Car/Truck/Motorcycle/Bicycle Accidents

Car Accidents and Truck Accidents

Types of Car Accidents We handle:

  • Car accidents
  • Truck accidents
  • Motorcycle accidents
  • Golf cart accidents
  • Commercial vehicle accidents
  • Uber and Lyft accidents
  • Personal vehicle accidents
  • Rental car accidents
  • Test driving accidents
  • Tractor trailer accidents / semi truck accidents/ 18 wheeler accidents
  • And More

The first thing you should do after being in an accident is pull over to the side of the road if your car is operable. If your car is not operable, turn on your hazard lights and get out of the vehicle and head to the side of the road to safety. Next, call 911 and insist on the police and an ambulance coming to the scene. If you tell the 911 operator that you are not injured, they will not send the ambulance to get you checked out.

While waiting for the police to arrive, make sure to take photos of the damage to both vehicles from different angles. Take videos at the scene if you are able. Make note of skid marks, if any. If your crash occurred in an intersection, make note of the traffic signal timing if you can. Pull out your auto insurance information and your vehicle registration from your glove box while you wait for the police. Do not speak to the other person or discuss the accident. If the other person says anything to you, try to immediately write down what they say so you can remember it later.

When the police arrive, speak to the police, and tell them how the accident happened. Share your insurance information with the police. Insist that the police officer complete a police report. Be cordial and polite to the police officer during this interaction.

The police officer will ask you if you are injured. Please remember that injuries are not always apparent at the scene and may take several days or even weeks for you to feel the full effects. You should obtain medical attention as soon as possible to rule out concussions, traumatic brain injuries, and spinal cord issues which are serious medical issues that may require immediate treatment.

After you are assured that you are physically stable for the time being, you will have many things you will need to do. The accident will need to be reported to your insurance company, you will need to get your car appraised and an estimate completed to repair it, or the car declared a total loss. Your insurance company may want to speak directly to you to obtain a statement as to how the accident happened. The at-fault driver’s insurance company may call you, wanting to lock you into a statement about how the accident happened, and may even attempt to settle early for a reduced amount before you know the full extent of your injuries.

Before you do any of that, you should contact an experienced personal injury lawyer, like the lawyers at Warner & Fitzmartin. We will help guide you through the legal process and will act as the go-between for you and the insurance companies. We will help you navigate this tricky process and help you with your property damage to your vehicle, your medical care, and ultimately helping get your medical bills paid as well as compensation for your pain and suffering.

Truck accident lawyers

Although all accidents are serious, the stakes are higher when a commercial truck is involved.

If you have been involved in an accident with a commercial truck, it is important to seek legal representation as soon as possible. An experienced lawyer can help you preserve critical evidence from the crash such as the data from the truck. There are many factors that may have contributed to the crash, including driver error, faulty equipment, overweight loads, improper training of the driver, improper licensure, and negligent hiring and retention of the driver. An experienced legal team can help you navigate the complexities of your truck accident and help build a case against the negligent driver and owner of the commercial vehicle.

If you are injured in a commercial truck accident, it is important to seek medical attention right away. As soon as you are physically able, you should contact an experienced commercial truck accident lawyer, like those at Warner & Fitzmartin. We have experience handling truck accident cases, are familiar with trucking laws and requirements, and can help guide you through the legal process, as well as work tirelessly for you to get the most compensation as possible. We are extremely responsive to your needs, and aggressively advocate for you against the trucking insurance company.

Truck accidents take place across South Florida at an alarming rate. Whether caused by driver error, driver fatigue leading to careless mistakes, road conditions, or violation of traffic laws, all trucking accidents are nerve wracking due to the sheer size and weight of the truck compared to other vehicles. Due to the disadvantage of the smaller passenger vehicles, these accidents often result in death or serious injuries for those involved.

If you have been injured in a commercial truck accident due to another’s acts of negligence, it is crucial that you act as quickly as possible to protect your legal rights. Insurance companies will try to take advantage of you unless you have an experienced lawyer on your side fighting for you.

If you are involved in a commercial trucking accident due to a driver or owner’s negligence, you are entitled to various types of compensation under Florida law. You are entitled to be compensated for your medical expenses, both in the past and in the future. You are also entitled to be compensated for your lost wages, both in the past and in the future. Additionally, you can seek compensation for your pain and suffering, loss of capacity for the enjoyment of life, disfigurement, and mental anguish in the past and in the future. If you were married at the time of the crash, your spouse may also have a claim for loss of consortium, which is for the loss of your companionship and services due to your injury. In certain circumstances, punitive damages may be sought against the trucking company. These damages are meant to punish the trucking company for egregious wrongs. We will be able to further discuss your particular damages with you during your free initial case consultation.

