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Truck Accident Attorneys in Fort Myers, FL

Thousands of people die in large truck crashes each year. Most of these fatalities are passengers in smaller vehicles, although a small percentage is made up of truck driver fatalities. These motor vehicle accidents also cause thousands of injuries in the U.S. annually.
When you or a loved one gets injured in a crash caused by the truck driver or trucking company, how do you hold them accountable?
Call the lawyers at Kelleher Law, who have decades of combined experience, at 833-546-3675. We can determine if you have a claim and let you know what your options are for pursuing accountability for the at-fault party.

Please browse the following sections for more information:

Common Causes of Truck Accidents

A number of factors can come together and cause a truck crash. But oftentimes, a certain person or group of people is ultimately at fault. In a claim handled by our attorneys, we demonstrate how this person’s negligence ultimately resulted in the crash that injured you.

Here are some of the most common truck accident causes:
  • Unbalanced cargo
  • Overloaded cargo
  • Truck driver error
  • Inadequate maintenance
  • Inexperienced truck driver
  • Intoxicated, distracted, or drowsy truck driver
  • Poor hiring practices
  • Poor training procedures
  • Dangerously designed roads
Our lawyers know how to investigate the details of your crash to determine fault. The trucking company – and the insurers who work for them – will most certainly get to work quickly to protect themselves. You need an equally aggressive advocate looking out for what is in your best interest.

Typical Truck Accident Claims

As seasoned attorneys, we have unfortunately seen all of the ways these massive trucks can cause devastation. Some of the typical claims include:
  • Under-ride accidents (in which a small vehicle is crushed beneath the semi-truck)
  • Accidents in which the truck tips over
  • Braking or skidding incidents, in which the tractor-trailer cannot slow or stop before colliding with other vehicles
  • Trucks crossing into the path of oncoming traffic
  • Trucks turning in front of an approaching vehicle
If you aren’t sure if you have a claim, don’t worry about the details before speaking with our attorneys. The key is to determine if someone else’s negligence is what caused the truck to crash. Sometimes, it can be difficult to know. Let our attorneys investigate the cause of the crash for you and then advise you on what to do.

Far-Reaching Consequences

Because of the catastrophic nature of truck accident injuries, the consequences can reach far into the future. The following are just several of the injuries commonly associated with large truck wrecks:
The size and weight of a tractor-trailer colliding with a much smaller vehicle can easily cause these life-altering physical injuries. Unfortunately, these types of injuries may cause the injured victim to need assistive equipment for the rest of their lives, such as wheelchairs or other devices that allow them to adapt to their injuries. Thankfully, these technologies are available and more effective than ever before, but they change the daily life of the victim, and these technologies can be really expensive.
In addition to the physical, mental, and emotional toll of these accidents, the injured person may find they are unable to perform their former job duties or unable to work at all. Such circumstances can be extremely stressful. How will you support yourself and your family? How will you continue to pay for the medical care you need? Compensation pursued in a crash claim should help you do those things.

Truck Accident Fatalities

Tragically, some truck accidents kill the occupants of other vehicles involved. This is not uncommon. According to the Insurance Institute for Highway Safety, more than 3,850 people died as a result of large truck accidents in 2015. Sixty-nine percent of those who died were the occupants of smaller vehicles. Sixteen percent were truck drivers, and 15 percent were bicyclists, motorcyclists, and pedestrians.
If you lost a loved one because of a truck accident, you still have the eligibility to pursue compensation in a wrongful death claim handled by our lawyers. Like an injury claim, wrongful death cases seek compensation to pay for your loved one’s medical bills. But they also seek compensation for the loss of your loved one’s financial contributions and other financial benefits. They are designed to help you pay the funeral expenses and burial costs. They also seek compensation for the pain, suffering, and anguish caused by losing your loved one.
No amount of money can undo the harm that has been done to your family. But compensation can help you pay for the real expenses of the death and provide a means of holding the responsible person accountable.

