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Truck Accident FAQs

Truck Accident Attorney Florida | Fetterman & Associates, PA


Q: Is jaywalking illegal in Florida?

A: Jaywalking is a commonly used term that refers to crossing a street in a manner that violates traffic laws, such as crossing a street mid-block, or acting in a reckless manner, such as crossing in front of vehicles and disregarding traffic signals. While walking recklessly is illegal, crossing between signals is allowable in certain circumstances.

The Florida Department of Transportation states that pedestrians may cross mid-block under the following circumstances:

  • Pedestrians may cross mid-block if the nearest intersection does not have a traffic signal.
  • Pedestrians may not cross between adjacent signalized intersections.
  • Pedestrians must yield to all vehicles on the roadway.
  • Pedestrians must cross at right angles to the roadway, or by the shortest route possible to reach the opposite side.

If you have been seriously injured in a Florida pedestrian car crash, you need to seek legal counsel. Contact a West Palm Beach car crash lawyer at Fetterman & Associates at 561-845-2510.

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Q: I was a passenger in a West Palm Beach car wreck. Who pays for my injuries?

car wreck injuriesA: If you were riding in a car that has been involved in a Florida auto accident, you are eligible to receive compensation for your injuries. In most cases, the process is essentially the same as if you were operating the vehicle.

Since Florida is a no-fault state, your insurer (in this case, the driver’s insurer) will be responsible to provide compensation for your injuries regardless of who is determined to be at fault in the accident.

However, please be aware that the insurance company is not going to willingly hand you over all the money you may need to take care of your medical needs, especially if the injuries you sustained are severe or life-long.

In this case, the insurance company may offer you a payout that they claim will cover your injuries. Although this may seem tempting, DO NOT SIGN ANYTHING until you consult with a West Palm Beach accident attorney about your injuries.

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Q: Does it Matter Which Side of the Road I Walk on in Florida?

A: If the road you are traveling on has sidewalks, either on both sides or only on one side, you must walk along the sidewalk. It is acceptable to walk on either side of the road as well as with or against traffic as a sidewalk separates you from the vehicles on the roadway.

It is only permissible to walk along a roadway when sidewalks are not provided. In that instance, you should walk along the shoulder on the LEFT side of the road, AGAINST the flow of traffic.

Stay as far to the side of the road as possible in order to allow adequate room for oncoming vehicles to pass.

Please keep in mind that this direction is the opposite of cyclists, who are required to ride along the RIGHT side of the road, WITH the flow of traffic.

If you have been injured in a Florida pedestrian accident, contact a West Palm Beach accident attorney at Fetterman & Associates.

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Q: Can I ride my bike against traffic in Florida?

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.

Q: I was in a Florida hit-and-run accident. What do I do now?

A: If you have been injured in a Florida hit-and-run crash, you need to call the police. They will want to know everything you can remember about the vehicle that hit you or your car, such as the license plate number, make, model, year, color, and a description of the driver.

This type of Florida car accident makes it very difficult to recover damages from the other driver, as they are often not found and charged for the damages.

If the police are unable to identify the driver, or if the other driver does not have insurance, you should be covered by your uninsured motorist (UM) coverage.

If you have been seriously injured in a Florida hit-and-run accident, you need to contact a West Palm Beach accident attorneys at Fetterman & Associates today.

We can help you recover damages from the other driver, or if the other driver has not been identified, we will ensure that you receive the compensation you deserve from your Florida UM coverage.

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Q: What are the signs of a traumatic brain injury?

