Were you struck by a delivery truck while traveling through Captiva? These vehicles are a common sight on Florida’s roads. They engage in many necessary activities, namely transporting goods from warehouses to homes and businesses in the area.
However, when delivery trucks are involved in collisions with other vehicles on the road, the outcome is often tragic. For victims of these incidents, the aftermath can feel unsettling and irreversible. However, hope is not lost, and a truck accident lawyer in Captiva can help.
At Viles & Beckman, our attorneys have over 40 years of combined experience representing injured Floridians pursuing justice. Established in 1995, we’ve recovered more than $100 million in compensation. We’re here for you as your delivery truck accident lawyer in Captiva.
The Growing Presence of Delivery Trucks in Captiva
The popularity of companies like Amazon, FedEx, UPS, and local delivery services has brought more commercial vehicles to Florida’s roadways. Even smaller carriers use trucks and vans that can weigh several tons when they are fully loaded.
With its two-lane roads, limited passing areas, and mix of both locals and tourists alike, Captiva’s layout poses issues since these trucks have to share the roadway with passenger vehicles, bicycles, and pedestrians. The area wasn’t built with commercial deliveries in mind.
These circumstances increase the risk of crashes, ranging from rear-end collisions to sideswipes and rollovers. A Captiva personal injury lawyer can help victims like you pursue compensation in your case.
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Common Causes of Delivery Truck Accidents
Delivery truck-related collisions can happen for a number of reasons, but these patterns frequently appear in the moments leading up to crashes in the area:
- Driver fatigue: Many delivery drivers face strict schedules, especially during peak times like holidays. Fatigue can slow reaction times and impair judgment.
- Distracted driving: Drivers often rely on GPS devices, handheld scanners, or phones to complete deliveries. A few seconds of distraction on Captiva’s narrow roads can be enough to cause a crash.
- Improper loading: Packages that shift inside a truck can affect its balance. In turn, an overloaded or unevenly loaded truck is more difficult to control and more likely to tip over during turns.
- Speeding and aggressive driving: To stay on schedule, some drivers decide to save time by speeding, rolling through stop signs, or making abrupt turns. These behaviors are particularly dangerous in residential areas or tourist-heavy zones.
- Mechanical failures: Delivery vehicles are driven daily, often for long hours. If companies neglect regular maintenance, problems like brake failures or tire blowouts can occur.
- Limited visibility: Trucks have larger blind spots than passenger vehicles. When drivers fail to check these areas carefully, collisions with smaller cars, cyclists, or pedestrians may result.
The mix of delivery trucks paired with pedestrians crossing to the beach, cyclists enjoying the island, and tourists unfamiliar with local roads makes these risks even more dangerous.
Florida Laws Governing Delivery Truck Accidents
Florida has specific legal considerations when it comes to motor vehicle accidents involving delivery trucks:
Comparative Negligence
Florida follows a modified comparative negligence system. If a victim is found partially at fault for the accident, their compensation may be reduced by their percentage of fault.
However, as of 2023, if someone is more than 50% responsible, they cannot recover damages.
No-Fault Insurance
Florida is a no-fault state, meaning each driver’s own Personal Injury Protection (PIP) insurance initially covers medical expenses and lost wages, regardless of who caused the accident.
When injuries are serious enough to exceed PIP limits, victims can pursue claims against the at-fault party.
Statute of Limitations
Florida law sets a two-year statute of limitations for personal injury and wrongful death claims resulting from vehicle-related accidents. Missing this deadline can prevent you from recovering compensation.
Commercial Vehicle Regulations
Delivery trucks are subject to both federal and state regulations, including requirements for driver qualifications, hours of service, and vehicle maintenance. Violations of these rules can play a major role in determining liability.
Who Might Be Liable in a Collision Involving a Delivery Truck?
The process of determining liability in a delivery truck collision case can be more detailed than in standard car crashes. This primarily has to do with the fact that more than one party may be found liable for the incident.
In general, these are examples of potentially responsible parties in cases like yours:
- The driver: If the driver was speeding, distracted, or under the influence, they may be held personally liable.
- The employer or contracting company: Companies can be held responsible under the principle of vicarious liability if the driver was acting within the scope of employment.
- Third–party contractors: Many delivery companies hire independent contractors, so liability might extend to these contractors depending on the arrangement at the time of the incident.
- Manufacturers: If a defect in the truck or its parts caused the accident, the manufacturer could be liable under product liability laws.
- Cargo loaders: Improperly loaded or secured cargo can make accidents more likely, which puts loading crews in a position where they may be found responsible.
Contact Our Captiva Delivery Truck Accident Law Firm Today
If you or someone you care about was injured in a delivery truck collision, the road to recovery may feel overwhelming. Between medical treatment, lost income, and daily stress, it can seem impossible to handle everything at once.
That’s where Viles & Beckman comes into the picture and alleviates the burden of handling it all by yourself. Our Captiva delivery truck accident attorneys know how to fight for your rights and pursue the compensation you need to move forward after such a traumatizing experience.
Don’t wait to take action. Call our delivery truck accident law firm in Captiva today. Let us begin the process of holding the responsible parties accountable on your behalf.