Naples Truck Accident Lawyer

Top Rated Truck Accident Attorney in Naples, FL

Finding yourself in the aftermath of a commercial truck accident can be terrifying. Because they are so much heavier and larger than most passenger vehicles, trucks along U.S. 41, Goodlette-Frank Road, or Golden Gate Parkway can cause devastating injuries, property damage, and even death. If you have been involved in an accident with a commercial truck, you need to hire a Naples truck accident lawyer who can help you recover compensation.

The Caldarone Law Group, P.A.: Defending You After Injury

For over a decade now, the team at The Caldarone Law Group, P.A., has been advocating for the rights of those injured in a wide variety of accidents, including those involving commercial trucks or delivery vehicles. Led by a former in-house insurance attorney, our firm understands the nuances that go into finding the evidence necessary to prove fault in a personal injury claim. With a long-standing history of positive results, our team is now here to serve you.

Common Causes of Truck Accidents in Naples

Commercial trucks are vital to our state and national economy. Nearly 70% of all American freight, like food products, gasoline, and machinery, is transported using these large vehicles. However, accidents involving these trucks can be catastrophic. When determining the amount of compensation you may be entitled to, your truck accident attorney can review the case in order to determine its exact cause. This may be especially important in a Commercial Vehicle Accident, Motorcycle Accident, Pedestrian Accident, Rideshare Accident, or Catastrophic Injury claim. Common causes include:

• Distracted driving. This includes any behavior that takes your eyes off the road and your hands off the wheel, such as texting and driving or eating and drinking while driving.
• Drunk driving. Also known as driving under the influence of alcohol, drunk driving can impact a driver’s speed and reaction time.
• Improperly or over-loaded cargo. This issue accounts for around 65% of all fatal traffic accidents in the country.
• Poorly maintained roads. Poorly maintained roads or roads that have not been properly designed can cause truck accidents.
• Failure of truck equipment or components. If truck parts fail because they are defective or have not been properly inspected and repaired, it can contribute to accident risk.

Your attorney can review your case, determine its cause, and then name the liable parties. Knowing the cause of your accident is one of the first steps in recovering the compensation you’re due, whether you were involved in an Elderly Driver Car Accident or Leaving the Scene of an Accident case.

Who Can Be Held Liable for a Truck Accident?

In Naples, truck accidents differ from any other kind of collision due to the fact that several different parties may be involved and share a portion of liability. At The Caldarone Law Group, P.A., we can review the details of your case and help you determine who is to be held accountable. Liability may also need to be evaluated in cases involving Premises Liability, Negligent Security, Swimming Pool Injury, or Product Liability. Defendants in a truck accident claim may include the following parties:

• Truck drivers: Typically, the most common party held liable for a truck accident is the driver of the truck themselves. These individuals are kept to strict schedules to meet certain deadlines, and it is not uncommon for them to operate their vehicles while fatigued. Exhausted driving accounts for nearly 30%-40% of all commercial trucking accidents.
• Truck owners: When a truck owner fails to regularly inspect their truck and properly maintain the vehicle, they could be held liable for an accident, depending on what caused it to take place.
• Trucking companies: A trucking company may be held liable if they have been hiring unqualified or underqualified individuals and not properly training them. They may also be held responsible for any negligent actions of their drivers and other employees.
• Contractors or government bodies: If poorly maintained roads or inadequate traffic signs and signals caused the accident, the local governing body in charge of these things could be held liable for your accident.
• Shipping or cargo companies: If the accident was caused by improperly secured or loaded cargo, the shipping company in charge of this task may be held liable for damages.
• Truck manufacturers: The manufacturers of certain truck parts, like the vehicle’s steering system, brakes, or tires, can be held liable if they are found to have designed, created, and distributed defective truck components.

Determining liability in a truck accident can prove difficult, which is why it is so important that you hire a truck accident lawyer who can review your case, evaluate the evidence involved, and pursue the compensation you deserve for the damages you’ve sustained. In some situations, Workers’ Compensation benefits may also be relevant.