A: It is not uncommon for the victim of a West Palm Beach car accident to suffer a Traumatic Brain Injury (TBI). The symptoms of TBIs can range from mild to severe. Some symptoms are immediately evident, while others may not surface until days or even weeks after the injury. A person with a mild TBI may experience the following symptoms:

    • Dizziness
    • Headache
    • Confusion
    • Blurred vision
    • Ringing in the ears
    • Bad taste in the mouth
    • Fatigue or lethargy
    • Change in sleep patterns
    • Behavioral or mood changes
    • Trouble with memory, concentration, attention, or thinking

A person with a moderate to severe TBI may show these same symptoms, but may also have additional symptoms, such as:

    • Headache that gets worse or does not go away
    • Agitation
    • Restlessness
    • Increased confusion
    • Weakness or numbness in the extremities
    • Loss of coordination
    • Dilation of one or both pupils
    • Inability to awaken from sleep
    • Repeated vomiting or nausea
    • Slurred speech
    • Convulsions or seizures

Babies or small children who have suffered a TBI may show some of these symptoms, but may also show signs specific to younger children, such as:

  • Refusal to nurse or eat
  • Persistent crying
  • Inability to be consoled

Anyone who is experiencing these symptoms and suspects that they may have suffered a TBI should seek prompt medical attention. If you or someone you love has been severely injured in a West Palm Beach car crash and has suffered a TBI as a result, contact Fetterman & Associates for a free consultation.

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Q: Why is the insurance company taking so long to settle my car accident claim?

A: If you are involved in a West Palm Beach car crash, you must remember that insurance companies are not in the business of helping innocent people; they are in the business of making money. This money often comes at the expense of those who need it most.

The liable party’s insurance company will usually contact you soon after the car accident to make you a settlement offer. It is usually not a good idea to accept this offer, which will probably be at the bottom of their approved settlement range.

Insurance companies try to settle their claims for as little as possible, even if it means not giving victims enough money to cover their car repair costs or their injuries.

If you are having trouble agreeing to a settlement with an insurance company, they may stop negotiating and may sit and wait. This is a powerful tactic because they know you need the money more than they do.

Your car needs to be repaired, and you have medical bills piling up. Pressured by the financial consequences of your accident, you may be more likely to accept a low settlement after a few months.

If you are getting the runaround from an insurance company, you need to contact a West Palm Beach car accident attorney at Fetterman & Associates today. We will fight the insurance companies to ensure that you receive the compensation to which you are entitled.

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Q: What do I do if I’m involved in a West Palm Beach auto accident?

A: If you’re involved in a West Palm Beach auto accident, you should:

  • Report the accident to the proper authorities.
  • Stay at the scene. Do not leave the scene of the accident until you are dismissed by authorities.
  • Take complete notes about the events that led up to the accident while it is still fresh in your mind.
  • Take photos and videos of the scene, including the damage to your car, all involved vehicles, and the surrounding accident scene.
  • Get contact information, including names, addresses, telephone numbers and e-mail addresses, from all witnesses.
  • Collect contact information from all drivers and passengers involved, including insurance information, license plate numbers and driver’s license information.
  • Keep good records of all medical costs, car repair or rental costs, and lost income you have sustained as a result of your accident.
  • Seek prompt medical attention, even if you do not feel injured. A doctor may find injuries that you didn’t realize you had sustained.

Finally, be sure to seek the advice of an experienced West Palm Beach car crash attorney. The attorneys at Fetterman and Associates will speak with you about your injuries and let you know whether they believe it would be in your best interest to have an attorney on your side.

Our West Palm Beach auto accident lawyers will fight to ensure that you receive the compensation you need to get your life back on track. Contact our office today at 561-845-2510.

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Q: Should I notify my insurance company if I’m in an accident?

A: If you have been involved in a West Palm Beach auto accident, it is your obligation to notify your insurance company.

Most insurance companies require that their policyholders report all auto accidents. The insurance company will want to gather some basic information about the accident for their records.

Your insurance policy obligates you to cooperate with your insurance company; avoid making statements about who is to blame for the accident, however, especially if you believe you may be at fault. Only relay facts about the details of the accident.

Your insurance company may also ask you for a recorded statement. Although you are required to cooperate with your insurance company, you are not required to give a recorded statement. It is usually not in your best interest to give a recorded statement, as anything you say can be used against you.

If your West Palm Beach car crash was caused by the negligence of another, you should seek the advice of a qualified West Palm Beach auto accident lawyer. The attorneys at Fetterman and Associates can help you navigate your way through the dos and don’ts of a West Palm Beach car crash. Contact our office today at 561-845-2510 to ensure that your rights are protected following a West Palm Beach auto accident.

