Truck Driver Fatigue
Florida has thousands of miles of highways and is home to many profitable industries. As a result, numerous commercial vehicles traverse the state on any given day. The state is also a popular tourist destination, with vacationers coming to enjoy all that it has to offer on a regular basis. Despite how effective semi-trucks can be at moving freight, they are also dangerous due to their size and weight. For truck drivers, making sufficient money often depends on moving freight quickly and making deliveries on time. Although there are rules regulating how frequently a driver must take a break and rest, many drivers and trucking companies disobey these rules. At the Law Offices of Adam Baron, our Naples truck accident lawyers have represented many victims of careless truckers and trucking companies. We are ready to put our skills and experience to work on your behalf.Holding a Fatigued Driver Accountable for Compensation
If you believe that you were the victim of a collision caused by a truck driver’s fatigue, you may be entitled to compensation. Just like anyone else who gets behind the wheel, commercial drivers are required to operate their large vehicles according to a duty of reasonable care and skill. One of the first things that should be obtained after an accident caused by a trucker is a logbook showing how frequently the driver took breaks.
There are many state and federal regulations that govern trucking companies and their drivers. These rules are designed to keep drivers from becoming too tired behind the wheel and posing foreseeable risks of harm to other people in their vicinity. A truck driver or trucking company’s failure to heed state and federal regulations will almost always constitute a violation of the duty of care. This means that the duty and breach elements of a negligence claim would be satisfied.
Once those first two steps have been completed, the victim must show that his or her injuries would not have happened if the truck driver had acted with due care. They must have been a reasonably foreseeable result of the trucker’s negligent actions. An accident reconstructionist or another expert can be critical in demonstrating that the truck driver was to blame for the accident. The plaintiff must provide evidence supporting the damages that he or she has claimed in the lawsuit, like medical expenses, lost wages, property damage, and pain and suffering.
In many situations, a trucking company may be held vicariously liable for the negligence of its employees. This theory applies when an individual acted carelessly in causing an accident during the course and scope of the employment relationship. The employer itself need not have acted carelessly for liability to attach, although in some situations a trucking company also may be held directly liable for its own negligence.Contact a Truck Accident Attorney in the Naples Area
Having represented motor vehicle collision victims in many areas of Florida, we know how challenging this situation can be for you and your family. As a result, we make sure that each of our clients receives the compassion and personal attention that they deserve. Our Naples personal injury lawyers are ready to protect your rights. We also serve accident victims in Coral Springs, Fort Myers, Tamarac, North Miami Beach, and cities throughout Broward and Miami-Dade Counties. To arrange a free consultation, contact us online or call us in Broward County at (954) 247-4878, in Miami-Dade County at (305) 770-2131, or in Naples/Fort Myers at (239) 352-5511.