Justia Lawyer Rating
Greater Fort Myers Chamber of Commerce
American Association for Justice
Bonita Springs Area Chamber of Commerce
Avvo
Southwest Florida Hispanic Chamber of Commerce
The Best of Cape Coral 2020

Braking Ability

Trucks

Unfortunately, tractor-trailer accidents can cause devastating harm to individuals in smaller vehicles. Victims of truck accidents often suffer life-altering injuries that interfere with even the most basic day-to-day activities. In some tragic situations, they may even lose their lives.

Our truck accident lawyers can advise people who are coping with the aftermath of a devastating truck crash. Our accident lawyers work diligently to investigate the facts of a case and pursue the compensation that victims and their families deserve.

How Faulty Braking Systems Cause Truck Accidents

According to the Federal Motor Carrier Safety Administration, brake problems are a contributing factor in a significant percentage of truck accidents. These issues include brakes that are out of adjustment, poor air pressure, overheated brakes, condensation, and worn-out brake components.

If a truck's brakes are faulty, the results can be catastrophic. This is because trucks have more momentum than smaller vehicles due to their weight and require much more stopping distance than an average car. Although laws and regulations mandate that truck brakes be inspected and maintained regularly, faulty brakes and even brake failures are still common.

Proving Negligence

If you have been involved in a tractor-trailer accident, you may be able to recover compensation through a negligence claim. Truck drivers and their employers have an obligation to use reasonable care and to refrain from engaging in practices that would cause a foreseeable risk of harm to others on the road.

To prove a negligence claim against a truck driver or trucking company, we would have to show:

  • Defendant owed the victim a duty to exercise reasonable care
  • Defendant breached this duty with some careless conduct
  • Defendant's breach was the direct cause of the accident
  • Plaintiff suffered quantifiable damages as a result
Proving Product Liability

If the brakes encountered a problem because of a design or manufacturing defect, the truck or brake manufacturer can potentially be held liable for the harm as well under a product liability theory. Product liability cases simply require the plaintiff to show that a design or manufacturing defect existed when the brakes left the manufacturer's control and that the defect was the direct cause of the truck accident and the resulting damages. These types of cases do not require demonstrating negligence on the part of the manufacturer.

Filing a Wrongful Death Claim

If you have lost a loved one in a fatal truck accident, you may be able to recover damages through a wrongful death claim. These actions tend to be complex both in terms of who can bring them and the time that potential plaintiffs have to file them. Thus, it is important to seek the help of an attorney if you are considering pursuing a wrongful death claim.

Our Legal Team

People who have been involved in a truck accident should consult a Florida truck accident attorney familiar with this area of the law. At Lusk, Drasites, & Tolisano, we believe in holding negligent parties accountable for the harm that they cause. We represent accident victims near Cape Coral, Fort Myers, and Naples. Call us toll free at (800) 283-7442.

Client Reviews
★★★★★
“We were stressed out enough after the accident that cut our vacation short. I did not want to deal with insurance and doctor bills. LD&T took care of everything. We were able to focus on just getting better. THANK YOU!” - Kim K.
★★★★★
"Lusk, Drasites and Tolisano have been so helpful with one of the hardest times of my life after a car accident. Mark Drasites and his assistant Rebecca have kept me informed the entire way and put me at ease. They truly care for their clients and put your best interest first. They have helped me to get the best ending result possible and I would highly recommend them to anyone looking for someone to represent them." - Jennifer H.
★★★★★
"I will highly recommend this firm to anyone. I went to Bruce l Schiner and to morgan and morgan, both of them turned me away, and would not take my case. I got Mark Drasites card from my doctor and not only did they take my case, I got $20,000 when my case was done. Mr. Mark and Rebecca took very good care of me and were always on top of everything. I would use this firm again if anything happens and I will recommend them to everyone I know." - TL K
★★★★★
"Best law firm in town! Attentive and professional staff always there to answer any questions or concerns." - Limenita C.
★★★★★
"Very professional staff. They treat you like family." - Karen R.