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Truck accidents are far more common than they should be. Not only do truck drivers have the same legal obligations as all other drivers on Florida’s roads, but trucking companies have a legal obligation to ensure that their drivers are not putting others in harm’s way. Yet, truck accidents are a regular occurrence, and far too many individuals and families find themselves in need of an experienced Fort Myers accident attorney with Spivey Law Firm, Personal Injury Attorneys, P.A.

If you need to seek just compensation for a serious or fatal truck accident, determining why the accident happened will be a key first step in the process.

When evaluating the potential causes of a truck accident, it is important to consider all possible factors—and this is one of several reasons why it is important to have an experienced Fort Myers accident attorney on your side. With that said, some factors are more common than others. For example, in many cases, seeking full compensation requires proving that the truck driver was distracted, drowsy, or unqualified.

Truck Accidents Involving Distracted Drivers

Distracted driving is a leading cause of all types of vehicle collisions in Florida (and throughout the United States). This includes collisions involving commercial trucks. Truck drivers are not immune to distractions—in fact, due to the fact that they spend so much time behind the wheel, truck drivers may be even more prone to getting distracted behind the wheel.

Driving distractions can take many different forms. Today, many of the most common distractions are technology-related. For truck drivers, these include:

• Reading and responding to text messages
• Scrolling social media
• Watching videos or movies
• Following GPS directions
• Communicating with dispatch

With that said, rubbernecking, eating and drinking, smoking, and other more-traditional types of distractions are still concerns as well. Since truck drivers often spend 10 hours or more behind the wheel at a time, it is not at all uncommon for their eyes or minds to wander, or for them to do other tasks while driving.

While driving distractions are dangerous in any scenario, they can be especially dangerous when the distracted driver is behind the wheel of an 18-wheeler or another large commercial truck. This is because large trucks are heavier, more difficult to control, and harder to stop than normal cars, pickup trucks, and SUVs. If a truck driver is not paying attention to the task at hand, the truck driver can quickly find himself or herself in a position where it is impossible to avoid a dangerous or deadly collision.

How can you prove that a truck driver was distracted? There are a variety of possibilities, though the types of evidence available in any particular case will depend on the circumstances. In many cases, the truck driver’s cell phone data records can be used to prove that he or she was texting, talking on the phone, using social media, or watching a movie or video at the time of a crash. Video footage of the accident, eyewitness testimony, the truck driver’s own admissions, forensic evidence from the truck’s cab, and other forms of evidence may also be available.

Truck Accidents Involving Drowsy Drivers

The fact that truck drivers often spend long hours behind the wheel means that drowsy driving is a common factor in commercial truck accidents as well. Additionally, many truck drivers drive through the night, and driving long hours after dark can increase the risk of a truck driver nodding off and then causing a collision.

Even if a truck driver does not nod off behind the wheel, driving while drowsy can be extremely dangerous. Studies have shown that drowsiness causes impairments similar to low-level alcohol intoxication, including:

• Difficulty concentrating on the task at hand
• Impaired decision-making abilities
• Compromised hand-eye coordination
• Reduced field of vision
• Increased response time when faced with emergency situations

Each of these factors alone can significantly increase a truck driver’s risk of causing an accident. Combined, they make accidents significantly more likely. As a result, drowsy driving is negligent driving, and truck drivers who cause serious accidents due to fatigue can—and should—be held duly accountable.

How can you prove that a truck driver was drowsy? In some cases, video footage from a traffic camera or security camera could show the driver nodding off (or sleeping) behind the wheel. In others, truck drivers may admit they were too tired to drive. In others still, a commercial truck’s “black box” data could show that the driver was exhibiting signs of fatigue in the moments leading up to the collision. There are various other possibilities as well.

Truck Accidents Involving Unqualified Drivers

Safely operating a large commercial truck requires training and experience. Truck drivers must be suitably qualified and use their training and experience to stay safe at all times. Unfortunately, some trucking companies are willing to hire drivers who are not suitably qualified, and some owner-operators lack the necessary qualifications.

