Truck Accident FAQs
A: All parents know that children are constantly in danger. Not only do they need to be protected from strangers and sharp objects, but the simple act of walking down a sidewalk can prove fatal for a child. Over 600 children are killed every year in pedestrian accidents in the U.S. The best method for fighting this trend is by teaching children the biggest risks when walking near roads in West Palm Beach (and how to avoid them):
- Use the crosswalk : There are usually crosswalks in designated school areas, but tend to get further and further apart in rural areas. Mid-block crossings are a common site of pedestrian accidents, since children will often dash across a road rather than walk to a safe crossing.
- Look both ways at driveways : Children may look both ways when crossing a road, but almost never do the same with driveways. Unfortunately, many drivers won’t bother to look either, resulting in back over accidents or broken bones.
- Make a plan : You can greatly reduce your child’s risk by planning a consistent route to and from school that has adequate sidewalks, a good distance from the road, and neighbors along the path where children can go to get help if one of their friends is in an accident.
A: Highway hypnosis-also known as white line fever or driving without paying attention is a condition where a driver will have gotten into his car and driven from A to B without any recollection of making the journey. As its name suggests, it is a common occurrence on Florida expressways and other areas where people can drive for long periods of time without stopping, turning or having any breaks from driving continuously. The reason drivers are able to “drown out” car journeys has to do with the brain’s ability to multitask. When the driver is preoccupied by his thoughts, his brain directs his body to complete the tasks of driving without the driver really paying any attention. Most of the journey is completed through muscle memory-the feeling of putting the car in gear and moving your right foot back and forth-and subconscious triggers rather than a fully conscious state. This inattention to the road can have serious consequences in West Palm Beach car accidents. Distracted drivers often suffer slower braking, diminished stopping distances and less ability to make quick decisions on the road. If you or someone you love was injured in a Florida auto accident, contact the trusted West Palm Beach car accident attorneys at Fetterman & Associates today at 561-845-2510.
Q: A car rear-ended me on the Turnpike and it turns out the driver doesn’t have auto insurance. I’m not sure what to do, because I am now dealing with painful injuries and can’t work. Should I sue the driver despite the fact that he doesn’t have insurance?
A: If you live in Florida, you should have PIP insurance coverage included in your policy, which covers a portion of your medical bills and lost wages. The maximum limit for PIP coverage is usually $10,000. In order to recover other damages, such as pain and suffering, you would need to show that you sustained a permanent injury. You could then pursue a lawsuit against the other driver for your car accident on the Turnpike. The problem you could end up facing, though, is that if this driver didn’t have auto insurance, there is a strong possibility that he also doesn’t have assets to pay a judgment. You should check your policy to see if you have uninsured/underinsured motorist coverage. This coverage is designed to protect you when the other driver either doesn’t have enough auto insurance or doesn’t have it at all. For more information, contact an experienced West Palm Beach auto accident attorney at our law firm. Recommended Posts:
Q: A car veered out of control into oncoming traffic and struck me head on. Who will pay for my medical bills?
A: Head-on Collisions are some of the most deadly kinds of car accidents in Port St. Lucie, usually resulting in serious injuries from both initial and subsequent impacts. Common injuries from head-on collisions in Port St. Lucie include cuts from broken glass, neck and head injuries, as well as broken bones. There can be numerous factors and causes behind your head-on collision; thus, establishing your Florida car accident injury case is not usually a simplistic task. It is important to speak to an experienced Port St. Lucie car accident lawyer to ensure that your rights are represented and medical bills and expenses are covered. If you or a loved one has fallen victim to injuries or death due to a serious Florida head-on collision, contact Fetterman & Associates at 561-845-2510. Their dedicated professionals are standing by to ensure you get the answers and compensation you and your loved ones deserve.
Q: A close family member is in a nursing home and is not getting the treatment and care she deserves. What can we do?
A: Every nursing home has an Ombudsman and your family member, or their health surrogate should have been given information on who the Ombudsman for the facility is and how they can be contacted. The Ombudsman is a representative of the state of Florida whose job it is to try to resolve problems between the facility and its patients. If the issue cannot be resolved, you should file a complaint with the Ombudsman who can order an investigation. It is also your right to call an attorney.
Q: A driver in a rental car hit my car in West Palm Beach; however, they were not listed as a driver on the rental car agreement. They also aren’t listed on the renter’s personal insurance policy. Both the rental car company and the insurance company are saying they are not responsible for my claim. Who pays for my injuries and repairs?