Laws Pertaining to Trucks

There are certain federal regulations related to the operation of a tractor-trailer. Typically, the most relevant regulations to a crash claim have to do with hours of service. These laws lay out exactly how many hours a truck driver may remain behind the wheel without taking a break. They cannot continue to drive without rest. Doing so is dangerous because it leads to drowsy driving.

If hours of service regulations were violated in your situation, then that would certainly indicate the truck driver’s own negligence may have caused the crash.

We are extensively familiar with federal and state traffic and trucking regulations. After reviewing the details of your case, we can determine if one of these statutes will be a factor in fighting for maximum compensation on your behalf.

Liability for Truck Crashes

There are actually quite a few parties who may be at fault for causing the accident, and it’s not necessarily the driver. The root cause of the crash may go back to something that occurred long before the accident, during the maintenance or loading of the tractor-trailer.
Potentially responsible parties include:
  • Truck drivers
  • Trucking companies
  • Truck owners
  • Companies responsible for loading cargo
  • Companies responsible for hiring and training drivers
  • Companies responsible for truck maintenance
Rely on us to determine who caused the crash. We utilize our network of experts, accident reconstruction specialists, doctors, and others to determine the cause and the liability.
Once we determine who caused the crash, we will not back down, no matter how powerful the opponent. Trucks are heavy, large vehicles that are dangerous by nature. Companies and individuals responsible for them should exercise the right amount of caution to keep people on the road safe.

Client Testimonials:

  • "Highly recommend this firm! Very professional, quick to respond, and gets the job done! Thanks, Kelleher Law!" - B.B.
  • "From the minute they answered the phone until the end of my case, Kelleher Law was attentive and encouraging. I got a very favorable resolution to my case. I highly recommend Kelleher Law." - M.F.
  • "It was great to work with an attorney who took the time to explain things to me in a way that I could understand everything that was happening. I really felt like everyone I met actually cared about me and my family - Jim Kelleher is a straight shooter and I respect that. I couldn’t ask for a better experience" - M.K.
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FAQs

