Involved in a two truck MVA..have some questions.

Discussion in 'The Welcome Wagon' started by Injuredguy007, Apr 16, 2018.

  1. Injuredguy007

    Injuredguy007 Bobtail Member

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    I'm a company driver that was not at fault at all in a two truck MVA in January. I was injured in the accident and out on workers compensation. My question is I'm looking to possibly sue the other company and has anyone been in a similar situation that could offer any advice? Thanks in advance guys and be safe out there!
     
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  3. Jimmy Hoffa

    Jimmy Hoffa Medium Load Member

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    Talk to a personal injury lawyer, there's about a billion of them out there.
     
  4. shogun

    shogun Road Train Member

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    Always carry a neck brace, and get out of the truck before anyone sees you and start flopping on the ground. If that fails, call The law offices of Dewey, Cheatam and Howe.
     
  5. pmdriver

    pmdriver Road Train Member

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    Was the injury noted at time of accident? If not you will have to prove that is what happened.
     
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  6. Injuredguy007

    Injuredguy007 Bobtail Member

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    Have talked to a personal injury lawyer,since I'm on workers compensation he said that general rule is that it forfeits my right to sue. To PMDRIVER yes my injuries were documented in the ER that evening.
     
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  7. Injuredguy007

    Injuredguy007 Bobtail Member

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    I have,was more looking for anyone that has been in a similar situation. Not trying to get millions,just what other drivers went through. I hate not working and having to heal. Had another truck pull out in front of me and left me nowhere to go...pretty ####ty day.
     
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  8. x1Heavy

    x1Heavy Road Train Member

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    We both been hit and have hit.

    The suing usually starts as soon two scored a lawyer against me and my company twice. I went after covenant once on ADA in 96. Im persona no grata there now.

    Workman comp is there yes. Documentation in the ER or trauma hell yes. No narcotics please I gotta get that load finished and the next one picked up tonight or morning. Doctors look at me funny. I was a tough cookie back then. Most people cry for narcotics and want to be waited on hand and foot. I could not be bothered to wait for the XRays to develop. If it aint broken.... HIT yes. OW yes but not broken. (Arthritis will come later into all those places in life but that's something I have been dealt with 30 years prior to expected onset)

    Im sorry I cannot provide exact details. A friend had a MVA with another. Other driver was killed. The prosecutor referred the case to the State to possibly prosecute. Long story short that driver did not die immediately. He lived long enough to die beyond a date at which there was a possibility of prosecution. And that was the end of that as far as the State was concerned. It gave that man his life back. He sit for 5 months at home wondering is this it?

    Ive been hit, Ive hit peoples cars sometimes totaled them. One thing is sure as death and taxes the lawyers get involved. Either by you or against you. You can absolutely count on that.

    Lesson One in trucking school. You do not hit any human with that 18 wheeler if at all possible. If that human is on a bike, on foot or in a car setting you up as a insurance fraud you cannot prove because you have been too cheap to purchase a decent 100 dollar HD camera tonight.

    The worst thing about getting hit, I was once flipped off my flatbed deck trying to wrestle a huge coil against a binder and lead pipe 5 feet long. Coil groaned and shifted deep into the cradle wherever it wanted to go. THUMP. That pipe came off the binder PING. My little 140 pound butt went soaring.

    I spent that time saying my last prayers and keeping loved ones in mind before the smash on that concrete way down there.

    It was the one time I accepted Morphine IV for a few hours while scans came back. It was a nice taste of why people would like that medicine. But I could not do very good driving for a week or so. Dispatch hung me out to Jersey off 78 and told me to call them when I feel better. That took 8 days.

    Lumps take a long time to get out of a trucker. Let me tell you...

    The hospital bill came to 7600 dollars for a day and half. (Overnight observation after 5 hours ER/Trauma examination and scans) Blue Cross and Shield paid it gratis. All of it.

    This was a long, long time ago before there was even a Obamacare. And the one time that health insurance functioned properly.
     
    Last edited: Apr 16, 2018
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  9. Diesel Dave

    Diesel Dave Last Few of the OUTLAWS

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    I’m not a sue happy individual. I have never sued anyone in my life. Many use it as a scam and make a living at it.
     
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  10. buddyd157

    buddyd157 Road Train Member

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    document everything. save all letters from everyone. on workman's comp, you may need x-rays, MRI's, CT scans, etc. you might need meds.

    you should not have to spend a dime of your money.

    good that you got a lawyer, otherwise the comp insurance can be jerks to you. the lawyer protects you.

    do not settle fast. take your time, make sure you are well healed.

    cuz once you settle, that's it, you're done should something else develope.

    now the down side........a settlement.........you are on comp, in effect, you are collecting from your employer's insurance. you may not be able to collect any monies from the other company, as you said, you forfeited that.

    if you get a settlement from YOUR employer's insurance..??

    you have to resign......and never to be able to work for them again.

    if they are a member of DAC, they will make an entry that you were let go, and NOT rehirable.

    too bad you didn't get on TDI (temporary disability insurance) if your state has that..mine does.

    you could have been put onto that, and able to sue anyone you'd want to.

    you're kinda in a pickle now.

    go back to work and need more healing, and screw yourself from very important healing time, rehabbing, and meds, or stay out longer and collect a settlement and NO job from your employer.

    your attorney may not have well advised you, especially IF your state has TDI insurance.
     
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