When truck drivers and commercial carriers in Fort Myers are negligent, serious accidents can occur. Accidents along heavily trafficked highways like I-75 or major roads like McGregor Blvd can cause significant injuries to the occupants of passenger vehicles. Add to the stress of losing income while you recover from your injuries, with the challenges of dealing with multiple trucking industry companies and their large insurers, and the claims process can overwhelm just about anyone.But you don’t have to go through this alone.
If you have been injured by a commercial carrier or truck driver, the truck accident lawyers in Fort Myers with the Law Offices of Wolf & Pravato can help. OurFort Myers personal injury lawyers have handled many lawsuits involving large commercial trucks. Our legal team can help you pursue maximum compensation for your losses.
Contact us today for a free case consultation. Our law firm works on contingency, so you pay nothing unless we win.
Truck Accident Statistics Fort Myers
According to the2023 Traffic Crash Facts from the Florida Highway Safety and Motor Vehicles (FLHSMV), there were 35,795 injured drivers and 5,075 injured passengers involved in accidents with medium to heavy trucks across the state. In Lee County, there were 1,987 commercial vehicle crashes with 12 fatalities and 377 injuries, a 2.11% increase from 2022.
Our Fort Myers truck accident lawyers commonly see the following causes:
- Driver fatigue: Long hours on the road without adequate rest
- Distracted driving: Using a phone, eating, or other distractions
- Speeding: Exceeding limits or driving too fast for road conditions
- Impaired driving: Under the influence of alcohol, drugs, or certain medications
- Poor vehicle maintenance: Brake failures, bad tires, or mechanical issues
- Improper loading: Overweight or unbalanced cargo leading to rollovers or loss of control
- Weather conditions: Heavy rain and wind making driving hazardous
- Blind spots: Limited visibility leading to collisions when changing lanes or turning
- Inexperienced or untrained drivers: Lack of proper training in handling large trucks
- Aggressive driving: Tailgating, sudden lane changes, or road rage
Common Serious Truck Accident Injuries Cases We Settled
Victims of large rig accidents are often occupants in passenger vehicles, not the truck drivers, and the injuries are often catastrophic in nature. Our truck accident attorneys in Fort Myers manage cases for clients suffering from such injuries as:
- Traumatic brain injury (TBI)
- Spinal cord injury (SCI)
- Fractures and lacerations
- Internal injuries
- Burns
- Amputations
Emergency medical care can be sought at Lee Memorial or HealthPark Medical Center, but the costs are often very high. Such injuries leave victims out of work for extended periods, and in some cases, victims may never be able to return to their old jobs.
The Fort Myers semi-truck accident lawyer with the Law Offices of Wolf & Pravato understands the challenges victims and their families face and has the experience to take on these difficult cases.
Proving Negligence in a Fort Myers Truck Accident Case
To obtain compensation for your injuries and losses following a truck accident, your Fort Myers truck accident attorney will need to provenegligence. When a person or party has a legal or professional obligation to your safety and health and fails to act in a manner that is reasonable and with care, which causes you injury, they are negligent.
Our truck accidents lawyer in Fort Myers must demonstrate these four principles of negligence:
- Duty of care: The legal relationship between you and the truck driver, the trucking company, and other related parties
- Breach of duty: The action or inaction of the other party, such as the common causes we listed above
- Causation: The accident that occurred and caused your injuries
- Damages: The financial losses, physical injuries, and emotional trauma you suffered
Gathering Evidence After a Truck Accident in Fort Myers, FL
To prove those four elements of negligence, your truck accident attorney in Fort Myers, FL, must gather evidence. The evidence we typically collect includes the following:
- Police reports: Official documentation of the crash from either the Lee County Sheriff’s Office or the Florida Highway Patrol
- Medical records: Proving the extent of your injuries and treatment
- Photographs: Photographic evidence of the accident scene, vehicle damage, and injuries
- Surveillance or traffic camera footage: Video evidence from nearby cameras
- Witness statements: Accounts from people who saw the accident
- Driver logs:Hours of service records showing how long the trucker was on duty
- Electronic logging device (ELD) data: Digital records of speed, braking, and hours driven
- Maintenance and inspection records: Showing the truck’s condition and service history
- Cargo records: Bills of lading, loading documents, or weight tickets
- Employment records: The driver’s qualifications, training, and history
- Cell phone records: Checking for distracted driving
It is crucial to secure this evidence as soon as possible. Evidence from the accident scene could be lost and memories may fade, but vital evidence for your personal injury claim may even be in the hands of possible defendants.
If you contact us soon enough, we can send out letters of spoliation to the trucking company and others to preserve any evidence they may have in their possession.
Should You Accept the Insurance Settlement Offered?
Following your truck accident, you will be facing a lot of stress. While you are recovering and out of work, you’ll probably start receiving calls from the insurance companies offering you a quick settlement and a way out. However, without understanding your full range of damages, you run the risk of accepting a settlement that fails to cover your losses.
The insurance companies are not on your side. They want to protect their bottom line, their profits. They will look for opportunities to get you to settle fast to avoid paying you any more than they must. And if you accept their early offers, you will not be able to go back and ask for more later.