What Should I Do Immediately After a Trucking Accident?
If you’ve been involved in a trucking accident, here are some steps you should take immediately after:
  • Move to a safe location and check for possible injuries.
  • Call 911 to report the incident and request assistance.
  • Even if you feel fine, get a medical evaluation since some injuries may not be apparent right away.
  • Document the scene (take photos, collect contact information from witnesses, and obtain the truck driver's details).
  • Avoid discussing fault or signing anything until you've consulted an attorney.
Truck accident claims differ significantly from car accident claims. This is due to the complexity of trucking laws and regulations.
Multiple parties could be held liable, such as the truck driver, the trucking company, or even the manufacturer of the truck’s parts.
Trucks are also governed by federal laws, including hours-of-service regulations, which do not apply to cars.
Additionally, truck accidents generally result in more severe damage. Because of this, they require thorough investigations and larger compensation claims.
Victims of trucking accidents can pursue compensation for various types of damages, including:
  • Medical expenses (both current and future)
  • Lost wages
  • Property damage
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
In some cases, victims can also recover long-term disability or loss of companionship damages.
The Federal Motor Carrier Safety Administration (FMCSA) enforces federal trucking regulations. They govern aspects like:
  • Driver qualifications
  • Hours of service
  • Vehicle maintenance
  • Cargo loading
Violations of these regulations can play a pivotal role in proving liability. If the driver or trucking company violated these laws, it could strengthen your case by demonstrating negligence.
A trucking accident investigation is thorough and multifaceted. It usually involves:
  • Reviewing driver logs, maintenance records, and the truck's black box data to understand the circumstances of the crash
  • Reconstructing the accident with help from expert witnesses
  • Assessing whether the trucking company complied with federal regulations
Your attorney will gather this evidence to build a strong case and identify liable parties.
Yes, if your loved one died in a truck accident, you may be able to file a wrongful death claim.
If the accident resulted from negligence from the truck driver, trucking company, or other parties, you may be able to seek compensation.
It is important to work with an experienced wrongful death attorney. They can investigate the case, identify responsible parties, and help you pursue the maximum compensation under the law.
In both Florida and Georgia, you have two years from the accident date to file a claim. If the accident resulted in a wrongful death, the deadline is two years from the date of death.
Although you have two years, that doesn’t mean you should delay filing a claim. Filing promptly is essential because:
  • Evidence, such as witness recollections or vehicle data, can fade.
  • Missing the deadline usually results in losing your right to pursue compensation.
  • Exceptions are rare. They generally involve extraordinary circumstances like delayed injury discovery.
If the truck driver was working for a subcontractor, the process of determining liability could become more complicated.
Say the truck driver was employed by a subcontractor. In that case, the subcontractor can share responsibility for the accident. The subcontractor is usually responsible for ensuring drivers are qualified, trained, and operating safely. If they fail to meet these obligations, they may be held vicariously liable for the driver’s negligence.
Often, the primary contractor (or trucking company) that hired the subcontractor can also bear responsibility. This is especially true if:
  • They failed to properly vet the subcontractor's safety record.
  • They exerted control over the subcontractor's work.
  • They pressured the subcontractor to meet unrealistic delivery deadlines, leading to unsafe driving practices.
Truck accident claims often become more difficult to navigate when subcontractors are involved. A skilled truck accident attorney, like those at Kelleher Law, can identify all liable parties and optimize your claim.
Comparative negligence laws in Georgia and Florida determine how fault is shared between parties in a truck accident and how compensation is awarded.
Florida and Georgia both follow a modified comparative negligence rule. Under this rule, you can recover damages if you are less than 50% at fault for the accident. You cannot recover compensation if you are found 50% or more at fault.
Say your damages are $100,000, and you are found 20% at fault. In that case, you will receive $80,000 (your total damages minus 20%). If you are 50% at fault (or more), you will receive $0.
Black box data is officially known as Electronic Control Module (ECM) or Event Data Recorder (EDR) data. It is critical in trucking accident investigations and provides key insights into the moments leading up to the crash.
Black box data records information like:
  • The speed of the truck at the time of the accident
  • Whether and when the driver applied the brakes
  • Acceleration or deceleration rates
  • Engine RPM (Revolutions Per Minute)
  • Steering input and sudden changes in direction
  • How long the driver had been on the road
  • Whether the driver was properly restrained
  • Whether the airbag deployed
  • Where and when the truck was traveling
Black box data is unbiased and cannot be easily disputed. This makes it crucial for reconstructing accidents. The data can show if the truck driver was speeding, failed to brake, or engaged in reckless driving. It also supports or disputes witness accounts and police reports.

Why Choose Kelleher Law?

Kelleher Law is led by founder Jim Kelleher, who has over three decades of experience in personal injury law. He and our other attorneys are committed to seeking justice for clients impacted by negligence in trucking accidents.
We aggressively pursue compensation to cover medical bills, lost wages, and other expenses, helping ease the financial burden for victims and their families. With deep knowledge of how insurance companies handle these claims, we fight hard to secure the maximum compensation you deserve.

Get Answers About Your Case

Wondering if you have a truck accident claim in Florida or Georgia? Kelleher Law has offices in Naples, Fort Myers, and Atlanta. We are ready to hear the details of the crash and determine if you have a case. For a FREE claim review, please call our law firm at 833-546-3675 or contact us online.
We offer these free case evaluations over the phone, 24 hours a day, 7 days a week. We also offer the advantage of contingent fees, which means with no recovery of compensation, no fees are charged. You won’t pay us anything unless we successfully recover compensation on your behalf. These contingent fees can be immensely important to people who are dealing with expensive physical injuries, lost income, and vehicle damage.
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