Truck Accidents  Help Is Just a Call Away

Port St. Lucie Truck Accident Lawyer

Due to the ongoing truck driver shortage, many truckers have little practical experience behind the wheel. These vehicles are so big and so heavy that it is difficult even for experienced operators to control them. Making matters worse, the federal government has recently rolled back some important safety provisions.

This combination creates a high risk of serious injury. When these large vehicles cause crashes, the victims usually sustain injuries like serious burns, internal organ damage, and severe head injuries. Most people never fully recover from wounds like these.

The compassionate Port St. Lucie truck accident lawyers at Smith & Ball understand the intense pain and suffering these victims must endure on a daily basis. So, we work hard to obtain the compensation these families need and deserve. This hard work is usually a combination of thoughtful case preparation, strong advocacy, and open communication.

First Party Liability

In court, victim/plaintiffs must establish negligence, or a lack of care, by a preponderance of the evidence, or more likely than not. Most negligence claims involve the ordinary negligence doctrine or the negligence per se rule. Fatigued truck driver claims are a good illustration of the differences.

Generally, driver fatigue is a significant problem among truckers. Most shipping companies pay drivers by the load. So, they must stay behind the wheel as long as possible in order to make money.

The effects of fatigue, like slow reflexes and bad judgement, are much like the effects of alcohol. In fact, driving after eighteen consecutive awake hours is like driving with a .05 BAC. That’s above the legal limit for commercial operators in Florida. Lack of sleep is not the only issue. Most people are naturally drowsy early in the morning, at midday, and late at night. Most truckers are on the road at these times.

Evidence in ordinary negligence fatigue claims includes erratic driving prior to the crash, the tortfeasor’s (negligent driver’s) schedule, and statements the tortfeasor made about drowsiness or fatigue.

The federal government has strict HOS (Hours of Service) laws. A violation of these laws could unlock the negligence per se shortcut. Tortfeasors could be responsible for crashes as a matter of law if:

  • They violate a safety law, and
  • That violation causes injury.

However, as mentioned, the government has waived some HOS safety laws. As a result, the negligence per se shortcut does not apply as frequently.

Third Party Liability

Negligent drivers are legally responsible for truck crashes. Frequently, a Port St. Lucie truck accident lawyer can hold shipping and transportation companies financially responsible for damages.

The respondent at superior doctrine holds employers financially responsible for the negligent actions or inactions their employees commit during the scope of employment. Florida law defines all these key terms and phrases in broad, victim-friendly ways.

Vicarious liability is usually very important in truck crash claims. Frequently, these victims sustain catastrophic injuries. So, the individual driver might not have enough insurance coverage to provide fair compensation. Third party liability gives these victims another recovery source.

Contact a Diligent Port St. Lucie Truck Accident Attorney

Large trucks often cause serious injuries. For a free consultation with an experienced truck accident lawyer in Port St. Lucie, contact Smith, Ball & Báez Injury Lawyers. Attorneys can connect victims with doctors, even if they have no insurance or money.

What Sets Us Apart

Committed to Fighting for Justice for the Injured
  • Over $100 Million Recovered

    Our results speak for themselves, and our team is dedicated to winning for you.

  • AV-Rated With Martindale Hubbell

    We are ranked by the most prestigious peer review rating an attorney can receive for high ethical standards and professional ability.

  • Over 65 Years of Experience

    With over 65 years of combined experience, our attorneys know what it takes to win for you while adhering to the highest ethical standards.

  • Award-Winning Attorneys

    Our attorneys are committed to excellence and are recognized for their hard work with many accolades from the legal community.

  • We're Not Afraid to Litigate

    We're trial lawyers at heart and don't shy away from the courtroom; we'll put our compassionate tenacity to work for you.

  • A Florida Firm With Extensive Resources

    No case is too big; we'll utilize our large network of experts, connections in the legal community, and deep well of resources to help you win.

Real Reviews from Real Clients

We're Deeply Committed to Every Case
    HIGHLY recommend Marci Ball and her staff.

    “I HIGHLY recommend Marci Ball and her staff. What a great team. I never felt like I was just a client.”

    - Courtney H.
    Smith and Ball is unlike any other injury law firm!

    “Smith and Ball is unlike any other injury law firm! Marci and Scott set themselves apart from other attorneys not only in their work ethic, skill, and decades of experience but in their compassion and dedication to their clients!”

    - Andrea L.
    Eternally grateful.

    “I really appreciate everything that Scott Smith and his law firm have done for me. They fought for me and litigated my case extensively.”

    - Rachel D.
    I would recommend Marci Ball to anyone needing a good and caring attorney.

    “Attorney Marci Ball handled a case for me while I was going through personal trying times. She did so in a very professional and empathetic manner.”

    - Jeannine V.
    These kind folks are highly recommended.

    “Scott Smith was very responsive to my case and kept me well informed about the progress that was being made on my behalf.”

    - Neal H.
    Working with Mr. Baez and Kimberly was a wonderful experience.

    “Working with Mr. Baez and Kimberly was a wonderful experience. Anytime that you need to enlist legal services there is a certain degree of uncertainty and anxiety.”

    - Kevin M.
    If I could give them ten stars I would!!

    “The Law Offices of Smith & Ball were awesome from start to finish. They walked me through what was going to happen step by step. Communicated well all the time.”

    - Ryan S.
    My best interest was always the goal.

    “Great work! I received a clear and patient commutation. I felt my best interest was always the goal. Nelson and Kim presented as a strong team, who showed a lot of medical knowledge.”

    - Tammy D.
    I will always call on Smith, Ball, & Baez, honest, fair, and family.

    “Called looking for a lawyer and was treated more like family. The first person that actually cared about my case other than myself. Marci Ball Elordi exceeded all my expectations, got me back everything I was owed, and more.”

    - Jeff B.
    Great recovery and excellent to work with!

    “Mr. Smith and his staff were amazing every step of the way during the intimidating legal process to those of us who are not used to it.”

    - Maryann V.

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