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Q: What is mean by the term “wrongful death”?

A: The term “wrongful death” usually refers to an accidental death which is caused by another person’s negligence or carelessness. Even though the death is usually unintentional, the defendant is responsible for providing monetary compensation to the victim’s survivors.

A West Palm Beach wrongful death can occur due to a variety of different reasons and circumstances. Some common reasons for a wrongful death include:

  • Automobile accident
  • Train accident
  • Truck accident
  • Pedestrian accident
  • Drowning
  • Construction accident
  • Falling from a height
  • Medical malpractice
  • Drug mistake
  • Defective product

The victim’s survivors may be compensated for:

  • Medical expenses as a result of the injury
  • Funeral expenses
  • Loss of income
  • Loss of benefits, such as insurance and retirement
  • Loss of companionship
  • Loss of parental guidance
  • Pain and suffering

The survivors may also be compensated for services that the deceased provided, such as housekeeping or transportation.

When an adult dies, it is much easier for the court to quantify the value of the loss, as they can consider the wages earned and expected as well as the deceased’s contribution to his or her family. When a minor child passes away, it is not as simple, as children do not normally contribute to household income They do contribute, however, in other, more meaningful ways. This is the type of case in which the loss of companionship and affection is weighed heavily.

Wrongful death cases are very complex, and involve a variety of different factors. If your husband, wife, child, sibling, or parent has suffered a wrongful death, contact a West Palm Beach wrongful death attorney at Fetterman and Associates. As always, the initial consultation is free.

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Q: If a Florida car accident was caused by the other driver, who is responsible for the medical bills, lost wages and other damages?

A: Our state has a no-fault statute that requires all Florida residents to use their own PIP insurance coverage, which pays for 80% of your medical bills and 60% of your lost wages.

There is usually a limit of $10,000. If you suffered a permanent injury, you may be able to recover pain and suffering damages from the driver who caused the accident. In that situation, you should definitely consider contacting a West Palm Beach car crash lawyer for assistance with your claim.

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.

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Q: Does Florida Have A Texting Ban?

A: Governor Charlie Christ promised to sign a Florida ban on text messaging, but no distracted driving legislation succeeded during 2010. In 2009, Florida legislature also rejected bills that would limit drivers’ use of cell phones and text messaging devices.

More than a dozen vehicle safety bills regarding talking and texting have been under consideration in the past several years.

Texting while driving has been conclusively linked to car accidents and fatalities in West Palm Beach. If you have been involved with a car accident due to a driver distracted by texting, contact an experienced West Palm Beach car accident attorney immediately.

Although all attempts to pass such a bill have recently failed, state representatives say that the statistics linking text messaging to car accidents and fatalities in Florida are too overwhelming to ignore and that they will be back with another piece of legislation that will address text messaging while driving.

If you or someone you know has experienced loss from a texting-related car accident in Florida, contact a West Palm Beach car accident attorney at Fetterman & Associates.

Our dedicated and experienced professionals will help you sort through the fear and confusion that often accompanies a devastating car accident and ensure that you get the compensation and protection you deserve.

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Q: What is pure comparative negligence and what does it mean to my Florida car crash case?

A: Pure comparative negligence is a partial legal defense which reduces the amount of damages that you can recover in a Florida car crash.

Essentially, it means that the compensation for your injuries will be diluted by the percentage in which you are found to be at fault for your Florida car accident.

For example, if you are in an accident with another vehicle and are determined to be 10% at fault, your compensation will be diluted by 10%; therefore, if your case is worth $100,000, you will only receive $90,000. This rule applies at all percentages.

Because determination of fault is something that is subjective, you could end up being blamed for more of a percentage than you actually contributed. This is why it is especially important to work with a Florida accident attorney who is experienced in handling these types of cases.

If you have been injured in a Florida auto accident, contact Fetterman & Associates at 561-845-2510.

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.

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