GlockSpeed31 Posted January 3, 2008 Share Posted January 3, 2008 (edited) Ok guys, I have been thinking this over and just wanted to get some other opinions. Last Friday (12-28-07), it was raining very badly and had been for some time, so water was standing on the road. I was driving my Company truck (I work for a Internationaly known food company as a Route Sales Rep.) and was merging onto another interstate. I had a car skid and hydraplane into my truck, striking just behind the rear bumper (Pitt Manuver type impact). This impact caused my truck to spin counter clockwise 180 degrees. I came to a stop, facing the traffic that was following me. I didn't even know there was another car coming up beside me, much less one skidding in ny direction. I was busy watching my lane for free standing water so I wouldn't hydraplane. No one was hurt (at the time) and the other driver admitted to me and the police officer that it was his fault. The driver was issued a citation for the wreck. I had to drive the truck back to the warehouse and go for a manditory drug screen. No big deal. I get back to the warehouse to start back out on my route and my lower and mid back area start to bother me and I decide I need to go back to the DR to get checked out. I end up having Lumbar Strain and Thoracic Sprain. Dr prescribed Ibuprofin and a Muscle relaxer and refers me to a Physical Therapist. My company is paying for all of my medical expenses right now and has me on light duty until cleared by the DR. This basically doesn't cause me any real lost time of work or loss of money. I have had a couple different people suggest contacting an Attorney and sue the other driver. About the only thing I can think of sueing for is pain & suffering, seeing how my company is covering all other expenses. What do you think? Thanks for taking the time to read and reply to this. Edited January 3, 2008 by GlockSpeed31 Link to comment Share on other sites More sharing options...
GentlemanJim Posted January 3, 2008 Share Posted January 3, 2008 Buddy....that has to be your call! I would have mixed emotions about it.....you probably have them too. I just hope you heal up good as new!! Jim...the poet Link to comment Share on other sites More sharing options...
XRe Posted January 3, 2008 Share Posted January 3, 2008 Having been through something similar... I would suggest utilizing the other driver's insurance benefits as far as they'll go, including compensation for time off of work, any doctor's bills not covered by worker's comp, etc. Workers comp should pick up a bunch of it as well. If there's anything left over, I would ask the guy to pay it, and consider a law suit then if he won't pay it. You may also be able to get a small settlement out of his insurance company for your pain/suffering. Since you're not seriously or permanently injured, I'd leave it at that, assuming all your stuff is covered. Link to comment Share on other sites More sharing options...
Jake Di Vita Posted January 3, 2008 Share Posted January 3, 2008 I extremely dislike the idea of suing somebody for temporary discomfort. Link to comment Share on other sites More sharing options...
SA Friday Posted January 3, 2008 Share Posted January 3, 2008 1. Stuff happens. Sorry to hear about the accident. Speedy recovery. It's great you have a supportive employer. Go on with life. 2. I don't think suing someone for pain and suffering from an obvious accident is ethical. Intentionally inflicting pain and suffering would be another story. We all take on the risk of not making it back home every time we leave the house. Link to comment Share on other sites More sharing options...
GlockSpeed31 Posted January 3, 2008 Author Share Posted January 3, 2008 I extremely dislike the idea of suing somebody for temporary discomfort. Jake, Believe me, I am against the idea of sueing for something like that. I think that is what is wrong with this Country (well, one of the many things) is people sue for about anything. I just want to see how others feel about it, make sure I'm not shooting myself in the foot (no pun intended) and missing what might be due to me. That is why I wanted to ask here on BE, as I respect what the forum members here think. Link to comment Share on other sites More sharing options...
Jake Di Vita Posted January 3, 2008 Share Posted January 3, 2008 I gotcha. If it were a debilitating or permanent injury or was a case of extreme negligence (if he were drunk or otherwise impaired) I'd think differently...but as far as just an accident....they happen as I'm sure you know...and there's no permanent damage. I personally would just leave it be. Link to comment Share on other sites More sharing options...
Chris Keen Posted January 3, 2008 Share Posted January 3, 2008 I believe YOU are the only person who can decide "what might be due to me". Never expect more than you feel is right and you'll always be happy in life. Link to comment Share on other sites More sharing options...
ima45dv8 Posted January 3, 2008 Share Posted January 3, 2008 Michael, if you were that other driver, how would you of voted? Link to comment Share on other sites More sharing options...
GlockSpeed31 Posted January 3, 2008 Author Share Posted January 3, 2008 Michael, if you were that other driver, how would you of voted? Mark, If I was the other driver and I was acting foolishly, then I would expect to be sued. I wouldn't like it, but that is a reason why we do have insurance. This guy, I believe, was driving a little too fast for weather conditions. I think that is why he was cited. Link to comment Share on other sites More sharing options...
Neomet Posted January 3, 2008 Share Posted January 3, 2008 I agree with the above posters that it is a moral/ethical/personal choice thing on if you want to present a bodily injury claim against the other driver. That being said, I am in the buisness so would toss the following .02 into the mix. WC should pick up all of your medical bills and some of your lost wages. How much depends on your state's cap for lost wage benefits. If you are under that cap you should get an amount approximatly equal to your net wages back. Again depending upon which state you are in and the seriousness of your injuries you may be entitled to an award for permenancy. Doesn't sound like it based upon what you have written, but it is a possibility. If you decide to present a claim for bodily injury to the other person's insurance carrier I would point out that most attorneys will charge you at least 1/3 of any amount they recover. What I have always advised people who ask if they should get an attorney is that as long as they don't have a disagreement that can't be resolved for more than a third of the amount you are attempting to recover then it is probably not the best financial choice. They do insulate you from some of the crap of associated with handling your own claim as well, but you could almst certainly make your way through the claim process, it isn't really that hard. Again, as others have said, it really is a personal choice on presenting the claim. Hope you start feeling better soon! Link to comment Share on other sites More sharing options...