A: So long as this Florida auto accident was not your fault, the driver of the other vehicle should be held liable for damages. This is where a police report is crucial to your case. A police report will not only list the cause and fault of the accident, but it will also include the name and information of the driver responsible. If you do not have an accurate police report, your claim could be in jeopardy. Insurance adjusters are notorious for trying to place the blame elsewhere and not pay you what you rightfully deserve. This is a complicated case with many different factors involved. It would be in your best interest to consult with an attorney to ensure you receive the compensation to which you are entitled. To schedule a FREE consultation with a West Palm Beach car crash lawyer, contact Fetterman & Associates at 561-845-2510.
A: While Florida trucking accident cases have more complex factors than other types of injury claims, a knowledgeable accident lawyer can build a strong case on your behalf. Truck accident claims generally take longer to resolve, as enough time needs to be allocated to properly investigate the details of the collision and to gather the necessary evidence. The trucking company, insurance company and any other parties involved will work hard to defend themselves, so that they are not liable for your injuries. At Fetterman & Associates – The Law Team, we have extensive experience representing large truck accidents and we are not afraid to go to battle against the defense team.
Q: Can a company or truck driver be held liable for truck accidents that occurred due to violating the hours of regulation?
A: West Palm Beach truck accidents are dangerous; due to the massive size and high speed of these big rigs, a Florida truck accident can often mean fatalities for vulnerable passenger vehicles. The Code of Federal Regulations – Title 49: Transportation states that no person “shall aid, abet, encourage, or require a motor carrier or its employees to violate the rules” of the FMCSR. (49 C.F.R. § 390.13- Article) It is common for carriers to schedule deliveries that cannot possibly be accomplished without breaking the hours of service rules. However truck drivers, truck companies and truck company owners are all responsible to ensure that drivers comply with the Hours of Regulation rules—important regulations designed to avoid the increased likelihood of accidents and fatalities associated with driver fatigue. If you or a family member has been seriously injured in a Florida semi truck crash, contact a West Palm Beach County truck accident attorney at Fetterman & Associates to ensure your rights are properly protected.
A: Every day, we rely on doctors to know more than we do. Never is this more important than when we go in for a cancer screening-when we are told we are cancer-free, we will believe the diagnosis and go about our lives. This is why a West Palm Beach Cancer Misdiagnosis is a particularly harmful form of medical malpractice. A patient’s chances of survival are severely reduced as the stages of cancer progress. For example, a patient being treated for late-stage cancer has 80% less chance of survival than a patient whose cancer was detected early.
Doctors may be held liable if they have:
- Demonstrated a poor standard of care
- Misread or misinterpreted test results
- Failed to biopsy, aspirate or test a suspicious lump to rule out a breast cancer diagnosis
- Declined to order hospital scans or further testing because it was “unnecessary” or “expensive”
If your doctor’s negligence delayed your cancer treatment, we can help you seek justice and stop your physician from making the same mistake again. Contact Fetterman & Associates today to get started on your West Palm Beach medical malpractice case.
A: The weakened mental and physical state of the elderly can sometimes make them easy targets for emotional abuse from stressed workers in short-handed, understaffed Florida nursing homes.
Emotional and Psychological Abuse
There are many ways in which emotional and psychological abuse occurs in West Palm Beach nursing homes. Emotional or psychological elder abuse is defined as: “Inflicting mental pain or distress on an elder person through verbal or nonverbal acts”. Because there is often no physical evidence of emotional abuse, it is critical to stay on guard to the common signs of emotional and psychological nursing home abuse. Nursing homes have a legal responsibility to ensure proper care of elderly residents, and to exercise reasonable care to ensure that staff is properly trained and supervised. If your loved one has experienced psychological or emotional abuse at the hands of a nursing home staff member, it could constitute nursing home negligence; the facility might be liable.
What You Should Do
Due to the complex but highly serious nature of these situations, it is critical to be armed with the knowledge and expertise you need. An experienced West Palm Beach nursing home abuse attorney will help determine the best course of action to protect the rights of your loved one. If your loved one has experienced Emotional and Psychological Abuse in a Florida nursing home, contact Fetterman & Associates at 561-845-2510.
A: West Palm Beach bicycle accidents are a common occurrence; they can cause serious injuries as a result—including head injuries. According to the center for disease control and prevention, upwards of 500,000 people in the United States are treated in the emergency room due to bicycle-related injuries. Perhaps even more shockingly: more than 700 people die due to this fun, exercise-oriented hobby each year. If you or a loved one has experienced injuries related to a serious bicycle accident, it is important to contact an experienced West Palm Beach accident attorney.
