Fort Myers Truck Accident Lawyer

Truck cases follow different rules than car cases. Federal safety rules apply to many commercial trucks, more than one company may share the blame, and key evidence sits in the truck's electronic records. If you need a Fort Myers truck accident lawyer, this page explains how these claims generally work. It is general information, not legal advice; every case is different.

Truck Traffic in and Around Fort Myers

I-75 is the main interstate through Lee County, running north toward Tampa and south toward Naples, with Fort Myers exits at Daniels Parkway, Colonial Boulevard, Dr. Martin Luther King Jr. Boulevard, Luckett Road and Palm Beach Boulevard. U.S. 41 runs alongside it through the city. Tractor-trailers, box trucks and delivery vans use both roads, and they turn onto Colonial Boulevard, Daniels Parkway and other local roads to reach stores, warehouses and job sites.

Road work adds risk. FDOT has planned a widening of I-75 between Golden Gate Parkway in Collier County and Alico Road in Lee County, south of Fort Myers, and has rebuilt interchanges such as Colonial Boulevard. Work zones bring lane shifts, narrow lanes and sudden stops, and a heavy truck needs much more room to stop than a car.

Hurricane Ian also changed local traffic. By late October 2022, Lee County reported that 125 debris-collection trucks, each pulling a trailer, were working in the county. Debris haulers, dump trucks and construction vehicles are common on local roads during recovery work, and a crash with one raises the same questions as any truck case: who owned the truck, who hired it, and who was supposed to keep it safe.

Why Truck Accident Claims Are Different

• More than one party may be responsible Depending on the facts, the driver, the trucking company, the owner of the truck or trailer, the company that loaded the cargo, a maintenance shop, or a contractor that hired the truck may share responsibility.
• More insurance Commercial trucks often carry higher liability limits than private cars, and several policies may apply. Identifying all of them early matters.
• Federal safety rules Many commercial trucks must follow Federal Motor Carrier Safety Administration (FMCSA) rules on driver hours, driver qualifications, drug and alcohol testing, and vehicle inspection and maintenance. A violation can help show negligence.
• Fast-moving defense Trucking companies and their insurers often send investigators soon after a serious crash. You deserve someone looking out for your side just as quickly.

Hours of Service and ELD Data

Driver fatigue is a frequent issue in truck cases. Under FMCSA hours-of-service rules, a property-carrying driver generally may drive up to 11 hours within a 14-hour on-duty window, and must take a break of at least 30 minutes after 8 hours of driving. Those limits apply to many interstate trucks.

An electronic logging device (ELD) connects to the truck's engine and automatically records driving time. ELD data, along with the truck's engine computer, GPS and dispatch records, dash cameras, maintenance files and the driver's qualification file, can show whether the driver was over hours, speeding or braking late. Some of this information may not be kept for long, so it helps to send a written request to preserve it as soon as possible.

Steps to Take After a Truck Crash in Fort Myers

1. Get medical care right away. Call 911. Inside the city, the Fort Myers Police Department handles crashes; in unincorporated Lee County, the Lee County Sheriff's Office; on I-75, often the Florida Highway Patrol.
2. Write down the truck's details. Photograph the truck, the trailer, the company name and any USDOT number on the door, and the license plates.
3. Photograph the scene. Capture the lanes, work-zone signs, skid marks, debris, cargo on the road and your injuries. Get witness names and phone numbers.
4. Don't talk to the trucking company's insurer. Don't give a recorded statement or sign anything before getting advice.
5. Call a lawyer quickly. The sooner a preservation letter goes out, the better the chance that ELD data, camera footage and maintenance records are kept.

Compensation, Fault and Deadlines

A truck accident claim may include past and future medical care, lost income and earning ability, property damage, and pain and suffering. When a crash takes a life, the family may have a wrongful death claim. Your own PIP coverage generally pays first for part of your medical bills and lost wages if you were in a car, but in a serious truck crash it rarely covers everything.

Florida's modified comparative negligence rule applies. In general, if you are found more than 50% at fault you can't recover damages, and at 50% or less your recovery is reduced by your share of the fault.

Read more about truck accident claims in Florida, or go back to our Fort Myers car accident and personal injury page.

How We Help After a Truck Crash in Fort Myers

Tomas Robirosa serves Fort Myers and all of Lee County, including Cape Coral and Lehigh Acres, and you can speak with him directly in Spanish or English, by phone, by video or in person. We move to preserve the evidence, identify every company and policy involved, deal with the insurers and, if needed, file suit in Lee County.

We work on a contingency basis: no fee unless we recover. Call (305) 600-0529 for a free consultation.

Frequently Asked Questions