Our legal team can protect you from their insurance tactics. A truck accident attorney in Fort Myers knows how they operate and how to avoid costly mistakes.
Common Types of Truck Accidents in Fort Myers
The lawyers for semi-truck accidents in Fort Myers with the Law Offices of Wolf & Pravato have seen various types of truck accidents, such as:
- Jackknife accidents: Trailer swings out at an angle, folding against the cab
- Rollover accidents: Truck tips onto its side or roof, often from sharp turns or imbalance
- Rear-end collisions: Truck crashes into the back of another vehicle
- Blind spot accidents: Collisions when vehicles are in areas the truck driver can’t see
- Tire blowouts: Sudden tire failure causing loss of control
- Underride accidents: Smaller vehicle slides under the trailer
- Wide turn accidents: Truck swings wide and catches vehicles or objects in its turning radius
- Hazardous material spills: Release of dangerous cargo after a crash
If you have suffered injuries in these or any accident involving a large tractor-trailer, contact our office and discuss your case with our team today.
Statute of Limitations for Truck Accident Lawsuits in Florida
In addition to preserving evidence before it is lost or destroyed, you need to be aware of the statutory deadlines on your claim.
UnderFlorida Statutes § 95.11, you typically have two years to file a personal injury lawsuit with the Lee County courts or risk losing your right to seek compensation for your losses.Wrongful death claims follow the same deadline, but they begin on the date your loved one died. Plus, there are exceptions that may shorten or extend the deadline.
If you do not file your lawsuit on time, the courts will bar your case. In turn, the insurance companies will have no reason to negotiate any settlement beyond what they offer you. Insurance companies are aware of this law, and some may stretch out settlement talks with you in the hopes that it expires without you knowing.
We will ensure your case is managed properly and lawsuits are filed on time, protecting your rights to the compensation you and your family deserve.
What If I’m Partly to Blame for the Accident?
Another statute you should be aware of is the state’s modified comparative fault,Florida Statutes § 768.81. Under this law, you may still receive compensation for your losses even if your actions contributed to the accident and your injuries. However, there are a few things to know:
- Degree of fault: Your fault in the accident will be presented as a percentage
- Proportionate compensation: Your degree of fault will reduce your compensation by that value
- Exceeding 50%: If you are more than 50% at fault, you are barred from any compensation
Insurers are aware of this statute as well and may try to place a greater degree of fault on you to lower your settlement. We can counter these questionable tactics with the evidence and information we gather from our investigation. We can use testimony from accident reconstruction specialists, highlight any violations ofFMCSA regulations, or present additional liable parties.
Protect Your Rights After a Fort Myers Truck Accident
The Fort Myers truck accident lawyers with our firm understand the effect these accidents can have on victims and their families. If you have been injured or lost a loved one in a commercial carrier accident in Fort Myers, contact theLaw Offices of Wolf & Pravato today at (844) 643-7200 or complete our online form. The initial consultation is always free.
Our compassionate team is here to support you through every step of the legal process. We’ll investigate your case thoroughly, handle the insurance companies, and fight for the compensation you need to move forward. Also, we work on contingency, so you pay nothing unless we secure a settlement or court award.
Let us take on the legal burden so you can focus on healing and rebuilding your life.
Fort Myers Truck Accident FAQs
Who can be held liable for a truck accident in Fort Myers?
The trucking industry involves multiple parties, and each may be liable. They include:
- The truck driver
- The trucking company
- The cargo loaders
- The maintenance crews
- The truck or part manufacturer
In some cases, a government agency may be liable for poor road conditions.
How long does a case take?
A case could take a couple of weeks to years to resolve. It depends on the severity of your injuries, the time to recover, whether there is any question regarding liability, if multiple parties are liable, and whether the insurance companies are willing to negotiate.
Can I sue the trucking company directly?
Yes. They may absolutely be liable. Your Fort Myers truck accident attorney can investigate and determine whether they and others share liability in your claim.
What damages can I recover?
Your damages could include the following:
- Pain and suffering
- Emotional distress
- Anxiety and depression
- Loss of enjoyment of life
- Loss of consortium
- Scarring and disfigurement
- Disability
- Medical expenses
- Ongoing healthcare
- Home and vehicle modifications
- Loss of income
- Reduced earning capacity
- Property damage
Do truck accident cases go to trial?
Most cases are settled out of court, but if we cannot reach a fair settlement, we will take your case to court and seek a court award.
What if the driver was an independent contractor?
Trucking and shipping companies try to avoid liability by hiring an independent contractor. However, there are exceptions that will still hold them liable for any injuries their contractors may cause. Your Fort Myers truck accident lawyer can explain.
Can I file if multiple vehicles were involved?
Yes. We have experience handling complex cases involving multi-car, multi-party lawsuits.
Will medical bills be paid before the case settles?
In Florida, your personal injury protection will cover your medical bills up to the policy limits regardless of fault. You can seek additional coverage through your health insurance, which will seek recovery from the at-fault party after.
If your injuries exceed these policy limits, you have other options that our Fort Myers attorneys can explain.