Truck drivers must take appropriate precautions to reduce the risk of accidents on the road. Part of this includes properly securing cargo loads on all vehicles to prevent falling debris. If debris fell from a truck and struck your car, it is important to seek the help of the Fort Myers truck accident attorneys at Lusk, Drasites & Tolisano. Our team is well versed in this area of law and can put our knowledge to use in your case.
Pursuing a Negligence Claim Based on Falling Debris
The Federal Motor Carrier Safety Administration sets performance criteria for cargo securement measures. Trucking companies as well as drivers loading commercial motor vehicles must adhere to these criteria. Cargo on trucks must be able to withstand certain forces associated with acceleration and deceleration. These rules are in place to prevent accidents resulting from falling debris, which can roll off and hit a vehicle behind it, force a vehicle to brake or suddenly veer off the road to avoid the debris, release hazardous chemicals into the air, or cause a slippery or unsafe condition on the road.
If you have been harmed by falling debris, you can potentially seek damages from the party that failed to secure the cargo properly. In practical terms, this will typically be the truck driver, the trucking company that employed the driver, or both. The claim you will file will be rooted in the theory of negligence, which in this situation is a failure to exercise reasonable care while driving. Reasonable care is the obligation to act as a prudent person would act in the same or similar circumstances. A plaintiff must show that the defendant did not follow the appropriate standard of care and that the defendant’s breach was the direct cause of the plaintiff’s harm. Quantifiable damages also must have arisen from the crash.
If you establish negligence, you probably will be able to recover compensation for your harm, possibly including medical expenses, pain and suffering, lost wages, lost benefits, property damage, and more. The exact amount of compensation will vary depending on the details of the case. The damages can be obtained in a lump sum or through installments over time.
It is important to note that you have a limited amount of time to file your accident claim in Florida. Under state law, you have four years from the date of the accident to file a personal injury lawsuit. Failing to file within this time could mean losing your right to compensation.
If you have lost a loved one in a truck accident, you may be able to seek damages through a wrongful death claim. These cases are time-sensitive and complicated, which is why it is crucial to act quickly if you are contemplating such a claim. Wrongful death damages may include medical bills prior to the decedent’s death, funeral costs, loss of companionship, and more.
Discuss Your Truck Accident Case with a Fort Myers Attorney
If you or a loved one has been harmed in a crash caused by falling debris, it is important to consult a motor vehicle collision attorney to explore your options. At Lusk, Drasites & Tolisano, our Fort Myers truck accident lawyers can work diligently to pursue the compensation you deserve in your case. We can investigate the facts of your accident and help you put together a claim. We also represent individuals in Naples, Port Charlotte, Lehigh Acres, and Sarasota. To learn more, call us toll-free at (800) 283-7442 or contact us through our online form to set up a free consultation.