The roads of Florida are filled with commercial vehicles of all types and sizes. While necessary for the state’s economy, the dangers associated with trucks and their drivers can be the cause of catastrophic injuries for others on the highway. The motor vehicle collision attorneys at Lusk, Drasites & Tolisano know that if you have been in a tractor-trailer accident near Fort Myers, you have likely suffered serious harm and property damage. Our experienced lawyers serve victims in communities throughout Lee County, including Cape Coral and Lehigh Acres. If you or someone you love has been injured as the result of a truck crash, we will help you investigate your claim and begin the process of pursuing compensation.Hold Big Rig Drivers and Companies Accountable for Negligence
In any case involving a big rig crash, a victim must show that the driver had a duty to operate the truck in a safe and reasonable manner on the roadway. It is then necessary to show that the driver breached that duty and as a result caused injuries to another person. Since commercial vehicles are substantially larger than the majority of cars on the road, the failure to operate them in a safe manner can have disastrous consequences. Furthermore, many truckers have been found to drive their big rigs in a state of low sleep, which causes inattention behind the wheel.
Whatever the cause of a truck accident, it is important to assert claims against all responsible parties to seek the damages you need for medical bills and lost work. In many cases, the driver of a truck is merely an employee of another person or business. Under these circumstances, it may be possible to use a legal theory known as vicarious liability to pursue compensation from the company that employed the negligent trucker. Vicarious liability simply means that an employer may be held liable for the acts of its workers during the course and scope of their employment.
In addition, during the course of investigating the crash it may also be discovered that an employer was negligent in hiring a particular driver. This can give rise to direct liability for the trucking company, as can a finding that it failed to properly supervise or train the trucker. In contrast to establishing vicarious liability, a victim would need to ground this type of claim on showing that the employer rather than the employee was negligent.
One crucial consideration when bringing a claim related to a truck accident is the deadline for filing your case. Under Florida laws, you must bring any legal action within four years from the date of your harm. This is known as a statute of limitations, and it can act as a bar to any and all recovery if you do not comply with the applicable deadlines. Four years may seem like an adequate amount of time. However, if you are dealing with lasting injuries and insurance issues, it is never too soon to begin the legal process.Consult a Skilled Naples Attorney for Your Truck Accident Claim
If you or someone you know has been injured on a highway near Naples or the surrounding area, it is advisable to obtain qualified legal counsel. The truck accident lawyers at Lusk, Drasites & Tolisano will work efficiently and effectively to assert your claims for the compensation you deserve. We represent individuals throughout Southwest Florida, including Port Charlotte, Sarasota, and Collier County. For a free initial consultation with one of our attorneys, call toll-free (800) 283-7442 or contact us online today.