Bicycle Helmets and Serious Brain Injuries
Injuries due to bicycle accidents can be caused by a variety of factors; however, most cases involve drivers who did not see or were not aware of the cyclist. Due to the sheer size of a car and the vulnerable nature of those on bicycles, it is more than advisable to take advantage of every safety feature available. According to recent statistics released by Safe Kids USA, Bicycle helmets have been shown to reduce the risk of head injury by as much as 75 percent while offering substantial protection to the face and forehead. In addition, brain injury may be reduced by as much as 88 percent with proper bicycle helmet use. Currently, 21 states as well as the District of Columbia have enacted some form of bicycle helmet legislation.
You May be Due Compensation
If your bicycle accident was due to the negligence or careless driving of another individual, you could be entitled to compensation. If you or your family has experienced a serious bicycle accident, contact Fetterman & Associates at 561-845-2510.
A: In Florida, it is illegal to ride your bicycle against traffic. Not only does this extremely dangerous act increase your likelihood of being involved in a Florida car crash, but you will also be ticketed for a moving volition if you are caught riding the wrong way. A bicycle is legally defined as a vehicle and has the same rights as any other vehicle on the roadway. Along with these rights comes the responsibility to obey all traffic laws including stopping for stop signs and stoplights, riding with the flow of traffic, using proper lighting when riding at night, and yielding to the right of way of other vehicles when entering and exiting a roadway. If you have been seriously injured in a Florida bike crash because of another driver’s negligence, you may have rights to compensation. Contact a West Palm Beach car wreck attorney at Fetterman & Associates for answers to all of your Florida bicycle accident questions.
A: Nursing home and assisted care facility residents in Florida are guaranteed rights under the Nursing Home Reform Act of 1987. The staff and administration of such facilities have a responsibility to provide adequate staffing and supervision to prevent resident on resident assault. If you suspect that your loved one has endured resident on resident assault or abuse due to lack of staffing or proper procedures in a nursing home, that facility may be liable. Recent studies have shown evidence that resident on resident assault is an extremely widespread issue, and may be an even greater concern than direct abuse from staff members. If you feel your loved one has been a victim of resident to resident assault, contact a West Palm Beach nursing home abuse lawyer at Fetterman & Associates. Their dedicated and experienced professionals will help you to assess the situation and determine the best course of action to ensure that your loved one is safe from resident on resident assault.
Q: Can the truck company be held liable if my accident was due to an aggressive West Palm Beach truck driver?
A: It is very important to recognize and identify the signs of aggressive truck driving, which could be vital information during a West Palm Beach truck accident injury case. Several parties –including the truck company– may be found liable if a court decides that the accident was due to the negligence of the organization. An experienced West Palm Beach truck accident attorney may be able to establish the following:
- The defendant owed the plaintiff duty to exercise reasonable care.
- The defendant’s failure to implement reasonable care caused plaintiff’s injury.
- The defendant failed to exercise reasonable care.
Truck and insurance company representatives are out to ensure that they protect their operation. They want to expose themselves to as little loss and liability as possible. When going to bat against major corporations who may not be operating in your best interests, it is vital to work with an experienced West Palm Beach truck accident attorney with the knowledge and expertise to fight for the compensation you deserve. Don’t Face Serious West Palm Beach Truck Accidents Alone The factors in truck accidents are frequently complex. Don’t deal with West Palm Beach truck accidents due to aggressive driving alone. If you have experienced death, loss, or injury due to a serious Florida truck accident, contact Fetterman & Associates at 561-845-2510
A: Nursing homes have a legal responsibility to ensure proper maintenance and monitoring of vital issues such as hydration and nutrition. Nursing home negligence can contribute to or cause malnutrition or dehydration in a variety of circumstances, including:
- Shortage of staffing (causing residents to go without nourishment or hydration for extended periods)
- Failure to properly train in nutrition programs or implement hydration strategies
- Failure to properly monitor nutrition or hydration
If your loved one has experienced serious health issues arising from dehydration and malnutrition due to nursing home negligence, the facility or nursing home could be liable. Due to the complex but highly serious nature of these situations, it is critical to be armed with the knowledge and expertise you need to ensure the safety of your loved one. Contact a West Palm Beach nursing home abuse lawyer at Fetterman & Associates to speak to an experienced nursing home neglect attorney. They will help you sort through the confusion and emotional duress to determine the best course of action.
Swift Action Could Make a Life or Death Difference
If you suspect that your family has been a victim of West Palm Beach nursing home abuse or negligence, the life of your loved one may depend on your taking action. If your family member has experienced medical problems arising from dehydration due to nursing home neglect, contact Fetterman & Associates.