Big rigs sometimes collide with other vehicles on the road if their drivers fail to check their blind spots. Unfortunately, these types of wrecks are common in Florida and throughout the United States. At Lusk, Drasites & Tolisano, our truck accident lawyers can guide residents of Fort Myers and the surrounding cities through the process of seeking compensation from a careless driver. We work diligently to assert the rights of victims during settlement negotiations and in the courtroom if needed.Holding a Negligent Driver or Company Accountable for Your Injuries
Due to a truck’s size, its blind spot is significantly larger than the blind spots of other vehicles on the road. A blind spot refers to an area that a driver cannot see through a vehicle’s rear view mirrors or side mirrors. As a result, they can be particularly dangerous.
Truck drivers must be properly trained and reasonably careful when driving their big rigs. This includes being vigilant about blind spots. If a truck driver fails to check a blind spot before switching lanes or making a turn, that individual might be held liable under the theory of negligence. A negligence claim usually arises when someone causes a crash because he or she did not exercise reasonable care behind the wheel. A plaintiff bringing this type of lawsuit must demonstrate the following elements:
- The defendant had a duty to exercise reasonable care;
- The defendant did something that breached this duty of care;
- The breach was the direct cause of the accident in which the victim was hurt; and
- Actual damages were incurred.
All of these elements must be shown by a preponderance of the evidence, which means that they are more likely than not to be true.
It is important to note that a truck driver’s employer may also be vicariously liable for the victim’s injuries. This will be the case if the truck driver’s actions are found to have been within the scope and course of employment. These cases are extremely fact-intensive, which is why it is critical to speak to an attorney right away after an accident to determine which defendants may be held liable.
A victim of a truck crash often will be able to recover both economic and non-economic damages, ranging from medical expenses and lost income to property damage and pain and suffering. In some cases, the compensation will come through a settlement, while in other cases it will come through an award at trial. The money can come in one lump sum, or it can be issued in installments over time.Discuss Your Motor Vehicle Collision Case with a Fort Myers Lawyer
At Lusk, Drasites and Tolisano, our car crash attorneys represent people from the Fort Myers area and elsewhere who have been hurt by careless drivers. We know that injuries in a truck accident can be devastating, and you can expect the utmost compassion from our entire team. We can guide you through each step of the legal journey so that you can focus on healing. Lusk, Drasites & Tolisano also assists injured individuals in cities such as Naples, Port Charlotte, Lehigh Acres, and Sarasota. To set up a free consultation, you can contact us through our online form or call us toll-free at (800) 283-7442.