Need advice relating to accident, and personal injury.

I don’t have any legal advice for you but you just reminded me why I will never team drive. Ever. And I don’t understand those that do unless it’s like a husband and wife team. I just don’t trust anyone else in control of that truck while I’m sleeping in the back. Good luck to you though driver. Definitely get yourself some legal advice. And don’t underestimate your injuries. Sometimes those injuries can come back to nag you when you’re older

 

If your a company driver 100% go see a lawyer and at least have a conversation with them. You were hurt by someone else's actions.

 

Go and do everything to get what is necessary for your physical and financial well-being. As @Lennythedriver said don't under estimate those injuries. I would hope they don't come back to nag you later. Mine did in a bad way. All the best to you and your family. P.S. Your wife is right

 

First you need a lawyer to make sure the WC pays for the medical. Also they will explore the company’s insurance responsibilities to recover some lost income,

however …

Here is the problem, when you go to this personal injury crap, it comes to who are you going to sue?

Your co-driver?

chances are you won’t get a penny,

the owner of the fleet?

They shouldn’t even be a consideration because they didn’t cause the accidents even indirectly.

So workman’s comp is the only place to go.

 

Definitely get a WC attorney. If you have any long lasting disability, a lawyer is about the only way to get fairly compensated .... after the snake takes their cut.

 

Everybody hates lawyers…… until you need a good one.
Definitely consult one.
Why not ‘explore’ suing your employer?
It was their employee, while on duty that caused the issue. Even though you were ‘off-duty’ at the time, you still were under control of the company at the time.
Maybe the company didn’t due their ‘due diligence’ during the hiring process of the co-driver?

 

It’s a work place injury, so WC is the first place to seek compensation, which should include lost wages.
Beyond that, you were injured due to the actions of your co-worker during his work hours, which means the company has liability.

if you consult a lawyer, be really careful about signing a contract. If it’s a contingency, their motivation will be to swing for the fences, rather than take a reasonable settlement quickly. If you pay hourly, their motivation is th get lost in the weeds for years and milk the hours. YOU have to manage the case and direct the lawyer. I suggest doing an initial consult with three or four.

But, I would not play the lawyer hand until talking to your company and discussing how they will address their liability in this case. It might be covered under their truck liability or business liability policy.

 

By the other driver refusing a drug test you pretty much are guaranteed to win any case for compensation as your company is liable. Don’t feel bad about it as that is what insurance is for. I would seek legal counsel.

 

Providing workman's compensation protects the employer from some liability but it looks like OP has a few additional reasons for seeking more than just surgery and/or therapy. Lawyer specializing in WC is needed, sorely needed.