Commercial trucks are substantially bigger and higher than other vehicles on the road, and they typically travel at high rates of speed. Unfortunately, this means there may be instances in which a truck driver is unable to stop in time to avoid a collision, which can result in an override accident. Override accidents often cause catastrophic harm, and in many instances, are fatal. The knowledgeable Cape Coral truck accident lawyers of Lusk, Drasites & Tolisano, P.A. are adept at proving liability in cases arising out of collisions, and if you or a loved one suffered injuries in an override accident, we can help you to seek any damages you may be owed. We regularly represent people in truck accident lawsuits in Cape Coral and other cities throughout Florida.Situations that Lead to Override Accidents
Override accidents are collisions that involve a commercial truck colliding into the back of a vehicle, where the front of the truck goes over the vehicle, essentially running it over. In many cases, the top of the vehicle will be torn off during the accident. Many factors can contribute to causing an override collision. For example, inclement weather, fatigued driving, speeding, and tailgating can all make an override crash more likely to occur. Override accidents can also happen due to issues with the truck itself, like faulty brakes, an overly heavy load, or broken headlights.Proving Liability for an Override Accident
Regardless of the exact circumstances that led to an override accident, the underlying cause is usually careless behavior, and therefore, a person seeking damages in a lawsuit arising out of a truck collision will assert a negligence claim against the driver of the truck.
In Florida, to prove negligence, a plaintiff must show that the defendant owed the plaintiff a duty, the duty was breached, and the breach caused the plaintiff to suffer actual harm. Generally, the duty owed is the duty to act as a reasonable person would in a similar situation. In cases involving truck accidents, however, other duties may be imposed as well, such as the obligation to comply with the Federal Motor Carrier Safety Administration Regulations (the Regulations) or Florida laws regarding the operation of motor vehicles. For example, the Regulations impose maximum limits for the amount of time a driver can operate a truck per day and per week. If a driver violates the Regulations and causes an accident due to fatigue, it may be considered negligence.
If the driver was employed by a trucking company at the time of the collision, it might be held vicariously liable for the driver’s acts as well. In order to prove a trucking company should be held accountable for a driver’s behavior, a plaintiff must show that driver was an employee of the company and was acting within the scope of his or her employment at the time of the crash. A trucking company may also be deemed directly liable as well if the plaintiff can establish that it knew or should have known that the driver posed a risk of harm to other people but allowed him to operate a truck regardless. Trucking companies may also be found to be negligent for failing to properly maintain their vehicles if a truck defect led to or contributed to the crash.Speak to an Experienced Attorney in Cape Coral
Override accidents are among the most devastating types of collisions, but in most cases, they are avoidable and only occur because of negligence. If you have sustained injuries or a loved one has died in an override collision, you have the right to pursue damages, and you should consult a lawyer as soon as possible. The experienced attorneys of Lusk, Drasites & Tolisano, P.A. dedicate their practice to helping people injured by the negligence of others fight for a just result, and if you hire us, we will zealously pursue any compensation you may be owed. We have offices in Cape Coral and Fort Myers and Naples, where we regularly represent people hurt in truck crashes. You can contact us at 800-283-7442 or via our form online to set up a conference.