Fort Myers Truck Accident Attorney

There are often many complexities involved when you or a loved one is injured in a truck accident, as the large vehicles are frequently not owned by a single person. As a result, you may be under a lot of unnecessary stress at the same time you’re attempting to recover from this traumatic experience. Our Fort Myers truck accident lawyer will help you understand these difficulties while allowing you to rest and recover from your injuries and damages. Our Fort Myers personal injury lawyers have helped over 30,000 clients get the compensation they deserve.

Our accident injury lawyers have a significant amount of empathy for truck accident victims and their families, as everyone in the victim’s network may often suffer emotionally and financially due to the accident. In our many years of business, we have secured millions in successful settlements and verdicts for our clients and have helped over 30,000 clients get the compensation they deserve in Fort Myers.

Types of Truck Accident Cases in Florida

In 2021, 366 large trucks were involved in fatal crashes in Florida, accounting for 6.7% of all fatal traffic accidents in the state and 6.4% of such crashes nationwide according to the NHTSA report. These numbers underscore the significant risks all types of trucks pose on Florida’s roads, particularly in high-traffic areas like Fort Myers. Truck crashes in Florida vary in form, each with distinct legal and regulatory factors. Common cases include:

• Jackknife Accidents
  These occur when a truck’s trailer swings out sharply, often due to sudden braking or poor road conditions. FMCSA regulations require proper maintenance and braking systems to prevent such incidents.
• Underride Accidents
  Smaller vehicles can slide under a truck’s trailer, often resulting in severe injuries. Federal law mandates underride guards, and failure to meet these standards can result in liability.
• Tire Blowouts
  Tire blowouts often cause loss of control. Florida law requires regular inspections and maintenance, and failure to comply with these rules may result in fault.
• Rollover Accidents
  Overloading or improper cargo balance often leads to rollovers. Florida has weight regulations for trucks, and exceeding these limits can contribute to accidents.
• Rear-End Collisions
  Trucks require more stopping distance than smaller vehicles. Failing to maintain a safe following distance can lead to rear-end collisions, often resulting in serious injury.
• Blind Spot Accidents
  Trucks have large blind spots, or “no-zones,” and drivers must be cautious when changing lanes or turning. Failure to account for these areas increases the risk of accidents.

Each type of truck accident involves specific regulations and safety standards that must be followed, and violations of these can lead to liability for damages.

What Are the Most Common Causes of Truck Accidents?

This increase in accidents In Fort Myers is attributed to a combination of factors, including driver fatigue, distracted driving, and the growing number of trucks passing through the region. Overall, a driving error was the dominant critical reason, representing 92.3% of the
crashes for trucks for the ten-year period between 2007 and 2016 according to Large Truck Crash Analysis for Freight Mobility and Safety Enhancement in Florida. However, there are other common causes of large vehicles serious collisions:

• Driver Fatigue
  The pressure to meet delivery deadlines, the growing logistics network, can lead to fatigue. Fatigued drivers are slower to react, more prone to mistakes, and often unable to make quick decisions in heavy traffic.
• Distracted Driving
  With Fort Myers being a hub for both tourism and commerce, the increased traffic can be overwhelming for truck drivers, who might resort to using mobile devices, adjusting GPS, or engaging in other distractions. A momentary lapse in focus can result in serious accidents, especially when operating such large, heavy vehicles.
• Improperly Secured or Overloaded Cargo
  When truck drivers or their companies improperly secure cargo or overload their trucks, it can lead to catastrophic results. Unbalanced loads can shift suddenly, causing trucks to lose control, particularly during sudden stops or maneuvers in heavy traffic.
• Inexperienced or Inadequately Trained Drivers
  Inexperienced drivers are more likely to make errors, such as improper lane changes or failing to account for the braking distance needed for large trucks, putting others at risk.
• Mechanical Failures and Poor Maintenance
  Brake failures, tire blowouts, and other mechanical issues are common causes of accidents when vehicles aren’t regularly inspected. Vehicle defects for trucks were particularly significant for non-collisions (15.3%) and collisions with other non-fixed objects (16.9%) according to Large Truck Crash Analysis for Freight Mobility and Safety Enhancement in Florida.

