Truck Accident Attorney in Fort Myers

Every case is different. But in all personal injury claims, there are a few elements that we look at to see if you might have a case. We check to see if:

• There were damages. Personal injury lawsuits aim to secure compensation for “damages,” such as medical bills, lost income, and pain and suffering. The injury must involve significant financial costs to pursue a lawsuit, which can differ depending on the state. Our Fort Myers-based attorneys bring extensive local knowledge to Florida’s legal system, ensuring your case is managed accurately and with a deep understanding of state-specific laws and regulations.  
• Someone else was at fault. To get compensation from someone else’s insurance company, they must have acted negligently in a way that caused or contributed to your injuries.
• There’s enough insurance coverage. Personal injury lawsuits are usually filed against insurance companies, not individuals. Those responsible must have enough insurance coverage to cover the injured person’s medical expenses or fully compensate them for their injuries.

Not sure if you have a case? Get in touch with our team of lawyers in Fort Myers. We're here to help.

If you’re wondering what to do after being hit by a semi-truck, your priority should be safety and seeking medical attention. 

If possible, move your vehicle to a safe location away from traffic and call 911. Report the accident and request medical assistance for anyone who may be injured. Even if you feel unhurt, some injuries can take time to become noticeable. A medical evaluation safeguards your health and provides crucial documentation for your claim. Receiving professional care creates a medical record that can serve as valuable evidence if your case goes to court.

Collect information from the truck driver, including their name, contact details, insurance information, trucking company name, and license plate number.

While a photograph of a license plate can help in many auto accidents, commercial truck accidents can be different. Having the license plate number of a truck won’t always suffice when attempting to collect driver information, as many trucks are often leased through a third party. A better solution is photographing the driver’s door with the U.S. Department of Transportation number (US DOT number). This identifier will enable your legal team to get the driver’s name, address, insurance information, and trucking company.

Take photos of the accident scene, vehicle damage, road conditions, and visible injuries. This evidence can be helpful for your case. You can also get contact information from witnesses who saw the accident.

Refrain from making statements that might be seen as admitting fault, such as “I’m sorry” or “I didn’t see you,” as these could be used against you in the future.

Finally, contact Morgan & Morgan. Our Fort Myers team is here to offer a free case evaluation, help you understand your legal options, and guide you through the next steps in your life.

Laws set specific time limits for personal injury victims to file a lawsuit, known as the statute of limitations. For truck accident cases, these timeframes vary by state, typically ranging from one to four years from the accident date. Consulting with one of our Fort Myers attorneys as soon as possible is crucial, as missing this deadline could bar you from recovering any compensation.

The statute of limitations is a legally defined time limit within which someone must file a lawsuit, and this time frame varies depending on the type of case and state.

For truck accident claims, the statute of limitations generally requires filing a claim within a certain period after the accident. Filing within this period is essential to retain your right to pursue compensation.

It’s advisable to consult with a Fort Myers-based attorney as soon as possible after the incident, as gathering evidence and building a strong case can take time. Your attorney can also help ensure all documents are filed accurately and on time.

At Morgan & Morgan, our Fort Myers-based team of experienced commercial truck attorneys has successfully represented countless clients in similar situations, securing millions in compensation. As the largest personal injury law firm in the country with over 1,000 lawyers nationwide, we have the resources, knowledge, and dedication to fight for your rights. 

We work on a contingency fee basis, meaning you won’t have to pay unless we win your case. Morgan & Morgan believes justice should be accessible to all, so our motto is the Fee Is Free™—you only pay if we win.

At Morgan & Morgan, we work on a contingency fee structure, which means you don't pay any upfront fees. That’s right—the Fee Is Free™, and you only pay if we win. Your lawyer receives a percentage of the compensation you recover from your case, and only if you win. Here’s a breakdown of how it usually works:

Contingency Fee Arrangement

• No Win, No Fee: With a contingency fee, the lawyer only gets paid if you recover compensation through a settlement or court verdict.

Free Consultations

• You can call Morgan & Morgan, Fort Myers, anytime for a free case evaluation to learn more about your legal options, with no obligation to work with us.
• From there, Morgan & Morgan’s truck accident lawyers offer a free initial consultation to evaluate your case, explain the legal process, and discuss the fee structure.

What Can Affect the Final Cost?

Several factors influence the total cost of hiring a truck accident lawyer, including:

• Case Complexity: Truck accidents can involve multiple liable parties (e.g., trucking company, driver, manufacturer), which may require more time and resources to investigate.
• Going to Trial vs. Settlement: Cases that go to trial generally require more preparation, court filings, and attorney time, which may result in a higher percentage fee.
• Lawyer’s Experience and Reputation: More experienced or well-known attorneys may charge higher contingency fees due to their track record of success and expertise in handling complex cases.

Advantages of a Contingency Fee

• No Financial Risk: The contingency fee arrangement allows injured individuals to pursue compensation without worrying about upfront legal costs.
• Incentive for Success: Since the lawyer’s fee depends on the outcome, they are motivated to secure the highest possible settlement or court award for you.

