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Cape Coral Truck Accident Attorneys

Representing Truck Accident Victims in Fort Myers and Naples

Any vehicular accident is dangerous, but truck accidents are especially serious. Commercial trucks, particularly 18-wheelers, can cause catastrophic harm when they collide with much smaller vehicles. Too often, these accidents are caused by the truck driver’s failure to comply with safety regulations regarding maximum drive times, truck weight limits, and pre-trip and post-trip inspections. Truck accidents can also be caused by reckless driving and other factors. In some instances, parties other than the driver may be liable for a victim’s injuries.

Our team at Lusk, Drasites & Tolisano helps Floridians injured in truck accidents recover compensation from all responsible parties. Our Cape Coral truck accident lawyers have been locally handling these personal injury claims for over 40 years, and our clients trust us to provide the skilled representation and compassionate support they need to move forward. If you were recently injured in a truck accident, we recognize that you are likely going through an unimaginably challenging and painful time. We can offer you the dedicated support you need to get justice. Our firm also handles truck accident cases on a contingency basis, so you will owe no legal fees unless we win.

Call (239) 908-4930 or contact us online to schedule a free initial consultation if you were recently involved in a truck accident. Se habla español.

Who Is Liable for a Truck Accident in Florida?

In any vehicular collision, a driver who behaves recklessly or violates traffic rules is likely liable for any injuries they cause. For example, if a driver’s excessive speeding leads to a crash, they are likely responsible for the accident and the victim’s injuries. Truck accidents can also be caused by straightforward negligence, but these situations are often more complicated due to the additional factors that can cause a crash and the laws that specifically apply to the trucking industry. Liability can consequently be a bit more difficult to determine, as multiple parties – including someone other than the driver – may be responsible for an accident.

Depending on the circumstances, one or more of the following parties could be liable for a Florida truck accident:

  • The truck driver. The driver may be responsible for an accident if they failed to follow traffic laws or otherwise behaved irresponsibly. Truck drivers cannot exceed maximum driving times without taking rest breaks. Too many truck drivers ignore these rules and end up driving while fatigued, increasing the likelihood of a crash. 
  • The truck driver’s employer. A trucking company may be liable if they failed to properly screen or train their employees. They can also be held responsible for an accident if it can be proven that they incentivized or threatened the truck driver to break maximum driving time rules. 
  • The truck’s maintenance team. When an accident is caused by a maintenance issue, the team responsible for inspecting the truck could be liable if they neglected to catch a problem that another maintenance professional likely would have noticed.
  • The cargo loader. Some truck accidents are triggered by improperly loaded cargo that causes balance and handling issues. In these scenarios, the team responsible for loading and securing the truck’s cargo could be liable for any resulting injuries.
  • The manufacturer of a defective truck component. Should an accident result from a defective part, the manufacturer of that part may be liable for the crash.

If you are not sure who is liable, our Cape Coral truck accident attorneys can provide knowledgeable guidance. We will investigate what happened, identify the liable party or parties, and help you understand your recovery options.

What Compensation Can I Recover in a Florida Truck Accident Lawsuit?

Truck accident victims can recover economic and non-economic damages from liable parties through a personal injury lawsuit. To get this recovery, you must start the legal process before the statute of limitations expires. In Florida, you have four years from the date of the truck accident to file a claim. Should a truck accident result in fatal injuries, survivors of the deceased have two years from the date of the victim’s passing to file a wrongful death lawsuit. 

Our Cape Coral truck accident lawyers will fight to get you compensation for all applicable damages, including:

  • Past, current, and future medical expenses
  • Lost wages
  • Reduced earning capacity
  • Property damage
  • Pain and suffering
  • Emotional distress
  • Loss of consortium
  • Loss of enjoyment of life

Quickly getting you the money that you need to cover out-of-pocket expenses is important to us. That is why we often seek to negotiate a pre-trial settlement with the defendant. We may be able to secure a fair resolution that covers all of your losses without a costly, drawn-out court battle. If a trial cannot be avoided, our litigators are more than ready to advocate for you in and out of the courtroom. 

You can trust Lusk, Drasites & Tolisano to protect your interests. Call (239) 908-4930 or contact us online to discuss your situation with our team.

Awards & Associations

  • Greater Fort Myers Chamber of Commerce
  • American Association for Justice
  • Bonita Springs Area Chamber of Commerce
  • Avvo
  • Southwest Florida Hispanic Chamber of Commerce
  • The Best of Cape Coral 2020
  • The National Top 100 Trial Lawyers
  • BBB Accredited Business
  • SWFL Inc.
What Sets Us Apart
  • No Fees Until We Win
    We offer Free Consultations, and work on Contingency Fees for Personal Injury cases. This means we ask for nothing from you until your injury case is concluded.
  • Prioritizing Your Experience

    As a member of our community, we want to put your needs first, far ahead of the bottom line. We treat our clients like people, and never just like cases. 

  • In Practice Since 1982
    We at Lusk, Drasites & Tolisano have been in practice for 40 years, which means you can count on our skill, experience, and community value to help you through your case.

Client Testimonials

  • "Answering all my questions and making me feel very important."
    Shannon D.
  • "Highly recommend."
    Rebecca M.
  • "There isn't enough stars for me to give."
    Lynn E.

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