What Are Common Truck Accident Injuries?

Truck accidents often result in serious, life-altering injuries due to the size and force of commercial vehicles. Some of the most common injuries include:

• Traumatic Brain Injuries (TBI) – Ranging from concussions to severe brain damage, TBIs often require long-term treatment and rehabilitation.
• Spinal Cord Injuries and Paralysis – These injuries can lead to partial or total paralysis, necessitating ongoing medical care and lifestyle adjustments.
• Broken Bones and Fractures – Common in truck crashes, broken bones often require surgery and lengthy recovery periods.
• Internal Injuries – Organ damage and internal bleeding are serious, hidden injuries that may require emergency medical attention.
• Severe Burns and Lacerations – Burns from fires or fuel spills and deep cuts from debris can cause permanent scarring and require extensive treatment.

These injuries, along with other damages such as lost wages and emotional suffering, may be compensated together, helping victims recover both physically and financially with the assistance of a skilled truck accident attorney.

What Compensation Can I Get If I’ve Been Hurt in a Fort Myers Truck Accident?

In Fort Myers, truck accident compensation is governed by Florida’s personal injury laws, which allow victims to seek damages for a range of losses. After an incident where a person has been injured due to the negligent actions of another person, you may be eligible for compensation according to the legal regulations:

1. Medical Expenses
   Under Florida law, you are entitled to recover compensation for past, present, and future medical expenses if you’ve been injured in a truck accident. This includes hospital bills, surgeries, physical therapy, medications, and any necessary long-term care. Florida operates under a no-fault insurance system, meaning your Personal Injury Protection (PIP) coverage will cover your immediate medical costs up to $10,000, regardless of who was at fault. However, if your injuries are severe, you can step outside the no-fault system and file a personal injury lawsuit to recover additional medical expenses.
2. Lost Wages and Loss of Earning Capacity
   Florida law allows you to recover compensation for lost wages if your injuries prevent you from working. While PIP insurance covers 60% of lost wages, any compensation beyond this, especially for long-term or permanent disabilities, would be pursued through a lawsuit.
3. Pain and Suffering
   Florida law allows victims to seek damages for non-economic losses, such as pain and suffering, emotional distress, and diminished quality of life. However, under Florida’s no-fault system, compensation for pain and suffering is only available if the injury is considered “serious” under the law, defined as permanent injury, significant disfigurement, or significant loss of bodily function.
4. Property Damage
   You can claim compensation for property damage under Florida’s property damage liability (PDL) insurance requirements, which all drivers must carry. However, if the damage exceeds the insurance limits or the trucking company is at fault, your attorney can help recover the additional costs through a claim against the trucking company’s commercial liability insurance.
5. Punitive Damages
   Under Florida Statutes 768.72, punitive damages may be awarded in cases of gross negligence or intentional misconduct by the truck driver or company.Florida law limits punitive damages to three times the compensatory damages or $500,000, whichever is greater. An attorney can help determine if your case meets the criteria for seeking punitive damages.
6. Compensatory Damages
   Compensatory damages include many things such as emotional distress, loss of income, medical expenses, pain, and suffering.

To seek compensation for losses and damages resulting from a truck collision, you must demonstrate that your injuries were caused by the negligence of another person or corporation. Our attorneys will gather strong evidence to build your case and fight for the highest possible compensation for your injuries. However, it’s important to be aware of certain legal limits and exceptions to compensation that are:

• Comparative Negligence Rule: Florida follows a comparative negligence system, meaning your compensation may be reduced if you are found partially at fault for the accident. For example, if you are deemed 20% at fault, your compensation will be reduced by 20%.
• Statute of Limitations: In Florida, you have four years from the date of the accident to file a personal injury lawsuit. If the accident resulted in wrongful death, the statute of limitations is two years.

We will fight for your rights and show that another person’s negligence caused your accidents by highlighting the injuries you may have suffered.