If a truck driver is unqualified to be behind the wheel, this can present a variety of different risks. For example, unqualified truck drivers may be more likely to:

• Follow too closely
• Make dangerous turns
• Brake harshly, resulting in a loss of control
• Approach off-ramps or merge areas with too much speed
• Fail to check blind spots before changing lanes

These are just examples. Ultimately, if a truck driver is unprepared for any potentially dangerous situation, this can result in a serious or fatal accident that could—and should—have been avoided. Under Florida law, both truck drivers and trucking companies have a legal duty to make sure they do not put other motorists in harm’s way. This includes making sure that a driver’s lack of training or experience does not lead to a collision.

How can you prove that a truck driver is unqualified? If a truck driver lacks necessary training or does not have a commercial driver’s license (CDL), there should be records (or a lack of records) to prove it. Your Fort Myers accident attorney with Spivey Law Firm can seek to obtain relevant documentation from the trucking company or the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) as warranted. In relevant cases, evidence of obvious mistakes (e.g., jamming on the brakes and causing the truck to jackknife) can be used to prove that a truck driver was not qualified to be behind the wheel.

Seeking the Financial Compensation You and Your Family Deserve

Regardless of the specific factor (or factors) involved, if you need to seek financial compensation for a serious or fatal truck accident in Florida, there are several steps that it will be important to take as soon as possible. For example, to protect your legal rights, you should:

• Hire an Attorney Promptly – Investigating the cause of a serious or fatal truck accident requires experienced legal representation. To ensure that your attorney can collect key evidence before it disappears, you should schedule a free consultation with Spivey Law Firm, Personal Injury Attorneys, P.A. right away.
• Take Detailed Notes – You should take detailed notes as well. Do you suspect that the truck driver was distracted, drowsy, or unqualified? If so, why? Do you suspect that any other factors may have played a role in the accident? The more details you can share with your attorney, the better.
• Keep Any Evidence You Have in Your Possession – If you have a copy of the police report, photos on your phone, witnesses’ names and contact information, or any other potential evidence in your possession, you should keep these to share with your attorney as well. If possible, you should have these with you during your free consultation.

Once you hire an attorney with Spivey Law Firm to represent you, your attorney will be able to investigate the accident and preserve any and all evidence that is available. Along with conducting a forensic investigation, this may involve obtaining records from the trucking company, the FLHSMV, the truck driver’s cell phone provider, and other entities.

While some truck drivers are owner-operators, most work for trucking companies or other businesses—and, under Florida law, employers can be held liable for their employees’ negligence on the job. As a result, in most cases, seeking just compensation for a serious or fatal truck accident involves dealing with the truck driver’s employer. Your attorney can deal with the truck driver’s employer (and its insurance company) on your behalf, and, as your case progresses, your attorney can help you make informed decisions with your long-term best interests in mind.

Discuss Your Case with an Experienced Fort Myers Accident Attorney at Spivey Law Firm, Personal Injury Attorneys, P.A. Today

Martindale-Hubbell has rated Spivey Law Firm, Personal Injury Attorneys, P.A. AV Rated Preeminent. This rating is the highest level of professional excellence.  For 2026, Martindale-Hubbell also again awarded Spivey Law Firm with the Client Gold Champion Award. Attorney Andrew. W. Abel of Spivey Law Firm was recognized as a life member of the Multi-Million Dollar Advocates Forum of the Top Trial Lawyers in America.  Attorney Tricia A. Spivey was recognized as The National Trial Lawyers Top 100 Trial Lawyers in Florida. This selection is for superior qualifications of leadership skills, knowledge, and success as a civil plaintiff lawyer.

If you need to speak with an attorney about filing a claim for a serious or fatal truck accident in Florida, we encourage you to contact Spivey Law Firm, Personal Injury Attorneys, P.A. promptly for a free, confidential consultation. We represent truck accident victims and families statewide. To schedule an appointment with an experienced Fort Myers accident attorney as soon as possible, call 239-337-7483 or toll-free at 888-477-4839, or tell us how we can contact you online at SpiveyLaw.com now.