Victims of a Fort Myers truck accident may be entitled to various types of compensation, including:

• Medical Expenses: Coverage for current and future medical bills, including hospital stays, surgeries, medications, and physical therapy.
• Lost Wages: Compensation for income lost due to injury and any future earning potential if the injury impacts your ability to work.
• Pain and Suffering: Monetary compensation for physical pain, emotional distress, and diminished quality of life.
• Property Damage: Reimbursement for repairing or replacing your vehicle and other personal property damaged in the accident.
• Loss of Consortium: Compensation for the impact of the injury on your relationship with your spouse or family.
• Punitive Damages: In extreme negligence or recklessness cases, the court may award punitive damages to punish the wrongdoer.

Once you retain truck accident legal representation, your lawyer can evaluate the damages that pertain to your case and what fair compensation may look like. Morgan & Morgan, Fort Myers, offers free consultations for truck accident cases so you can learn more about your legal options after a truck accident injury.

No. Consultations at Morgan & Morgan are completely free. We believe everyone deserves access to legal advice, regardless of their financial situation.

Hiring one of our Fort Myers truck crash lawyers is easy, and you can get started in minutes with a free case evaluation on our site or by phone.

When you hire Morgan & Morgan, Fort Myers, you don’t just hire a lawyer; you hire the largest personal injury law firm in the country with an army of over 1,000 lawyers and offices in all 50 states and Washington, D.C.

Your case will be handled by a dedicated team of professionals, including personal injury lawyers, paralegals, and support staff. You will be assigned a care team that includes a primary attorney overseeing your case and ensuring you receive personalized attention throughout the process.

After your initial consultation, your care team will schedule regular meetings to discuss your case, provide updates, and prepare you for upcoming proceedings. We are committed to maintaining open lines of communication and keeping you informed every step of the way.

These meetings can be handled in person, virtually, and by phone, depending on your case’s requirements and your ability to do so.

The average settlement for a truck accident claim can vary widely depending on several factors, including the severity of injuries, the extent of property damage, and the circumstances surrounding the accident.

The severity of your injuries is the most significant factor in determining a settlement amount. Cases involving minor injuries, such as whiplash or bruising, may result in smaller settlements. In contrast, severe injuries, such as spinal cord damage, traumatic brain injuries, or multiple fractures, can lead to much more substantial settlements.

Your medical bills play a crucial role in calculating your settlement. This includes costs for emergency room visits, surgeries, hospital stays, physical therapy, and any ongoing or future medical care. The higher your medical expenses, the larger your settlement will likely be.

Fault in a Fort Myers truck accident is determined by examining evidence to establish which party’s negligence caused the accident. Key factors include:

• Police Reports: Official reports provide initial assessments of fault based on the responding officer’s observations.
• Eyewitness Testimonies: Statements from witnesses can provide insights into how the accident occurred.
• Accident Scene Analysis: Photos, video footage, and forensic analysis of skid marks or debris can help reconstruct the accident.
• Truck Driver Logs: These logs can reveal if the driver violated hours-of-service regulations or was fatigued.
• Vehicle Inspections: Maintenance records and vehicle inspections can uncover mechanical failures or improper maintenance.
• Black Box Data: Most trucks have data recorders that capture speed, braking, and other key details leading to the crash.

Fault determination can be complex, often involving multiple parties, including the driver, trucking company, and even manufacturers. A commercial truck accident attorney can help you gather this evidence and create an argument in your favor.

The legal process of a Fort Myers truck accident claim can be complex, involving multiple parties and extensive investigation. It usually begins with an initial consultation with your lawyer. Morgan & Morgan’s truck accident attorneys offer a free consultation where they evaluate your case, explain your rights, and outline the legal process.

During this meeting, you’ll provide details about the accident, your injuries, and any potential evidence (police reports, photos, witness information). The Fort Myers lawyer will assess whether you have a viable case and discuss the potential for compensation.

Truck accident claims often require in-depth investigations, as multiple parties may be involved. Your attorney will gather evidence, which may include:

• Police reports and accident scene photos
• Driver’s logbooks (hours of service records)
• Vehicle maintenance records
• Truck’s black box data (to see speed, braking patterns, etc.)
• Surveillance footage, if available
• Witness statements
• Medical records documenting your injuries

Depending on the case's complexity, your lawyer may consult accident reconstruction experts, medical experts, or trucking industry experts to establish liability.

Your Fort Myers lawyer will also work to identify all liable parties. Truck accidents can involve multiple potentially liable parties, such as the truck driver, the trucking company, the truck manufacturer, and even cargo loaders. Your attorney will work to establish who is responsible for the accident and file claims accordingly.

Once your attorney has gathered enough evidence, they will draft and send a demand letter to the insurance companies or at-fault parties, outlining the facts of the case, your injuries, and the compensation you seek.

Your Fort Myers attorney will file a formal lawsuit if a fair settlement can’t be reached during negotiations. This initiates the litigation phase and sets a timeline for the legal process.