Impact of a Commercial Trucking Company on Your Case

When the other party is a commercial trucking company, the legal landscape changes significantly. Trucking companies are required to comply with both state and federal laws, including FMCSA regulations on driver qualifications, vehicle maintenance, and hours of service. If the company violated any of these laws, it could be held vicariously liable for the actions of the driver. Additionally, trucking companies often have teams of lawyers and adjusters to protect their interests, making it critical to have a seasoned attorney representing your case.
A commercial entity’s involvement often means higher stakes, with larger insurance policies and more complex legal processes. A skilled accident attorney will ensure that all parties, including the driver, the trucking company, and potentially even third parties like maintenance contractors or cargo loaders, are held accountable.

What should I do in the days following a truck accident?

In the days after a truck crash:

• Get a copy of the police report for your crash
• Get a valuation of the property damage from your insurance company
• Keep track of all doctor’s visits and treatment you receive, and keep a journal of any symptoms or pain you experience. Get copies of all test results, medication prescriptions, medicines, and any other relevant medical information
• Keep a detailed list of any out-of-pocket expenses you incur
• Record days of missed work or other activities/events
• Never accept a settlement offer from an insurance carrier unless you have consulted with a truck collision lawyer.

Stages of Truck Accident Lawsuits

If you have suffered a truck accident and want to hold the person responsible for it, you should file a claim against the driver or truck owner. You should contact our lawyer and explain to him all your situation from start to end. If you have any pieces of evidence, show him so that he can build a strong case for you. The lawyer decides if your case has merit to continue forward based on this information – your description of the truck accident, details on your medical visits and physical therapy regimen, and a study of police files.

Now comes the difficult work of putting together all of the details that will aid your argument. Our legal team starts working on your case by:

• A competent accident scene investigator will be dispatched to the truck accident scene.
• Examining all police records
• Consider all of your medical documents and appointments.
• Accident reconstruction,
• Meeting with adjusters from the insurance company
• We’ll walk you through the steps of describing a truck accident in a consistent and precise manner.
• Locating and evaluating video evidence from traffic cameras
• Additional eyewitnesses are being sought.
• Having discussions with the legal and insurance officials of the trucking firm
• Obtaining and examining copies of all documents and other evidence is a must.

Your truck accident lawyer will now create and send a personal injury demand letter to the insurance company of the individual or business who caused your injuries in the truck accident.

Most importantly, this letter documents a specific “demand” — the financial payment amount that the harmed parties will accept in order to restore justice. A demand letter informs trucking companies and insurance that they will only be released from culpability for this accident if they agree to the requirements laid out in the letter.

The truck owner or driver has your demands in front of them. They can look at the evidence and evaluate their case. If they are ready, they can offer you a settlement before the case reaches trial. However, In some cases, going to trial may be precisely where your truck crash case belongs. Your truck accident case should be filed here. If your demands go unfulfilled or the insurance company refuses to compromise, you’ll need a lawyer to sue them. The majority of cases will be solved before this stage or early in the trial process if the following steps are followed:

• The formal Complaint, which lays out the facts and allegations in your case, is filed with the proper courts.
• All parties exchange legal facts and questionnaires, request documents, and conduct depositions outside of the courtroom as part of the discovery process.

If all else fails to bring your truck accident personal injury lawsuit to a conclusion, a judge will make the final decision. Trials for truck accident claims tend to be fairly rare occurrences in the court, but our legal team is always ready to take the case to trial to get fair compensation. Our Fort Myers truck accident lawyers have helped many clients get compensation for the compensatory damages they deserve for their losses and injuries, and they are ready to help you do the same.

Steinger, Greene & Feiner’s Team of Truck Accident Lawyers

Our law firm specializes in truck accident cases. Our everyday dedicated work on increasing our clients’ settlement offers reflects our reputation for aggressively advocating our clients to insurance carriers. You may rest confident that your matter will be treated with the highest care. Our lawyers are always ready and willing to take the case to trial if the insurance company fails to take the proper course of action and make a fair offer. You will never be pressured to accept a limited settlement offer because our lawyers will always be at your back, looking for your more significant benefit. Our firm lawyers represent those who have been hurt due to another person’s or company’s negligence. We will get you the money you deserved for your losses; call us at (239) 747-7473 for further discussion.

Common Questions About Truck Accident