Call Us Today A truck accident can be a life-changing event. Large trucks are different from smaller vehicles. Their massive size and weight cause incredible amounts of property damage and catastrophic injuries.
When truck accidents occur, those in passenger vehicles often do not walk away from the accident. Those victims must talk with the Fort Myers truck accident lawyers at Viles & Beckman to learn their legal options.
As an accident victim, the law allows you to pursue compensation for damages if the accident resulted from negligence. An experienced Fort Myers personal injury lawyer can help defend your legal rights.
Why Hire Viles & Beckman?
The skilled attorneys at Viles & Beckman have served as advocates for the injured since 1995. Their continued dedication to advocacy, coupled with their strong negotiation, settlement, and litigation skills have resulted in the recovery of millions of dollars in damages for their clients.
Viles & Beckman’s lawyers are committed to pursuing the best possible outcome for every case. It’s impossible to guarantee results because every case has distinctive characteristics, but we will aggressively seek justice to hold liable parties accountable for their actions.
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Types of Truck Accidents
Many different types of truck accidents can lead to severe injury or death. Common types of commercial truck accidents our truck accident attorneys in Fort Myers see include:
Head-on Crashes
When a motor vehicle collides with a truck head-on, injuries are often severe or deadly, especially at high speeds. Head-on collisions can occur when a negligent truck driver loses control of a truck and swerves into oncoming traffic.
A driver might lose control of his truck if he is drowsy, driving under the influence, or distracted. Mechanical failure and several other reasons can also cause this.
T-bone Accidents
T-bone collisions, which typically occur at an intersection, are sometimes referred to as broadside crashes when occurring on the passenger side of a vehicle.
When distracted or aggressive truck drivers run a traffic signal or stop sign, they can crash into a vehicle as it travels through the intersection. These types of accidents are not as common with large trucks as other types of crashes.
Jackknifes
Semi-truck drivers who are heavy on the brakes during traffic or rainy weather can cause their trailer to skid, making a V-shape with the cab.
Divided highways and interstates might protect other motorists from a collision when a jackknife occurs; however, a jackknifed semi often puts other vehicles at risk of collision. In some cases, a multi-vehicle pileup can occur.
Rollover Accidents
Truck drivers often walk away unscathed from accidents, except when a rollover occurs. These dangerous accidents often result from a trucker losing control of the truck for a variety of reasons. Rollovers put other drivers at risk for collision and might also lead to a multi-vehicle accident.
Underride Collisions
This is an extreme type of rear-end crash that occurs when a vehicle gets lodged under the back of a trailer. Trucks that stop suddenly to avoid something in the road or because of traffic might be rear-ended by a distracted driver who might be tailgating.
Smaller vehicles get stuck and ‘ride under’ the trailer until they break away, or the driver realizes what has happened. Most underride collisions are fatal. Those who survive have massive medical expenses.
Spilled Cargo Accidents
Trucking companies and drivers must load trucks carefully and secure each load for travel. When cargo isn’t properly secured on open trailers, it can spill all over the road.
Overloaded trucks can also roll over and spill because of instability, potentially causing deadly multi-car accidents.
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Truck Accidents Result in Severe Injuries
Truck accidents cause the same types of injuries as any other traffic collision, but the extra weight and size create a more forceful impact when a collision occurs. This results in more severe injuries, some of which can be catastrophic or deadly.
Injuries that an individual might sustain in a truck accident include:
- Fractures and broken bones
- Lacerations and other deep cuts which can cause permanent scarring
- Head traumas, including traumatic brain injuries (TBIs) which cause lifelong complications
- Neck injuries such as whiplash and other soft tissue injuries
- Back injuries such as broken vertebrae and bulged discs
- Spinal cord injuries which can cause partial or full paralysis for life
- Internal bleeding and damage to vital organs from broken ribs or impact
- Crushed limbs
- Severe burns in the event of a fire or explosion
Click To ContactTruck Accidents May Have Multiple Causes
The Federal Motor Carrier Safety Administration (FMCSA) is the primary federal agency tasked with regulating and overseeing the safety of commercial motor vehicles, including trucks. If our Fort Myers truck accident attorneys find truckers broke FMCSA regulations, you may have a strong case for compensation.
Truck accidents might be a result of many different scenarios, but the FMCSA reports the following violations as common driver-related causes for truck accidents:
Driving Under the Influence
Driving under the influence isn’t as common as other causes of truck accidents, but it does happen. Truck drivers have demanding schedules requiring them to make deliveries and pick-ups at all times of the day. In addition to long hours, drivers must deal with the stress of traffic and the responsibility of driving a large commercial vehicle.
Some drivers use drugs or alcohol to allow them to drive longer or to deal with their demanding job. Drugs and alcohol impair reaction time for truck drivers, which can lead to severe accidents with injuries and fatalities.
Drowsy Driving
Drowsy driving is also an artifact of truckers’ demanding schedules and long hours. Drivers have mandatory hours of rest, but it doesn’t always mean they get the sleep they need.
The FMCSA reports drivers who haven’t slept in 18 hours have the same level of impairment as a driver with a 0.08% breath alcohol level. Drivers who might fall asleep at the wheel put other drivers at risk for accident and injury.
Distracted Driving
Distracted driving includes any activity that takes a driver’s focus away from driving, including taking hands off the wheel, eyes off the road, or mind away from driving. Some common distractions include cell phone use, GPS programming, eating and drinking, reaching for something, watching events outside the vehicle, and daydreaming.
