Frequently Asked Question:
What is the law if a semi-dump truck causes an accident, totals the car and seriously hurts a person?
Wednesday morning, my son an a co-worker was traveling in the passing lane. The co-worker was driving the car. There was a semi dump truck ahead of them in the slow lane. The truck driver suddenly change to the passing lane heading for the turn around for the law. The co-driver turn left to miss the semi dump truck. The front right of the car hit the semi dump truck. This caused the car to flip several times. The co-worker was able to get out of the car. the parimedics had to cut my son out of the car. They life flighted him to the nearest hospital. My son had dislocated his hip and broke his pelvic. He has a deep cut going from middle of his forehead, down right side of his nose. It continue down to his lips. His facial structure above his jaw are fractured. His second forehead bone is touching his brain. The is an air pocket there. His left ankle is broken. He was life-flighted to another hospital to do the hip and pelvic operation. He is in bad shape, cause someone couldn’t slow.
Answer by super-trucker
you better hope everything is in order on that commercial vehicle or its curtains for you.
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I hope your son makes a full and complete recovery. This must be very trying and worrisome for you and the rest of the family. Hopefully the highway patrol and the courts in your area will give the driver of the truck what’s coming to him.
negligence on the truck….I normally wouldn’t reccomend this but in your case I think hiriing an attorney is at hand.
I hope God is taking care of your child and God bless you….this must be hard for you.
if the dump truck was insured under a company insurance policy and the driver was negligent, the dump truck’s insurance liability will cover your son’s injuries… that is, unless you’re in a no-fault state.. in which case your PIP would cover your son’s injuries.
you should have asked your insurance about this anyway.
May your son be wrapped in the arms of the Lord and recover from this tragic accident…Okay now if the dump truck was in the wrong and was ticketed by the Police in the accident, you can call the company the driver works for and file an insurance claim…You may need to talk to an attorney to see exactly what would be in the best interest of your son. If my any chance it was the co-workers fault, you may be able to get the co-worker insurance company to pay for the damages…Again, contact an Attorney to find out what you can do…..I hope everything works out in you and your son’s favor..
This is obviously a difficult time for you. I hope your son has the best possible outcome.
Obviously, your son is going to need an attorney. There is absolutely no point in speculating as to who will be liable and for how much, either here, with friends, family or co-workers. As tragic and unusual as this situation is for you, there are professionals that deal with similar situations with regrettable regularity. They can discuss the possibilities with your son. Hopefully, your son will be up and about before too long and able to hire one himself–assuming he is an adult.
It is important in retaining an attorney to treat it like the major purchase that it is. (Even if you never shell out any money out of pocket, your attorney will earn a large fee). It is hard to give this ample attention when you are in the midst of a crisis, but it could not be more important. If your son was on the job when the accident happened, he will need to see an attorney about worker’s compensation, in addition to pursuing a claim directly against whomever caused his injuries. Find someone who specializes in both worker’s compensation and personal injury law. Ask to speak with their former clients. If you know a good attorney that specializes in another area of the law, ask him/her who he/she would go to if they had a problem like your son’s. Speak with more than one attorney before retaining someone. Go with the person who seems most competent, not the one who tells you what you want to hear.
Let the attorney advise you on when the statute of limitations is for each claim your son may have. And make sure you know what documents and evidence will need to be preserved.
Most of all, do not let the legal aspects of this tragedy consume you. Spend enough effort to ensure the legal aspects are well taken care of, then let them go. Your time is much better spent caring for your son’s physical and emotional needs.
Based on the limited information you have listed here, I would say that the truck was at fault. Talk with your insurance or more precisely what insurance the car has and see what they say. Read the police report, it should list who is at fault. Contact the trucking company’s insurance. Then talk with an attorney. They will help you hire a traffic crash reconstruction expert. The reconstructionist will be able to determine who is at fault and to what degree both driver’s actions contributed to the crash.
Hope your son makes a full and speed recovery.
You don’t need a lawyer. Just get a copy of the accident report from the cops to see who was listed at fault, and see the insurance information. If the truck was at fault, that insurance should pay medical and 3x medical bills for pain and suffering. If the co-worker was at fault, the policy on the car should pay medical and 3x pain and suffering. If you need free advice, call your insurance agent and tell the story and see what he thinks. You might talk to the billing department at the hospital as well, they could likely steer you in the right direction.
First sorry to read such a thing about the condition of your child may god be with him. But the truth is that you should consult with legal expertise in your state but don’t just look at the truck their is alot of people that he maybe able to go after. if his driver squarely hit the rear of that truck then in my state his co worker failed to control his vehicle. and is legally at fault . Really get a Lawyer!.!