Fort Myers Commercial Vehicle Accident Lawyer

Commercial Vehicle Accident Attorney in Fort Myers, FL

It is easy to feel powerless after a commercial vehicle accident. Against insurance companies and commercial trucking companies, it can be difficult to get the compensation you deserve. A Fort Myers commercial vehicle accident lawyer can guide you through this process and advocate for the compensation you need for your recovery. 

Why Work With The Caldarone Law Group, P.A.?

The Caldarone Law Group, P.A., has over 10 years of experience with serious accidents, including commercial vehicle accident cases. These claims are legally complex, often requiring claims through your own insurance and the at-fault driver. With serious damages and complex liability, The Caldarone Law Group, P.A.’s knowledge of commercial vehicle accident laws is invaluable.  

Commercial Vehicles in Fort Myers

Commercial vehicles serve the Florida community by transporting everything from agricultural products to consumer goods. Trucks move about 72.7% of all freight in the U.S., emphasizing the need for safe and efficient commercial vehicle use. 

Unfortunately, commercial vehicles can lead to catastrophic accidents due to their size and force. In 2023, almost 5,500 people were killed in accidents with large trucks. Fort Myers drivers face an increased risk on I-75 and McGregor Boulevard, common routes for truck drivers. 

Determining Liability in a Commercial Vehicle Accident Case

Florida is a no-fault state for car accidents. This means that claims are filed through your own insurance rather than filed against the at-fault party. However, there are exceptions to this. If you suffered significant damages or serious bodily injury, commercial vehicle accident laws may allow you to file a claim against the at-fault party directly. 

A Fort Myers commercial vehicle accident attorney can determine who is liable in a claim, which may be:

• The driver. The commercial vehicle driver is the most common at-fault party, as their direct actions can easily lead to an accident. Poor driving maneuvers, speeding, or distracted driving are all instances where a driver may be held liable. 
• The trucking company. The company the driver is working for may be liable if their negligence led to an accident. Common examples of trucking company negligence could include poor training, failing to keep up with vehicle maintenance, or overlooking important facts, such as a history of DUIs. 
• Cargo companies. The company that loaded cargo onto the truck may be liable if it was improperly loaded, causing weight shifts while driving. Overloading cargo is another contributing factor to an accident, with 65% of truck accidents involving a vehicle of over 33,000 pounds. 
• The vehicle manufacturer. Whether it is a faulty braking system or a tire defect, a defective vehicle can easily cause an accident. If the manufacturer’s issues caused an accident, the company may be liable for your damages.  

Damages in a Commercial Vehicle Crash

Accurately evaluating your damages is essential when filing a claim. A lawyer can compile a comprehensive list of your damages and illustrate their severity to negotiate for an increased settlement. 

Compensation can include:

• Economic damages. Economic damages include the quantifiable financial losses caused by an accident. This can involve the cost of medical treatment for your injuries, lost wages, or the cost of repairing or replacing damaged property. 
• Non-economic damages. These damages can include physical pain, emotional distress, and lowered quality of life. Non-economic damages may not be available if you are filing a no-fault insurance claim, but your lawyer can pursue compensation for these damages in a claim against the at-fault party. 
• Punitive Damages. Punitive damages are awarded to you to punish the at-fault party. These damages are included in the compensation if the at-fault party was knowingly or extremely reckless or negligent, such as if the truck driver was driving while under the influence of alcohol or other drugs.

Why You Should Hire a Commercial Vehicle Accident Lawyer

A commercial vehicle accident is one of the most challenging things to recover from. While you focus on your recovery, a Fort Myers commercial vehicle accident lawyer can build a strong claim that addresses who is liable for an accident and what damages you have faced. Their guidance throughout this process can alleviate your stress while securing you the compensation you need for your recovery. 

FAQ

What Vehicles Count as a Commercial Vehicle in Florida?

According to Florida Law, a commercial motor vehicle is a vehicle used for profit and corporate sponsorship and is 26,001 pounds or more. Generally, all large vehicles used to transport goods or perform a service for profit are classified as commercial vehicles. Regardless of what type of vehicle was involved in an accident, contacting a lawyer can help you file a claim and receive compensation. 

Do You Need a Lawyer to File a No-Fault Insurance Claim After a Commercial Vehicle Accident?

Yes, even if you are not filing a claim directly against the at-fault party, a lawyer can help you file a no-fault insurance claim. Even when filing through your own insurance provider, insurance companies often try to limit payouts by dismissing your damages or denying claims. A lawyer can advocate for you against insurance companies to bring you a fair and comprehensive award. 

Can Multiple Parties Share Fault for a Commercial Vehicle Accident?

Yes, multiple parties can share fault for a commercial vehicle accident. Florida follows a modified comparative negligence system for car accidents, including with commercial vehicles, that assigns a percentage of fault to each party involved in an accident. Fault may be shared with a third party or between the two drivers. According to this system, you can file a claim if you are less than 50% at fault.

What Should You Do After a Commercial Vehicle Accident?

After a commercial vehicle accident, ensuring your personal safety should be your priority. Move to a safe location, call the police, and seek medical attention. Then, collect the contact information of the other driver and any witnesses. If you are able, taking photos of vehicle damage, the scene, and any visible injuries can be valuable evidence in a claim. Then, hire a commercial vehicle accident lawyer to guide you during your next steps. 

Reach Out to a Fort Myers Commercial Vehicle Accident Attorney

Contact The Caldarone Law Group, P.A., to learn how an experienced lawyer can help you move forward after a commercial vehicle accident case.