Issue is the lawyer can argue that the incident has made his back problems worse. I know this because of my mother. She had an accident 10 years ago someone t boned her hit the left fender and it messed up her back, took about 2 years of therapy to get her able to get back to working. Then about 8 months ago same thing happened, some young kid that just got his license months ago ran a stop sign and tboned her right at the driver side door. Impact wasn’t too bad since the roads were both residential slow speed limits. They estimated impact was maybe 15 mph the door impacted but still able to open and close. Now the issue is my mother healed from years ago but was never the same but much better than she was and now add she’s in her late 40’s and got into another one she couldn’t walk for 6 months after that accident because the doctors had to shave off some of her disk to stop it from pinching a nerve or something not really knowledgeable in that area. But anywho she got a lawyer and had argued that although she had problems before she was still functionable but as a result of the impact it has made her condition much worse.
FYI if you’re wondering why the accidents we live in jersey no one knows how to drive here lol
Company being sued ?
Discussion in 'Experienced Truckers' Advice' started by CgJr54, Sep 3, 2019.
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Physical therapy three times a week is billed at 5000 a month, insurance paid 3000 I pay nothing.
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Thanks guys! Your concern and advice IS GREATLY APPRECIATED! The accident happened at the end of April and I believe is coming to an end soon. God be with you all in your days and travels and also your families. Thanks!
deathB4decaf Thanks this. -
Sadly, in this industry, you are guilty no matter what the court decides. Many of the larger trucking companies are self-insured. Fmcsa rules state that you, the driver, are suppose to report any infraction to the company within 30 days.
They have the attitude that you are guilty, based on the citation, no matter the facts or the outcome in court. They take punitive actions against the driver, even before the court date.
You could complain, but you would still suffer the punishment or even dismissal.
I was called into safety one day and accused of leaving the scene of an accident. My logs proved that i was over a thousand miles away from the location of said accident. However, the safety director maintained that i was somehow involved, because the victim gave my truck number. I was told i had to go thru a safety refresher course and forfeit $500. I mentioned that my personal lawyer would be in contact with the owner and suddenly, it was, "well, lets just forget all of this".
So, stand your ground but depending on company policy, a lane change accident might be cause for termination.jammer910Z Thanks this. -
Someone said you can file a lawsuit for anything, that is no joke. a fuel truck driver for a construction co. I worked for in Houston, left the pump on when he fueled up the diesel tank on our fuel truck and took off down the road. It blew the hose under the truck and sprayed diesel on the asphalt for a couple of miles, causing 26 minor wrecks, no injuries.
A gal driving a sears delivery van was the last one to wreck, we actually saw her, and she was the only one to file a lawsuit. She did not claim she was injured at all, she claimed dit ruined her sex life. lol the insurance settled with her, I do not know for how much. lolx1Heavy Thanks this. -
What you need is an attorney willing to take do a background check on the injured person. If they have a history of arrests, substance abuse, workmans comp claims or frivolous lawsuits. This is pretty low hanging fruit, as anyone can go to police departments one at a time and walk out with arrest records on anyone. It wouldnt be too hard to get a dismissal if the background showed they were a med seeker. Those people are constantly going to the ER with hangnails needing a pill. If the person walked away just fine from this incident and then later had all these issues youre probably ok. But dont think the law administers justice impartially.. You want a good lawyer .. Meaning one the judge is partial to.
Years ago during a snowstorm at a gas station i had a meth head fresh out of prison put his moms truck right behind me as quick as he could so i would back into him at the pumps and cover 2 other accidents hed had in it. My insurance paid the claim but i let them know what he was up to and they didnt hammer me over it. Seems a routine part of the insurance business and they probably have the right quiver of lawyers/private investigators for it.CgJr54 and Midwest Trucker Thank this. -
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What gets me is the OP got the original citation (later dismissed), but he also states TWICE in separate posts that THEY ran into him.
This is what's wrong with the justice/judicial system.
It's ridiculous that we're always guilty even when we're innocent as school girls.
They'll nitpick us to death to find the least discrepancy even when the most horrendous and egregious actions were at the hands of the other party.x1Heavy, FoolsErrand and xsetra Thank this. -
At the OP... The insurance company will take care of everything and it’s up to your company what to do with you.
Same driver still drives for me and I never considered letting him go.Last edited: Sep 5, 2019
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