Most distractions are not illegal, but truck drivers who use a cell phone while operating a truck without hands-free protection are breaking federal mobile phone restrictions.
Speeding
Speeding in large trucks can lead to deadly traffic collisions. In fact, the FMSCA reports about one-third of all fatal truck crashes involve speeding. When truck drivers speed or travel too fast for conditions, they cannot control their trucks as easily, making it more difficult to stop and maneuver.
Tailgating
Tailgating, like speeding, often occurs because of truck drivers’ high-pressure schedules. Motor vehicle drivers should leave a two-second gap between vehicles, but trucks need more space and time to stop and slow down.
The FMSCA recommends a minimum four-second gap for trucks. In inclement weather, truck drivers might have to leave up to an eight-second gap to avoid a rear-end collision with the vehicle ahead of them.
Failure to Yield
Failure to yield to other motorists can result in a dangerous truck accident. Drivers might not yield because they don’t have the space or time, they might be distracted, or the vehicle might be in blind spots. Trucks have large blind spots on all sides, so drivers must clear them before maneuvering.
Failure to Obey Traffic Signs
Truckers do not typically fail to obey traffic signs and signals on purpose. Yet, those distracted by cell phones or other things might easily run a stoplight or stop sign and cause a severe and potentially fatal accident.
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Liable Parties in Florida Truck Accidents
Truck accidents are complex cases that often include additional parties besides the driver. It’s not uncommon for our Fort Myers truck accident attorneys to sue both the trucker and their employer for damages. If you sue for damages, you might name one or more of the following parties in your suit:
- Drivers who violate traffic laws such as driving under the influence, driving while distracted or drowsy, or who make other careless choices while driving a truck might be liable for a truck accident.
- Depending on the circumstances, truck owners or trucking companies might be partially or wholly liable for a truck accident. Trucking companies that poorly maintain trucks, force drivers to ‘run hot,’ or don’t properly train their drivers might be liable.
- Other motorists who ride in a truck’s blind spot or violate traffic regulations might also cause a truck accident if their careless driving choices cause a trucker to lose control of his truck.
- Truck manufacturers and truck part manufacturers can be held liable for a truck accident if a defective part causes a mechanical failure that leads to an accident and injury. Depending on the specific defect, any party responsible for a truck’s design, manufacturing, or sale can be held liable.
- The state of Florida, Lee County, or the city of Fort Myers might be liable for a truck accident caused by poorly maintained highways or roads, bad road design, or broken traffic signals.
Compensation Available for Truck Accident Victims
After a devastating truck accident, you deserve full and fair compensation for all your losses. Our legal team will pursue several types of damages so you can get all of the compensation you’re owed.
Economic Damages
These damages cover your direct financial losses, including:
- Current and future medical expenses to cover medical care, surgery, rehabilitation, and more.
- Lost wages and diminished earning capacity
- Property damage and vehicle replacement
- Home modifications for permanent disabilities
- Prescription medications and medical equipment
Non-Economic Damages
These damages address the personal impact of your injuries and can make up the majority of your compensation package. Our Fort Myers truck accident lawyers will negotiate with the insurance company for:
- Pain and suffering
- Emotional distress and mental anguish
- Loss of enjoyment of life
- Physical impairment or disfigurement
- Loss of consortium
- Loss of companionship
Punitive Damages
You may be entitled to punitive damages in cases involving extreme negligence or intentional misconduct. These additional damages serve to punish particularly egregious behavior, such as:
- Trucking companies ignoring safety regulations
- Drivers operating under the influence
- Deliberate falsification of logbooks
- Knowingly operating unsafe vehicles
Modified Comparative Negligence in Florida
Florida now follows a modified comparative negligence system. This means you can still recover damages even if you were partially at fault for the accident, as long as you were not more than 50% responsible. However, your compensation will be reduced by the percentage of your fault.
Wrongful Death Claims in Truck Accidents
Sadly, many truck accidents result in fatalities due to the extreme force involved in these collisions. If you’ve lost a loved one in a truck accident, you may be able to file a wrongful death claim to seek justice and compensation for your loss. Under Florida law, specific family members can pursue these claims through the deceased person’s estate.
A wrongful death claim can help recover damages for lost financial support, medical expenses before death, funeral and burial costs, and the profound emotional impact on your family. Money cannot truly compensate for your loss but can help provide financial security and hold negligent parties accountable for their actions.
The process of filing a wrongful death claim after a truck accident requires particular sensitivity and legal knowledge. At Viles & Beckman, we handle these delicate cases with the utmost care and compassion while aggressively pursuing the compensation your family deserves.
Trusting Your Case to Experienced Fort Myers Truck Accident Attorneys
When dealing with the aftermath of a truck accident, you need advocates who understand how to fight the insurance companies. At Viles & Beckman, we’ve spent decades helping accident victims throughout Fort Myers secure the compensation they deserve. Our record of recovering millions in damages for our clients speaks to our dedication and commitment.
We understand that every day you wait to get legal help is another day you’re struggling with mounting medical bills, lost wages, and the emotional toll of your injuries. Our personal injury lawyers will handle every aspect of your case while you focus on healing.
Contact Viles & Beckman today for a free case review from our Fort Myers truck accident lawyers. Let our family help your family get the justice and compensation you deserve after a devastating truck accident.
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