Throughout the process, your attorney will negotiate with the insurance companies representing the driver, trucking company, or other responsible parties. Insurers may try to offer a lower settlement, but your attorney will fight for fair compensation for your medical bills, lost wages, pain and suffering, and other damages.

The vast majority of truck accident claims are settled out of court. If the insurance company offers a reasonable settlement, your lawyer will discuss it with you and advise whether to accept or continue negotiating.

If the case goes to court, both sides enter the discovery phase, exchanging evidence, documents, and witness information. This phase often includes:

• Depositions (sworn statements taken from witnesses, the truck driver, and possibly you)
• Interrogatories (written questions exchanged between parties)
• Expert testimonies

Attorneys may file motions to dismiss certain claims or suppress specific evidence during this period.

If a settlement isn’t reached, your case will proceed to trial. During the trial, your attorney will present evidence, call witnesses, and make legal arguments to prove liability and damages. The defense (trucking company or driver’s lawyer) will also present their case. After both sides present their case, the judge or jury will decide who is liable and how much compensation should be awarded.

A settlement is often reached before the case goes to trial. Your Fort Myers attorney will review any settlement offers with you to ensure they cover your current and future needs.

If your case goes to trial, the jury or judge will issue a verdict on who is liable and the amount of damages. The liable parties must pay the awarded compensation if you win the case.

The legal process of a truck accident claim involves consultation with an attorney, evidence gathering, negotiations, and possibly going to court. Each step is designed to ensure that you receive fair compensation for your injuries and damages. An experienced Fort Myers attorney will guide you through this process and advocate on your behalf.

Truck accidents are more complex because they often involve multiple parties, including the truck driver, trucking company, vehicle manufacturers, and cargo loaders. Additionally, trucking companies are governed by federal regulations, such as those set by the Federal Motor Carrier Safety Administration (FMCSA), which adds another layer of legal considerations. 

The severity of injuries and the higher stakes involved in compensation claims also contribute to the complexity. Big trucks can cause much more damage than the common small vehicle fender-bender.

A truck accident lawyer at Morgan & Morgan, Fort Myers, can guide you through the complex legal process so that you can focus on recovering and moving forward with your life.

Common causes of truck accidents in Fort Myers include:

• Driver Fatigue: Truck drivers often face pressure to meet tight delivery schedules, leading to fatigue and decreased reaction times.
• Distracted Driving: Texting, eating, or using in-cab technology can distract drivers from the road.
• Speeding: Trucks require longer stopping distances, and speeding increases the risk of collisions.
• Improper Loading: Overloaded or improperly secured cargo can cause the truck to tip or lose control.
• Mechanical Failures: If not properly maintained, faulty brakes, tires, or other mechanical issues can lead to accidents.
• Driving Under the Influence: Alcohol or drug use impairs a driver’s ability to operate the vehicle safely.

Yes, you can often sue the trucking company if the driver was at fault for the accident. This is possible due to a legal principle called vicarious liability, which holds employers responsible for their employees' actions while performing job-related duties. In the case of a truck accident, the trucking company may be held liable for the driver’s negligence or recklessness. 

Vicarious Liability (Respondeat Superior)

Respondeat Superior is a legal doctrine that holds employers liable for their employee's negligent actions as long as the employee was acting within the scope of their employment when the accident occurred.

In a Fort Myers truck accident, if the driver was performing their job duties (e.g., delivering goods, following a company route), the trucking company can be held liable for the driver’s actions, even if the company itself wasn’t directly at fault.

Negligence of the Trucking Company

In some cases, the trucking company may also be directly at fault, strengthening the case against them. Common reasons include:

• Negligent Hiring Practices: If the company hired an unqualified or unsafe driver (e.g., someone with a poor driving record or inadequate training), they could be liable for negligent hiring.
• Poor Training: The company could be held responsible if it failed to provide adequate training for the driver.
• Improper Truck Maintenance: The trucking company is responsible for ensuring that its fleet is properly maintained. The company can be sued if a mechanical failure caused by poor maintenance contributed to the accident.
• Violation of Hours-of-Service Regulations: Truck drivers are subject to federal regulations that limit the number of hours they can drive without rest. If the trucking company encourages or forces the driver to violate these rules, it may be held liable.

Independent Contractors vs. Employees

Sometimes, trucking companies argue that the driver is an independent contractor, not an employee, to avoid liability. However, Fort Myers courts may still hold the company responsible depending on their control over the driver’s actions, such as setting routes and dictating work schedules.

Determining whether the driver was truly an independent contractor or an employee may involve investigating the terms of the driver’s employment and the company’s role in overseeing their work.

Other Liable Parties

In addition to the trucking company and driver, other parties may be liable for the accident, such as:

Truck Manufacturers: If a mechanical failure caused by a defect contributed to the accident, the truck’s manufacturer could be liable.

Cargo Loaders: If improperly loaded cargo led to the accident, the company responsible for loading the truck could also face liability.