Call Us Today Commercial trucks are heavy and can cause tragic accidents when they collide with another car on the road. These accidents can result in serious injuries, leading to expensive medical bills. When you’re severely injured and trying to stay up to date on bills, it delays your recovery time.
The Cape Coral personal injury lawyers of Viles & Beckman know the financial and mental stress that you are going through. We’ve been helping South Florida injury victims since 1995, and we are here to help you.
If you or a loved one were injured in a truck crash, our truck accident lawyers in Cape Coral will fight for justice and your compensation. We’ll take care of handling your truck accident claim so that you can get back to recovering.
Damages You Can Recover After a Truck Accident
When you’re in a car versus commercial truck accident, the aftermath is often far worse than if it were a car-on-car accident. To pay for the damages, you may be able to recover compensation for the following:
- Medical expenses
- Lost wages
- Emotional trauma
- Pain and suffering
- Loss of enjoyment of life
- Scarring and disfigurement
- Physical therapy
- Property damage
Our Florida injury lawyers are dedicated to getting you the maximum compensation possible. We thoroughly review each case we receive and find all the damages your case qualifies for.
Sometimes, in truck accident cases, other parties—even your own insurance company—may try to talk you out of certain damages you’re eligible for. But we won’t allow them to do so. We’ll identify all liable parties and negotiate aggressively on your behalf.
Expect More, Receive More: Legal Support That Feels Like Family
Common Truck Accident Injuries
The weight of a commercial truck can cause serious and even fatal car accidents if the impact is strong enough. The most common types of injuries people sustain in truck accidents include:
- Neck and back injuries
- Burn injuries
- Broken bones
- Head and brain trauma
- Internal injuries that are not visible
- Lesions
- Injuries to rib and torso
- Spinal cord injuries and paralysis
If you don’t see your injury listed above, there’s no need to worry. Most injuries people get in truck accidents qualify. Our truck accident attorneys in Cape Coral can assess your injuries, verify that you have a valid case, and provide an estimation of your damages in our free case review.
(239) 334-3933
Different Ways Florida Truck Drivers Can Be Negligent
Truck drivers can be found negligent in an accident in a variety of ways. Besides driving errors, Florida truck drivers can be negligent via the following:
Improper Licensing or Training
Florida requires truck drivers to have the appropriate license and training, depending on the driver’s class of license. For example, a Class A license allows drivers to operate a commercial truck that weighs 26,001 pounds or more and tow a vehicle over 10,000 pounds.
If an investigation reveals that the driver who hit you carried hazardous chemicals, which requires a Class C license, they can be found negligent in their actions.
Distracted Driving
Florida implemented a ban on distracted driving in July 2019, which includes texting while driving, eating, fidgeting with a GPS while driving, and fixing your appearance. Just like everyone else, truckers have a responsibility to drive attentively and safely, if not more, because of the increased weight.
If you have evidence of the truck driver engaging in any of these activities while driving, it will help you prove their negligence.
Reckless Driving
Speeding and cutting off other drivers are common and dangerous driving behaviors. Trucking company drivers may engage in these behaviors to meet their queues and deadlines, but it puts all drivers at risk. All drivers of commercial trucks should take a duty of care to drive in accordance with the law.
Driving Under the Influence
Driving after the consumption of any intoxicating substance is illegal for all drivers in Florida because of the dangers it poses. Also, truck drivers represent the company they work for, so if they are under the influence of drugs or alcohol, it damages the company’s reputation.
A truck driver’s employer should perform regular drug and alcohol tests when the driver is hired and when they witness odd behavior. If they do not, the trucking company may be found negligent.
Fatigued Driving
Federal laws state that truck drivers’ hours of service cannot be more than eight, 11, or 14 consecutive hours without proper breaks and days off. Driving while tired is just as dangerous as driving while drunk. When you drive tired, your awareness and reaction time are slowed, which can lead to major accidents.
When you work with our commercial truck accident lawyers in Cape Coral, we’ll help you gather and preserve evidence from your truck accident so we can start building a strong case. We’ll also negotiate with insurance companies and help you get the financial compensation you deserve.
Click To ContactWho Can Be Held Liable in a Commercial Trucking Accident Claim?
Due to the immense size and weight of semi-trucks, collisions involving these large commercial vehicles often result in catastrophic injuries. However, determining liability is not always straightforward, as there are multiple potentially negligent parties:
- The Truck Driver: If the trucker was driving recklessly, distracted, fatigued, impaired, or simply made poor decisions that violated traffic laws, they can be held personally liable.
- The Trucking Company: Even if the driver was directly at fault, the trucking company that employs them may bear vicarious liability. Trucking companies can also be negligent if they failed to properly maintain the vehicle or enforced unsafe driving practices.
- Third-Party Cargo Companies: When improperly loaded or overweight cargo contribute to the truck losing control or a truck’s load becoming unsecured and causing a multi-vehicle accident, the cargo company could share liability.
- Truck/Parts Manufacturers: If a manufacturing defect in the truck or any of its component parts (brakes, tires, etc.) led to a loss of vehicle control, the maker can be sued under product liability laws.
- Other Drivers: In multi-vehicle pileups, other negligent drivers who struck the commercial truck or took actions that led to the chain reaction collision may also share fault.
Trucking companies and their insurers vigorously defend against liability due to the high-value nature of these claims. Our trucking accident lawyers have specific experience investigating which parties should be held accountable and gathering crucial evidence like driver logs, inspection reports, and black box data.
Our experienced Cape Coral truck accident attorneys will tenaciously pursue maximum compensation from all negligent parties.
Complete a Free Case Evaluation form now
The Amount of Time You Have to File a Claim for a Truck Accident in Florida
According to Fla. Stat. § 95.11, you have two years from the day of the truck accident to file a claim. If you wait longer than two years to file, you risk not getting the maximum settlement amount or no settlement at all.
Florida’s statute of limitations gives you two years, but it’s important to know that each case is different. Depending on your case, the time you have to file may be more or less than the standard statute of limitations. That’s why it’s best to hire a truck accident attorney so you know exactly how much time you have and you don’t miss any deadlines.
Contact a Truck Accident Law Firm in Cape Coral for a Free Initial Consultation
A commercial vehicle accident can be overwhelming when you don’t get the legal advice and representation you need. Our team at Viles & Beckman will help you through the legal process, protect you from unnecessary costs, and fight for your interests.
If you or a loved one were in a truck accident, contact us to start your free case review today. We’ll help you recover financially so you can shift your focus to healing.
Call or text (239) 334-3933 or complete a Free Case Evaluation form
