Truck Accidents Lawyers in Fort Myers
Truck accidents in Fort Myers have the potential to inflict catastrophic injuries and tragic fatalities, resulting in long-lasting physical, emotional, and financial hardships for the victims and their families. The aftermath of such accidents is often compounded by the unfair tactics employed by trucking companies and their insurers, who are well-versed in disputing liability and minimizing payouts.
When it comes to seeking justice for truck accident victims in Fort Myers, you need a legal team that is fiercely determined to protect your rights. Larry Moskowitz, PA, led by the tenacious Larry Moskowitz, doesn’t back down from a fight. With over 35 years of experience, Florida truck accidents attorney Larry Moskowitz has the ability and resources to take on powerful trucking companies and large insurance carriers and achieve the largest possible compensation for your injuries and losses.
How Fort Myers Truck Accident Lawyer Larry Moskowitz will Prove Hours of Service (HOS) Rule Violations to Nail the Trucking Company’s Liability
Distinguished Fort Myers trucking accidents lawyer Larry Moskowitz aims to establish liability of not just the negligent truck driver, but also the trucking company in order to maximize damages. One key aspect in his legal strategy may involve proving violations of the federal Hours of Service (HOS) regulations, which govern the amount of time commercial truck drivers can spend on duty.
Understanding Hours of Service (HOS) Regulations
Unlike passenger vehicles, the Federal Motor Carrier Safety Administration (FMCSA) sets strict guidelines regarding the number of hours commercial truck drivers can operate their vehicles without rest. These regulations are designed to prevent driver fatigue, a leading cause of truck accidents. Violations of HOS rules, such as exceeding driving hours, inadequate rest breaks, or falsifying logbooks, can significantly increase the risk of a trucking accident on the road.
Trucking Companies Practice of Imposing Unrealistic Delivery Deadlines
Trucking companies often impose unrealistic delivery schedules on their drivers to maximize their profits, placing undue pressure on them while they drive to the destination. Fort Myers truck accident attorney Larry Moskowitz understands that these stringent timelines can lead drivers to disregard HOS regulations in a bid to complete their deliveries on time.
By scrutinizing the delivery schedules imposed by the trucking company and their work policies, attorney Moskowitz seeks to demonstrate how these unreasonable demands contribute to driver distraction, speeding, fatigue or drowsiness and increase the likelihood of accidents on the road.
Delivery Incentives and Overworked Drivers
Another common practice among trucking companies is offering bonuses or incentives based on the number of deliveries made by drivers. While these incentives may seem innocuous, they can create a dangerous business culture that prioritizes profits over safety.
Fort Myers truck accident lawyer Larry Moskowitz investigates these incentives or disincentives to determine whether they encourage drivers to ignore HOS regulations and engage in unsafe driving practices. By uncovering hard evidence, Moskowitz strengthens his case against the trucking company and highlights their role in fostering a behavior of non-compliance with safety regulations.
Ignoring Discrepancies in Driver Logs and Complaints
Trucking companies have a legal obligation to monitor and address discrepancies in driver logs, as well as complaints or reports of HOS violations. However, they may turn a blind eye to these issues, choosing to focus on profit margins over safety concerns.
Fort Myers truck collision lawyer Larry Moskowitz and his team will review driver logs, complaints, and records of previous HOS violations to uncover instances where the trucking company failed to take appropriate action. By highlighting these oversights, Moskowitz exposes the trucking company’s negligence and strengthens his argument for holding them liable for your injuries and losses.
Proving Causation and Liability
In truck accident cases, proving causation is essential to establishing liability. Larry Moskowitz employs a combination of legal expertise and investigative prowess to demonstrate how HOS violations directly contributed to the accident.
By analyzing electronic logging device (ELD) data, surveillance camera footage, photos and videos, driver records, company policies, and witness testimony, Moskowitz constructs a compelling narrative that highlights the trucking company’s role in fostering a culture of non-compliance with HOS regulations.
Utilizing Expert Testimony
To bolster his case, attorney Larry Moskowitz collaborates with trucking industry experts, including accident reconstruction specialists, forensic analysts, and fatigue management professionals. These experts provide invaluable insights into the correlation between HOS violations and accident causation, helping Moskowitz build a robust case for his clients. Their testimony reinforces the extent of the trucking company’s negligence and establishes their liability.
Seeking Maximum Compensation for Victims
By exposing HOS violations and holding trucking companies accountable, Larry Moskowitz aims to secure maximum compensation for victims of truck accidents. This includes damages for current and future medical expenses, current and future lost wages, prolonged pain and suffering, rehabilitation and physical therapy, and other related damages. Attorney Moskowitz’s dedication to his clients ensures that their voices are heard and justice is served in the aftermath of a devastating truck accident.
How Fort Myers Truck Accident Attorney Larry Moskowitz will Prove the Liability of the Cargo Loading Company
Fort Myers truck accident lawyer Larry Moskowitz recognizes the importance of investigating the role of cargo loaders in truck accident cases.
Overloading Beyond Capacity
One of the negligent mistakes that cargo loaders may commit is overloading the truck beyond its gross vehicle weight rating (GVWR). Attorney Larry Moskowitz recognizes the dangers associated with excessive loads, as they can lead to loss of control, tire blowouts, and other dangers. Through aggressive investigation and expert analysis, Moskowitz gathers evidence to demonstrate how overloading contributed to your accident and injuries.
Improper Cargo Loading Techniques
Cargo loaders may also be liable for accidents caused by haphazard or uneven loading practices. Larry Moskowitz scrutinizes the loading process to identify instances where cargo was stacked inappropriately, leading to instability and increased risk of rollovers or spills. By presenting evidence of improper loading techniques, Moskowitz establishes the negligence of the cargo loaders and strengthens his clients’ claims for compensation.
Failure to Secure Cargo Properly
Cargo loaders can be held liable for accidents resulting from their failure to properly secure the cargo. Larry Moskowitz investigates cases where cargo was inadequately restrained, leading to shifting or falling during transit. Whether it is the failure to use proper restraints, secure the cargo tarp, or utilize appropriate cargo netting, attorney Moskowitz leaves no stone unturned in proving the negligence of the cargo loaders.
Loading Hazardous Materials Without Proper Authorization
Cargo loaders may face liability for loading hazardous materials without the necessary license or authorization. Larry Moskowitz recognizes the risks associated with transporting dangerous goods and holds cargo loaders accountable for their disregard of safety regulations. Through detailed examination of the cargo and documentation, attorney Moskowitz exposes any violations of licensing requirements and strengthens his clients’ cases.
Get Aggressive Legal Representation from Top Fort Myers Truck Accident Lawyers to Maximize Your Compensation
Fort Myers truck accident attorney Larry Moskowitz is known for his tough and fearless approach during negotiations and in the courtroom. If you have been injured in a truck accident, don’t settle for less than you deserve. Trust Larry Moskowitz to fight tooth and nail to hold negligent parties accountable and secure the compensation you need to move forward in life. Call now at 866-312-0708 to schedule your free case evaluation with us.