How do you know if Warner & Fitzmartin are the right attorneys for you?
We encourage you to call us to set up a free consultation, where we can get to know you personally and learn the facts of your case. There are many lawyers to choose from, but you have to have a connection with the right team who you know will be compassionate towards you and your family during this difficult time, but also know that the team will fight for you and advocate on your behalf in the courtroom. Rest assured, if you hire Warner & Fitzmartin, we will actually be your lawyers. Many firms partners are business owners and no longer practice law, but our team prides ourselves on being your personal contact throughout your case, from start to finish.


Bicycle accidents

Given the beautiful weather in South Florida, many Floridians love bicycling for exercise and enjoyment. Unfortunately, even bicyclists who choose to protect themselves with helmets and gear are prone to serious and sometimes fatal injuries due to erratic South Florida drivers.

Bicylists are obligated to follow traffic laws the same as pedestrians and motor vehicles. Bicycles can be legally operated on Florida sidewalks and crosswalks, but even the most careful cyclist is no match against a steel motorcycle or car.

Bicycles are so dangerous because they do not offer the protection that a motor vehicle provides. Bicyclists who have no protection other than a helmet and possibly clothing are up against faster, bigger, and heavier cars.

Because bicyclists are unprotected, in the event of a collision with a motor vehicle, bicyclists are prone to serious injuries. These injuries include lacerations, contusions, fractures, head injuries, traumatic brain injuries, paralysis, spinal cord injuries, loss of limbs and amputation, and often death.

Although wearing a helmet is optional in Florida for those riders over age 16, it is highly recommended to wear one. This is not only due to the extra head, brain, and spinal cord protection a helmet provides, but also because if you do not wear a helmet and are injured due to someone else’s negligence, the insurance companies will point the finger at the fact you did not wear a helmet as a reason to decrease or diminish your compensation. In Florida, if a person is partially at fault for causing their own injuries, their compensation will be reduced proportionally by the amount they are found to be at fault. It is important for bicyclists to mitigate their damages and protect themselves on the road.

If you are a bicyclist involved in a crash where you are hit by a car, truck, motorcycle, or other vehicle, it is important to take immediate steps to preserve your claim and set yourself up for the best chance at maximum recovery.

If you are physically able to, call 911 immediately. Insist that an ambulance come to the scene of the crash to check your vitals and advise whether you should be transported to a local hospital or not. This is especially important because bicycle accident victims are prone to internal injury that may not be visible immediately.

After you call 911, take photos and videos of the accident scene as long as you are able. Do not speak with the at-fault driver during this time, but if they approach you, make note of anything the other driver says to you such as apologizing or explaining what happened. Anything you say during this time can end up being used against you, so although it may be awkward, it is better to remain silent or unengaged from the other driver.

While you wait for the police and the ambulance to arrive, see if you have your auto insurance card in your wallet. If you do not have auto insurance, do not worry.

If you do not have auto insurance, you may still be able to qualify to receive personal injury protection (PIP) benefits if you live with a relative who owns a car, or even though the at-fault driver’s own insurance. PIP benefits pay for the first $10,000 of your medical bills, whether you caused the accident or not. In other words, these are “no-fault” benefits.

When the police officer arrives, speak to her out of earshot of the other driver. What you say to the police officer is protected by the accident report privilege and cannot be used against you in court. Let the officer investigate the accident and insist on the completion of a police report. Request a copy of the police report and make arrangements with the officer on how to obtain a copy.

Once the scene is cleared, there are several more steps that are necessary to preserve your claim. You should call an attorney as soon as you are able to, so they can walk you through the process and help take pressure off of you so that you can concentrate on your medical care.

An attorney will call in your claim to the insurance companies so you do not have to. The attorney will act as your liaison between the companies, and can also help you get your bicycle fixed or replaced as soon as possible.

Meanwhile, you should get immediate medical attention, especially to check for internal bleeding and internal injuries that are not visible to the naked eye unlike bruising, cuts, lacerations, and open wounds. These internal injuries may be life threatening and it is important to be checked out by a qualified doctor as soon as possible.

Contact the lawyers at Warner & Fitzmartin as soon after your bicycle accident as possible so we can help you preserve your rights and present the strongest claim for damages on your behalf.

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