Truck accidents can have devastating consequences for everyone involved. While these collisions can happen in a variety of ways, one common cause is a truck driver failing to maintain a safe stopping distance. Being rear-ended by a truck can cause much more serious injuries than being rear-ended by a smaller vehicle. If you or someone close to you has been hurt in an accident because a trucker failed to maintain a safe stopping distance, we can help. At Lusk, Drasites & Tolisano, our experienced Fort Myers truck accident lawyers can diligently analyze the details of your situation and help you seek the compensation that you deserve.Holding a Trucker or Trucking Company Accountable for Inadequate Stopping Distance
Stopping distance refers to the distance traveled between the driver applying the brakes and the car actually stopping. Since trucks are considerably larger and heavier than other vehicles, they typically require a greater stopping distance than the average vehicle. Other factors, such as weather, speed, tire conditions, cargo on the truck, driver fatigue, and mechanical failure, can also affect a truck’s stopping distance.
Commercial drivers and their employers are required to inspect and maintain their trucks. This includes making sure the brakes and tires are working properly. Truck drivers are required to be vigilant when they drive and maintain a reasonable distance between their vehicles and any vehicles ahead of them.
If a truck driver has struck you, you may be able to file a negligence claim against that driver. Negligence is the failure to exercise reasonable care behind the wheel, or use the same precautions that a prudent person would have exercised in the same or similar circumstances. In order to establish a negligence claim, the plaintiff must demonstrate that the defendant owed the plaintiff a duty to exercise reasonable care. The defendant must have breached that duty, such as by following the plaintiff’s vehicle too closely. Also, the defendant’s breach must have been the direct cause of the accident, and the plaintiff must have suffered damages as a result.
Furthermore, you may be able to file a claim against the truck driver’s employer under the theory of vicarious liability, which holds an employer responsible for an employee’s negligence as long as the accident occurred while the truck driver was acting within the scope of his or her employment. For example, if the truck driver caused an accident while making a delivery for the employer, the company may be held accountable for the driver’s carelessness.
It may also be possible to take legal action against a manufacturer if it can be shown that your injuries were the result of a defectively manufactured brake. Such a claim would require showing that the brake was faulty and that it caused or contributed to your accident.Discuss Your Truck Accident Case with a Fort Myers Lawyer
If you or someone close to you has been hurt in an avoidable crash, you should seek the guidance of a skilled Fort Myers truck accident attorney at Lusk, Drasites & Tolisano. We have helped many Florida residents understand their legal rights and options. We understand the physical, emotional, and financial toll that a truck accident can take on a victim. While no amount of money can undo the harm you have suffered, compensation for your injuries can help ease the burden of costs that often arise after such a crash. Our motor vehicle collision attorneys also represent people in Naples, Port Charlotte, Lehigh Acres, and Sarasota, among other cities. Feel free to call us toll-free at (800) 283-7442 or contact us through our online form to set up a free consultation.