following Florida Statute 627.736 requires you to have the necessary insurance and to seek medical attention for personal injury due to an accident within 14 days. The only time whereby the company itself will be liable for damages is if you decide to claim for pain and suffering due to the accident.
What Damages Are You at Liberty to Claim for in a Trucking Accident?
Apart from economic damages such as damage to your property as well as lost wages or medical bills being the most important costs involved, you are also at liberty to file for non-economic damages in your specific case. This would include any damages or losses suffered when it comes to pain and suffering. This is hard to assess, but it can be done and is usually evaluated according to anguish and or mental distress you may have suffered as a result of the accident. This is very case-specific and will be evaluated accordingly, where possible. However, it can be quite difficult to prove as a certain amount of injury or personal injury quota needs to be met and approved in the eyes of the court.
As outlined in Florida Statutes Chapter 627, people in road accidents can only look to file these types of claims if they have unfortunately sustained any of the following:
- Permanent or significant injuries.
- Injuries causing loss of mobility or function.
- Injuries resulting in disfigurement or scarring of a permanent nature.
- Injuries resulting in death.
If you do not fall into the above-mentioned categories, you will not be in a position to file and claim for general damages for serious injury. Claiming from insurance will then be the route to follow and your attorney will advise in this regard. If however, a loved one has died due to wrongful death, you can claim as per the following Florida Statute 768.21 for funeral expenses and loss of consortium- which your attorney can also see to.
Why It Is Important to Act Quickly After a Trucking Accident
Gathering information, evidence, and creating an accurate timeline of events as soon as possible is of the utmost importance. Memories fade, and trauma sometimes prohibits our ability to recall certain things. Truck drivers and trucking companies have also been known to hide or conceal information in the hopes that they will not be held liable or found guilty. Therefore, having an attorney who can get as much information as possible is crucial, and acting quickly to avoid unsolicited interference is paramount. We at Fort Myers truck accident attorneys are here to make sure you are in the best position possible after your accident. You will receive the representation and diligence required to see you emerge from the experience with appropriate compensation.
What Are the Costs Involved When Hiring a Truck Accident Lawyer?
Injury attorneys at Fort Myers get paid on a contingency basis. As outlined in the State Bar Associations, your lawyer will receive a percentage from your overall payment payout once you have received this. If for some reason you do not win your case, there will be no fee. We will run through our fee structure with you prior to taking the case to ensure you are happy with the terms.
Speak to a Truck Attorney From Fort Myers Today!
Have you unfortunately been involved in a truck accident, was a driver of a truck speeding or in any way acting in an irresponsible way, have you suffered an injury or multiple injuries due to this event? If so, you should look into your eligibility for compensation. Don’t disregard any personal injury, you might have a case, and we can help you.
Call The Law Place today on (941) 444-4444 for an evaluation.