J-Ho Posted January 3, 2008 Share Posted January 3, 2008 See if you can get an out of court settlement for him to buy you a couple of beers. You might just become friends and invite him to start shooting. As a side benefit, beer makes a wonderful pain reliever/relaxer. Link to comment Share on other sites More sharing options...
Larry White Posted January 3, 2008 Share Posted January 3, 2008 As long as you come out of the deal whole and you are not out of pocket I would call it even. If you have disability or a lot of expenses its diffrent. Your company should recover thier expenses however.-----------Larry Link to comment Share on other sites More sharing options...
Pigdawg Posted January 3, 2008 Share Posted January 3, 2008 I would not personaly sue him but I will bet your company's insurance company is going to. Link to comment Share on other sites More sharing options...
Flatland Shooter Posted January 3, 2008 Share Posted January 3, 2008 Sue for temporary discomfort does not set well with me. It is possible that your employer will be going after the other driver for any costs it will or anticipates to incur. And what if your employer decides your injury may result in a long term drain on the company (reduced productivity and higher health costs)? I suffered a lower back injury while in college (1974) and it still causes problems on occasion. I'm not a doctor, but I'm a prime example that once damaged, some back injuries may never completely heal. I don't recommend a lawsuit, but I also don't recommend signing away any rights you may have to readdress the problem. As much as I hate to say it, I'd probably talk to an attorney just to be safe. Bill Link to comment Share on other sites More sharing options...
tightloop Posted January 3, 2008 Share Posted January 3, 2008 If you are not seriously hurt, thank your lucky stars and move on... Link to comment Share on other sites More sharing options...
Neomet Posted January 3, 2008 Share Posted January 3, 2008 GA does have a pretty short two year statute of limitations for bodily injury by which time you must either have settled your case or filed suit. Otherwise you do forever lose your right to present a bodily injury claim. (I'm assuming your accident occurred in GA) Link to comment Share on other sites More sharing options...
clown Posted January 3, 2008 Share Posted January 3, 2008 If you are not seriously hurt, thank your lucky stars and move on... +1 Link to comment Share on other sites More sharing options...
SiG Lady Posted January 3, 2008 Share Posted January 3, 2008 (Xre) "Since you're not seriously or permanently injured, I'd leave it at that, assuming all your stuff is covered." If the other driver were trying to deny everything and being an asshat about it, I'd be more proactive on the "sue him!' side of things, but as long as you're not out-of-pocket on any of this, you might just leave it all be. Save the heavy angst action for a REALLY big accident--God forbid, of course. Sorry to hear it all happened, though. A great inconvenience in your life at the very least. Link to comment Share on other sites More sharing options...
GlockSpeed31 Posted January 4, 2008 Author Share Posted January 4, 2008 I want to thank everyone for their opinions. As I said in the start, I do value all of your opinions. I just finished speaking w/ a local attorney and his response was to let it ride, for now. I do have 2 years from the date of the accident to legally do something about it. I am thankful to GOD for allowing me to walk away from this accident with just minor discomfort. I believe if both of us were traveling a little bit faster, my truck probably would have flipped over. Not fun being in a large panel box truck with just sheetmetal around me. It's a truck very similar to the UPS brown trucks. Thanks again for your opinions and well wishes. Link to comment Share on other sites More sharing options...
Flexmoney Posted January 4, 2008 Share Posted January 4, 2008 As long as you come out of the deal whole and you are not out of pocket I would call it even. If you have disability or a lot of expenses its diffrent. Your company should recover thier expenses however.-----------Larry +1 to all that. Link to comment Share on other sites More sharing options...
boz1911 Posted January 4, 2008 Share Posted January 4, 2008 Glad you're ok Michael, now get better and let's go shooting. As far as the lawsuit, that's up to you, but since you asked.......make sure you're 100 % physically and financially restored and let it go. Link to comment Share on other sites More sharing options...
G-ManBart Posted January 4, 2008 Share Posted January 4, 2008 If you have to ask I think you're probably leaning away from a lawsuit, which says something to start with. I wasn't there and I'm not dealing with the discomfort and annoyance you are, so I'm not going to judge either way. It sounds like the other driver was being decent and fessing up to the cause. They could have tried to suggest you'd cut them off or something like that and we all know how the bias is against anybody driving a commercial vehicle that's larger than a van. Figure that their insurance rates are going to go up, they'll have to pay some sort of fine and maybe a defensive driving school etc....they're already getting hosed for what was more weather-related than anything. I'd think that if you sue that driver the next time they'll do their darndest to screw the other driver regardless of reality. Link to comment Share on other sites More sharing options...
Jaxshooter Posted January 4, 2008 Share Posted January 4, 2008 It was an accident. If it does not cost you any lost wages or permanent disability why sue? That is the problem with insurance rates today, frivolus lawsuits and ambulance chasing attorneys. Link to comment Share on other sites More sharing options...
sleipnir Posted January 4, 2008 Share Posted January 4, 2008 If you decide to take no action now, reserve your rights for the future. I was in an accident where there seemed to be no problems immediately after the crash. It wasn't until several weeks later that symptoms appeared. Be cautious when asked to sign releases Link to comment Share on other sites More sharing options...
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now