The Evidence That Decides a Truck Accident Case, and How Fast It Disappears

Collecting evidence to help prove your truck accident claim can be challenging because it often includes things not found in car accident cases, such as:

• The electronic control modules or black boxes. The black box records speed, braking, throttle, and engine hours before the crash.
• Driver hours of service records. Hours of service records show how long the truck driver had been operating their vehicle prior to the crash. If they had been driving for more than the 11 hours allowed by the FMCSA, you can use that as evidence of negligence. 
• The carrier’s maintenance and service records. Carriers only need to retain maintenance and service records for one year, so it’s important that your lawyer requests this information quickly.
• Driver qualification file. The trucking company should have a driver qualification file that shows the truck driver who caused your crash held a CDL, was medically fit, and was properly vetted to drive a commercial 18-wheeler.
• Dispatch records. Dispatch records from the trucking company can show things like trip assignments and delivery deadlines. If the company set unrealistic deadlines that pushed drivers to ignore the FMCSA hours of service regulations, they may be held directly liable for any crash that occurred as a result. Companies are only required to retain dispatch records for six months.
• Dashcam footage. The truck or another nearby vehicle may have been outfitted with a dashcam, in which case, your lawyer can obtain the footage.

This material is owned and controlled by the trucking company and its insurer, and some of it needs to be retained only for a limited period. Your attorney can request the information via a spoliation letter. A spoliation letter puts a carrier on notice to preserve specific evidence and establishes consequences for failing to do so, but it can only be used if you open a case and send the letter before they destroy the evidence.

FAQs

What Damages Can I Recover in a Truck Accident Claim?

There are several damages you can recover in a truck accident claim in Naples, depending on factors like the severity of your injuries, the extent of property damage, and the cause of the accident. Damages can include lost wages or employment benefits, medical expenses, pain and suffering, mental and emotional distress, loss of the enjoyment of life, loss of consortium, punitive damages, and wrongful death damages. Similar damages may be available in cases involving Medical Malpractice or Medication Error.

How Long Do I Have to File a Truck Accident Claim in Florida?

In Florida, you have two years to file your truck accident claim from the date on which the accident took place. This is known as a statute of limitations, and if you miss this necessary deadline, you may also miss out on recovering compensation. There are, however, certain exceptions to this rule. For example, the deadline might be extended if the victim is a minor.

How Can a Truck Injury Lawyer Help Me?

A truck injury lawyer can help you in many ways. When you hire a skilled personal injury lawyer to assist you in a truck accident case, they can take several steps to investigate your claim and help prove fault and liability. Your attorney can visit the scene of the accident and examine it for further evidence, review all existing evidence, speak to eyewitnesses, examine certain records of the trucking company, and determine the cause of the accident itself.

What Injuries Are Common in Truck Accidents?

There are many different common injuries that you might suffer in a truck accident in Naples. The most common include broken bones and fractures, whiplash, severe burns, lacerations, cuts and bruises, internal injuries like damage to the organs or nerves, internal bleeding, spinal cord damage that may result in partial or complete paralysis, concussions, and traumatic brain injuries.

Why Do I Need a Lawyer Involved Quickly After a Truck Accident?

You need a lawyer involved quickly after a truck accident in part to help you avoid mistakes when discussing the case with insurance companies and in part to draft spoliation letters to trucking companies to preserve evidence. Trucking companies are only required to keep vital records like dispatch and maintenance records for a period of months, in some cases. 

Getting access to information while it is still available can give you valuable proof of liability and other vital evidence to support your truck accident claim.

Who Can Be Held Responsible Besides the Driver?

There are several parties that can be responsible for a trucking accident besides the driver. They include the trucking company, which can be held liable either directly for errors made or vicariously for the actions of their employees; the cargo loader; the vehicle or parts manufacturer; or the maintenance contractor responsible for upkeep of the trucks. 

Identifying every responsible party can help to determine how much insurance money is available to the accident victim. Your attorney can help you determine who can be held liable.

Hire a Trusted Truck Accident Lawyer Today by Contacting The Caldarone Law Group, P.A.

If you have been injured or a loved one has been killed in a Naples truck accident, you deserve compensation and justice. At The Caldarone Law Group, P.A., we are here to take care of you, and we won’t back down from the insurance companies without a fight. Call our offices today to schedule your initial consultation with our team and learn more about why you should hire a truck accident lawyer right away.