Cape Coral Truck Accident Attorneys

Injured in a Crash with a Semi-Truck, 18-Wheeler, or Big Rig?

At Lusk, Drasites & Tolisano, we help people injured in truck accidents recover the compensation they deserve. Our Cape Coral truck accident lawyers have been helping accident victims for over 40 years. Our clients trust us to provide the skilled representation and compassionate support they need. 

If you were recently injured in a truck crash, we recognize that you are likely going through an unimaginably challenging and painful time. We can offer you the dedicated support you need to get justice. We handle these cases on a contingency fee basis, so you owe us nothing unless we win your case.

Call (239) 908-4930 or contact us online to schedule a free consultation if you were recently involved in a truck accident in Cape Coral, FL. Se habla español.

Types of Truck Accident Cases We Handle

Our Cape Coral semi-truck accident attorneys at Lusk, Drasites & Tolisano handle all types of trucking accident cases, including those involving:

• Blind spots: Due to a truck's size, its blind spot is significantly larger than the blind spots of other vehicles on the road. A blind spot refers to an area that a driver cannot see through a vehicle's rear view mirrors or side mirrors. As a result, they can be particularly dangerous.
• Brake failure: Commercial trucks, like all vehicles, should have brakes that are in good working order at all times to reduce the risk of collisions. Unfortunately, not all trucking companies ensure that their vehicles are properly maintained, and brake failure is one of the leading causes of truck collisions. Accidents involving commercial trucks often cause devastating, life-altering injuries, and companies that fail to take the measures necessary to prevent brake failure should be held accountable.
• Delivery trucks: A crash involving a delivery vehicle is usually a result of negligence. It does not matter if that negligence was due to speeding, running red lights, driver fatigue, distracted driving, and driving under the influence, you should not have to suffer due to someone else's negligence.
• Falling debris: Truck drivers must take appropriate precautions to reduce the risk of accidents on the road. Part of this includes properly securing cargo loads on all vehicles to prevent falling debris. If debris fell from a truck and struck your car, it is important to seek the help of our truck accident attorneys. 
• Jackknife accidents: When the cab and trailer of a truck fold in on themselves at the point of separation to create a 90-degree angle, the resulting crash is called a jackknife accident. The swinging trailer of the truck presents a significant danger, as it can easily collide with other vehicles on the road.
• Override accidents: Commercial trucks are substantially bigger and higher than other vehicles on the road, and they typically travel at high rates of speed. Unfortunately, this means there may be instances in which a truck driver is unable to stop in time to avoid a collision, which can result in an override accident.
• Overloaded trucks: If a truck is overweight, the driver can have a harder time controlling the vehicle because of its increased downhill speed, decreased speed driving uphill, and longer braking distance than other trucks. An overloaded truck also has a higher center of gravity, making it more likely to roll over and crash. Overweight and overloaded trucks pose a great safety risk to everyone on the road.
• Tire blowouts: Tire blowouts occur when there is a sudden and rapid loss of pressure in a tire. Blowouts often happen due to over or under-inflation. They can also come about when a tire is overburdened due to excessively heavy cargo. In some instances, a blowout will be caused by an object in the road that punctures the tire or extreme heat. Tire blowouts often cause a sudden loss of control, causing trucks to careen into other drivers. Accidents arising out of tire blowouts usually cause serious injuries.
• Wide-turn accidents: When a truck makes a wide turn, it may swing across into another lane and strike a vehicle whose driver does not even realize that the truck was turning. In addition, truck drivers who make wide turns may pose a risk to pedestrians near the road. Unfortunately, many wide turn accidents are caused by inadequate driver training or driver errors.
• Tired truck drivers: Each year, driver fatigue causes accidents in Florida and throughout the United States. These collisions are especially dangerous when trucks are involved. The sheer size and weight of a big rig increases the potential for harm when a crash takes place.
• Fatal truck accidents: Commercial trucks typically weigh several tons and travel at high speeds, and when they collide with other vehicles, fatal truck accidents can occur. When a person dies in a truck accident, the person’s family members may be able to recover damages in a wrongful death lawsuit. Specifically, Florida allows a plaintiff to pursue wrongful death claims against a defendant if the defendant’s negligence caused the deceased person’s death.

What Compensation Can I Recover?

Truck accident victims can recover economic and non-economic damages from liable parties through a personal injury lawsuit. To get this recovery, you must start the legal process before the statute of limitations expires. 

We will fight to get you compensation for all applicable damages, including:

• Past, current, and future medical expenses
• Lost wages
• Reduced earning capacity
• Property damage
• Pain and suffering
• Emotional distress
• Loss of consortium
• Loss of enjoyment of life

Quickly getting you the money that you need to cover out-of-pocket expenses is important to us. That is why we often seek to negotiate a pre-trial settlement with the defendant. We may be able to secure a fair resolution that covers all of your losses without a costly, drawn-out court battle. 

If a trial cannot be avoided, our big rig accident lawyers in Cape Coral are more than ready to advocate for you in and out of the courtroom. 

Florida's Statute of Limitations

In Florida, the statute of limitations for filing a claim after a truck accident is two years from the date of the incident. If the accident results in fatal injuries, survivors have two years from the date of the victim’s death to file a wrongful death lawsuit. It’s important not to delay taking legal action, as failing to file within this two-year window could result in losing the right to seek compensation​

Who Is Liable for a Truck Accident in Florida?

Commercial trucks, particularly 18-wheelers, can cause catastrophic harm when they collide with much smaller vehicles. Too often, these accidents are caused by the truck driver’s failure to comply with safety regulations regarding maximum drive times, truck weight limits, and pre-trip and post-trip inspections. Truck accidents can also be caused by reckless driving and other factors. 

In a truck accident case, liability can be difficult to determine, as multiple parties – including someone other than the truck driver – may be responsible for the accident.

Liable parties in a truck accident case may include:

• The truck driver. The driver may be responsible for an accident if they failed to follow traffic laws or otherwise behaved irresponsibly. Truck drivers cannot exceed maximum driving times without taking rest breaks. Too many truck drivers ignore these rules and end up driving while fatigued, increasing the likelihood of a crash. 
• The truck driver’s employer. A trucking company may be liable if they failed to properly screen or train their employees. They can also be held responsible for an accident if it can be proven that they incentivized or threatened the truck driver to break maximum driving time rules. 
• The truck’s maintenance team. When an accident is caused by a maintenance issue, the team responsible for inspecting the truck could be liable if they neglected to catch a problem that another maintenance professional likely would have noticed.
• The cargo loader. Some truck accidents are triggered by improperly loaded cargo that causes balance and handling issues. In these scenarios, the team responsible for loading and securing the truck’s cargo could be liable for any resulting injuries.
• The manufacturer of a defective truck component. Should an accident result from a defective part, the manufacturer of that part may be liable for the crash.

If you are not sure who is liable for your 18-wheeler accident, our Cape Coral truck accident attorneys can provide knowledgeable guidance. We will investigate what happened, identify the liable party or parties, and help you understand your recovery options. 

You can trust Lusk, Drasites & Tolisano to protect your interests. Call (239) 908-4930 or contact us online to discuss your situation with our truck accident attorneys in Cape Coral in a FREE consultation.