Unfortunately, big rig collisions 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. At Lusk, Drasites & Tolisano, our knowledgeable truck accident lawyers can advise people in the Fort Myers area who are coping with the aftermath of a devastating crash. We work diligently to investigate the facts of a case and pursue the compensation that victims and their families deserve.Holding a Truck Driver or Company Accountable for Inadequate Braking Inability
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 failure are still common.
If you have been involved in a big rig 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. In order to succeed in a negligence claim against a truck driver or the trucking company, the plaintiff would have to show the following elements:
- The defendant owed the victim a duty to exercise reasonable care;
- The defendant breached this duty with some careless conduct;
- The defendant’s breach was the direct cause of the accident; and
- The plaintiff suffered quantifiable damages as a result.
If the brakes encountered a problem because of a design or manufacturing defect, the truck or brake manufacturer can potentially be 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 accident and the resulting damages. These types of cases do not require demonstrating negligence on the part of the manufacturer.
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.Discuss Your Motor Vehicle Collision Case with a Fort Myers Lawyer
People who have been involved in a truck accident in Fort Myers or the surrounding cities should consult an injury attorney who is familiar with this area of the law. At Lusk, Drasites and Tolisano, we believe in holding negligent parties accountable for the harm that they cause. We also represent accident victims in Florida cities such as Naples, Port Charlotte, Lehigh Acres, and Sarasota. Call us toll-free at (800) 283-7442 or contact us through our online form to set up a free consultation.