Fort Myers Personal Injury Attorney Randall L. Spivey Won a Judgment for a Cape Coral Man Injured in a Semi-Truck Crash on I-75 in Fort MyersSeptember 15, 2020 | Category: Truck Accidents | Share
Fort Myers Personal Injury Attorney Randall L. Spivey won a judgment for a Cape Coral man who was injured in a semi-truck crash on I-75 in Fort Myers. When the semi-truck collided with the Plaintiff’s vehicle, it veered into the Plaintiff’s lane, causing the Plaintiff’s vehicle to be run off the road, resulting in serious injuries including bulging discs that required injection therapy.
Fort Myers Personal Injury Attorney Randall Spivey filed a lawsuit on behalf of the victim after the truck driver’s and trucking company’s insurance company refused to make a reasonable offer to settle the case before the lawsuit had to be filed. We filed the lawsuit and aggressively advocated for our client, who was suffering from debilitating back pain as a result of his injuries from the crash. Because of our firm’s efforts, a judgment was entered in favor of our client and against the truck driver and the trucking company. The insurance company for the truck driver and trucking company paid the judgment.
Semi-truck accidents are unfortunately very common in the state of Florida. Victims of semi-truck accidents should be aware that not only may the truck driver be liable for injuries caused in the crash, but the trucking company or motor carrier may also be liable under what is called “vicarious liability.”
Hiring a Fort Myers personal injury lawyer who is familiar with Florida law and the facts that give rise to vicarious liability is essential in semi-truck accident cases, because often times a truck driver, or trucking company alone, may carry insufficient insurance coverage to adequately compensate victims for their damages under Florida law, especially if the case involves serious personal injuries or death. Therefore, hiring an experienced Fort Myers accident lawyer who can investigate and locate all responsible parties, including the trucking company, joint venturers, and motor carriers are critical.
In this particular case, Spivey Law Firm, Personal Injury Attorneys, P.A. was able to obtain a judgment against both the truck driver and the trucking company, ensuring that the Plaintiff’s damages were adequately covered.
It is important to note that semi-truck drivers are subject to more regulations and duties under Florida and Federal law than the average driver, and so are the employers and motor carriers that employ them. For example, semi-truck drivers are required to hold a commercial driver’s license, which requires a more stringent examination and qualifications. Furthermore, truck drivers and motor carriers are subject to the Federal Motor Carrier Safety Regulations, which impose stringent requirements on inspection, training, and hiring. Familiarity with these duties can greatly strengthen the presentation of an injured Plaintiff’s claims in semi-truck accident cases.
Semi-trucks are larger and heavier than other vehicles, are more difficult to maneuver, have more complicated equipment and parts, and take longer to bring to a stop. Because of these characteristics, semi-truck drivers must be alert and attentive at all times. In this case, Fort Myers Personal Injury Lawyer Randall L. Spivey carefully investigated the case and was able to prove that the driver failed to use due care, and a judgment was entered in favor of our injured client for his damages.
Fort Myers Truck Accident Attorney Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one percent (1%) of Florida attorneys. He has handled over 2,000 personal injury and wrongful death cases throughout Florida. For a free and confidential consultation to discuss your legal rights, contact Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll-free at 1.888.477.4839, or by email to Randall@SpiveyLaw.com. Visit SpiveyLaw.com for more information. You can contact Spivey Law Firm, Personal Injury Attorneys, P.A. in Charlotte County at 941.764.7748 and in Collier County at 239.793.7748.