Truck Accident Lawyers in Cape Coral, FL
The most devastating types of automobile accidents usually involve trucks. Truck accidents usually result in catastrophic and more serious injuries or deaths than other types of vehicles due to their size, volume, and weight.
For example, a regular empty tractor-trailer weighs 35,000 pounds, while a regular passenger vehicle weighs around 4,094 pounds. This, coupled with the speed of an impact, significantly raises the chances of severe injuries or fatalities ensuing in the aftermath of the collision.
If you have lost a loved one or sustained injuries in a truck accident in Cape Coral, FL, you may have the legal grounds to pursue a personal injury claim. At Amanda Demanada Injury Lawyers, our dedicated Cape Coral truck accident attorneys can guide you through the legal proceedings, identify the liable parties, and seek fair compensation for your injuries and other damages.
Since we work on a contingency fee basis, you don’t have to pay anything unless we win. Contact our law office in Cape Coral for a free consultation and learn more about your legal rights and options. Here is what you should know about truck accidents, laws, and how our firm can help.
Establishing Liability in Truck Accidents
Among the most challenging aspects of any truck accident claim is establishing liability. This is because sometimes there may be more than one party liable for the accident. It’s easy to assume that the truck driver is the one immediately liable. However, there are instances where the truck company or other third parties are liable and can be held accountable. Here is what you should know:
Truck Driver Negligence
Truck drivers can be held liable for a truck accident claim if they violate traffic laws and are negligent while operating their vehicles. If a truck driver was distracted, under the influence of drugs or alcohol, or ignored industry regulations related to safety or hours of working, they can be held liable for the accident.
Truck Company Negligence
Truck companies operate under strict safety rules and regulations established by various governing bodies, such as the Federal Motor Carrier Safety Administration (FMCSA), which stipulates and enforces federal laws regarding commercial truck vehicles.
Truck companies can be held liable for truck accidents if they break these safety rules and regulations. For example, a truck company must train new truck drivers and conduct proper research into their history and qualifications before hiring them.
Additionally, truck companies must schedule regular maintenance for their fleets to ensure they are in proper working conditions. If the truck company fails in any of these regards, they can be held accountable in the event of a truck accident.
Manufacturer Negligence
Trucks carry various crucial components that ensure safety and proper vehicle operation. Suppose a manufacturer provided a defective component to a truck. In that case, they can be held liable if, under an investigative process, it is deemed that the defective component played a role in the crash.
Third-party or Government Agencies
Among the most complex truck accident cases involve third parties or government agencies that failed to maintain the roads safe or free from hazards. In other instances, another driver may have engaged in reckless actions that forced the truck driver to take defensive maneuvers but unfortunately collided with another vehicle while doing so.
In such cases, the most complicated part of the investigative process is to determine exactly who is at-fault or what percentage of fault to allocate to them.
Truck Accident: Laws and Regulations To Keep in Mind
If you have been involved in a truck accident, there are several laws and regulations to keep in mind before pursuing a claim. First, if you have personal injury protection (PIP) coverage, you should use it to prioritize your health.
You can access your PIP coverage without proving who is at fault for the accident since Florida is a no-fault state. However, you must do so within 14 days. Otherwise, you can be denied coverage.
Second, you must initiate your personal injury claim as soon as possible since Florida has a shorter statute of limitations on personal injuries than most states, which is two years from the date of the accident.
Failure to file a claim within this specified legal timeframe can prevent you from suing the other party. If you have lost a loved one in a truck accident, you also must file a claim within two years from the date of death to have a valid claim.
The only way to extend this legal timeframe is if some special circumstances apply to your case. For example, you were mentally incapacitated, or the at-fault party fled the state or went into hiding.
Lastly, if you encounter legal challenges while pursuing your claim, your case will act under Florida’s pure comparative fault system. In this system, both you and the truck driver will be assigned a percentage of fault for the accident based on the available evidence and the strength of your legal representation to highlight certain aspects related to negligence.
If you are assigned a percentage of fault, the total amount of awarded damages you receive in your truck accident claim will be reduced based on the assigned percentage. For example, if you are assigned 20% fault and your total awarded damages is $100.000, then you will only receive $80,000. Lastly, if you are deemed to be more than 50% at fault for the accident, you will not be able to pursue compensation.
Work With a Dedicated Truck Accident Attorney
Truck companies and their insurance companies will use all their resources to protect their truck drivers in the event of a truck accident. However, this doesn’t mean that they will escape justice. Our Cape Coral truck injury lawyers are more than capable of taking on any truck company or driver and holding them liable for their negligence if the circumstances of your case allow it.
At Amanda Demanda Injury Lawyers, our truck accident lawyers have represented many clients in various types of truck accident cases. Our track record of success speaks for itself. Let our dedicated lawyers help you pursue justice and fair compensation for the injuries and other losses you have suffered.
We can help you gather evidence, establish liability, negotiate on your behalf with insurance companies, and seek compensation for the damages you have suffered. Contact our law firm today for a free consultation and find out if you have a strong case on your hands. Let us pursue justice together.
Abogados para Latinos - At Amanda Demanda Injury Lawyers, we understand the importance of having legal representation that speaks your language and understands your culture. That’s why we have a dedicated team of native Spanish-speaking attorneys and staff who are ready to assist you. We are proud to serve Miami's vibrant Hispanic community, offering compassionate and culturally sensitive legal services in both English and Spanish. Whether you're more comfortable speaking Spanish or simply want a Spanish-fluent lawyer who understands the unique challenges faced by Latinos, our team is here to provide you with the support and expertise you need to navigate the legal system with confidence.
