Naples is a Florida city on the Gulf of Mexico, known for its white “sugar” sand beaches and world-class golf courses. However, Naples also has heavy traffic, which often results in fatal truck accidents. If your loved one was the victim of such an accident, you do not have to shoulder all the expenses.
A Naples personal injury lawyer from Ged Lawyers stays updated on the statutes relevant to your dispute. Call today to see how a Naples truck accident lawyer can help. We can evaluate your case and guide you through the settlement process.
How a Naples Trucker Can Be Liable for an Accident
Proving a Naples commercial driver’s fault in a trucking accident works like any injury case. You typically must prove they either:
- Acted negligently (such as texting while driving or going over the speed limit)
- Caused the accident on purpose (such as when influenced by road rage)
However, you should also consider another party could be at fault. For example, the truck could have had a design defect the manufacturer did not disclose. This would make the manufacturer liable. Another instance would be if a different motorist behaved carelessly and caused the truck to crash.
The trucking company is typically liable if the truck driver caused the injury as well. This is due to vicarious liability laws that hold employers responsible for their employees’ negligence while on the job. For example, if driver fatigue caused the crash, the trucking company likely shares liability.
In any case, our Naples truck accident lawyers can help you gather evidence of the trucker or other party’s fault in the collision, such as camera footage, accident reports from the Naples Police Department, and eyewitness statements.
Considering Motor Carrier Regulations
Besides regular traffic violations, our Naples truck accident attorneys also review the federal and state motor carrier laws that likely apply to your case. Some of these rules include the following:
Limited Service Hours and Mandatory Breaks
Drivers must not work beyond federally designated hours of service. They should use their mandatory break periods to avoid overworking and exhaustion.
Cargo Securement Standards and Weight Limits
Trucks must have special permits when traveling overweight in Naples and the rest of Florida. Truckers must also secure their cargo according to safety standards to prevent the cargo from falling off the trucks, destabilizing them, or spreading hazardous materials on the road.
Routine Maintenance Requirements
Truck owners must also regularly inspect and service their trucks to ensure their roadworthiness and reduce the risk of accidents caused by malfunctions.
Alcohol and Drug Prohibitions and Testing
Drivers must also abstain from consuming drugs or alcohol before or while on the job. If employers suspect them of intoxication, they must conduct testing before letting them operate trucks. They must also conduct tests randomly throughout the year.
Damages Our Naples Truck Accident Attorneys Can Fight to Recover
Commercial trucks are usually much larger than other vehicles on the road, making the damage caused in a commercial truck crash much greater. You may be dealing with significant financial losses and other harsh crash consequences.
Successful truck accident settlements let you recover damages such as:
- Medical expenses
- Lost income
- Auto repairs
- Disabilities and disfigurements
- Pain and suffering
- Psychological trauma and anguish
Wrongful Death Damages in a Fatal Naples Truck Accident
You may be researching your legal options after a Naples truck accident because your loved one died in a fatal crash. Losing someone in a car accident is so shocking and traumatizing—nothing can undo the pain you are going through. However, you may have options to seek justice and the compensation you need to make ends meet.
A wrongful death case against the trucking company or other at-fault party may be the best way for you to get justice. Per Florida Statutes § 768.21, you may be entitled to compensation for the financial and non-financial losses the death caused you and your family.
Compensation may be available for:
- The loss of your loved one’s financial support
- The loss of the services your loved one provided your family
- The loss of your loved one’s companionship, love, care, or guidance
- Psychological pain and suffering
- Medical and funeral expenses
- Your loved one’s lost income from the accident until their death
A Naples wrongful death lawyer on our team can help you recover the compensation you need so that you can focus on spending time with your family.
Ways To Recover Truck Accident Damages in Naples
Due to Florida’s no-fault auto insurance laws, your options for recovering from your injury-related expenses after your truck collision depends on what injuries you suffered. However, you can file property damage actions regardless of your medical condition.
Our Naples truck accident attorney can assist with compiling documents validating the damages accrued in the collision, such as medical records, photographs of the car’s damage, and your bills and receipts.
Using PIP Insurance First
If your injuries are not severe enough to meet the state’s tort thresholds, you can only file a claim with your Personal Injury Protection insurance provider. PIP is one of the mandatory coverages for Florida motorists, along with property damage liability or PDL coverage.
PIP helps shoulder your injury-related costs regardless of who is liable in your Naples trucking accident.
When Liability Claims and Lawsuits Are Available
If your injury does meet tort thresholds, which is common after truck accidents, then you can file a claim with the truck driver’s or trucking company’s insurance company or an accident lawsuit with the liable truck owner or driver. Your truck accident lawyer can help you comply with filing requirements and present the case to the insurance provider or the court.
Naples truckers must have liability insurance per the Federal Motor Carrier Safety Administration (FMCSA) and Florida Statutes § 627.7415. You can file a claim with the truck driver or trucking company’s insurance and demand compensation for all your damages. In some cases, you may need to file a lawsuit to recover what you deserve.
Other Laws to Consider in a Collier County Truck Accident Case
One of the filing requirements a commercial truck accident lawyer can assist you with is the statute of limitations. Generally speaking, you must file your case within two years. Failure to comply can result in an automatic case dismissal, barring you from recovering any damages.
Building your case early on after the accident can help avoid rushing at the last minute and missing the deadline.
Comparative Fault in Truck Accident Settlements
Under Florida law, you can recover compensation even if you contributed to the accident. However, your percentage of fault will decrease your final recoverable amount. You must also be less at fault than the other party to recover compensation.
For example, if you were 51 percent liable for a crash, you can’t hold the other party liable. However, if you were 40 percent liable, you could recover 60 percent of your final damage award.
When your lawyer investigates the crash, they can determine whether you may face allegations of fault. Our team will build a robust case, establishing that the truck driver or trucking company holds the lion’s share of the responsibility for the crash.
Our Naples Truck Accident Lawyers Are Ready to Work for You
Truck accident cases often involve several laws and regulations, which can feel overwhelming. Consult with us before taking action. Ged Lawyers has years of experience handling injury cases, including trucking collisions. As such, our Naples truck accident lawyers can assess your situation.
You can get your free case review by calling our law firm today. We take calls 24/7 and can accommodate Spanish speakers.
