Cycling and bicycle discussion forums. 
   Click here to join our community Log in to access your Control Panel  


Go Back   > >

Foo Off-Topic chit chat with no general subject.

User Tag List

Reply
 
Thread Tools Search this Thread
Old 02-25-04, 01:39 PM   #1
Wayneburg
Member
Thread Starter
 
Join Date: Jan 2004
Location: Texas, US
Bikes:
Posts: 45
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
I got in a car accident. Got legal advice?

A few weeks ago I was driving home from work at night. I was waiting at a red light behind a mini-van when I heard squealing tires behind me. I look in my rearview mirror to see headlights coming at me fast. Next thing I know I'm being flung around. Good thing I was wearing my seatbelt. Anyway the next thing I remember is people banging on my window trying to wake me up. I don't know how long I was out. They couldn't open my doors because I had them locked. It took everything I had to move my arm up to the auto door lock switch. I couldn't hold my head up. Things get a little foggy afterward, but I do remember this one lady grabbing my head and slapping me around. She was saying "Why did you run into me, you drunk!" She continued to do this even at the protest of the other bystanders. I found out later that she was the driver of one of the vehilces that my car was thrown into. I also learned that she is a Registered Nurse. Of all the people on the scene, she would be the one that should know not to move an accident victim's head let alone slap them around.

Well, it turns out that I was hit by a white pick up truck that night. S/he fled the scene. When the truck hit me, my car was thrown forward and to the left. I struck that mini-van I was waiting behind and I hit a mustang that was in the lane to the left. That nurse was the driver of the mustang. Everyone involved in the accident gave that exact same statement, everyone except the driver of the white truck, s/he remains at large. Even after giving that statement the passengers of the nurse's mustang got a lawyer and are trying to sue me. Their letters to me stated I was "negligent" for their injuries. Can you believe that!

I've decided to sue the nurse that ignored warnings to not move my head. I've gotten a lawyer to handle the hit and run part of this situation, but they said they don't handle the part with the nurse. Does anyone have any advise on this? At the very least this woman needs to lose her nurse license.

Is there a lawyer in the house?
Thanks
Wayneburg

Last edited by Wayneburg; 02-25-04 at 01:55 PM.
Wayneburg is offline   Reply With Quote
Old 02-25-04, 05:59 PM   #2
joeprim
Senior Member
 
joeprim's Avatar
 
Join Date: Jan 2002
Location: Northern Neck Tidewater Va.
Bikes:
Posts: 1,688
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Yes go after that *****! Did the fools not see the damage to the back of your vechile??

Good luck

Joe
joeprim is offline   Reply With Quote
Old 02-25-04, 07:33 PM   #3
RacerX
Senior Member
 
RacerX's Avatar
 
Join Date: Feb 2002
Location: Left Coast
Bikes:
Posts: 1,717
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
I think the reason they don't want to handle that is for two reasons: It will not be limited strictly to insurance and it might end up being criminal prosecution.

You do need to get a lawyer and go after her, especially since she is a nurse (medical knowledge) and you have multiple witness statements. That can be construed as criminal negligence and knowingly endangering another person- it depends on your DA's office if they want to prosecute her for that criminally.

Since they are sueing you, you need a lawyer to defend yourself anyway. It will make it easy to take on a lawyer if the lawyer knows you also have a legit claim for monetary damage against the woman.

In civil litigation, you have a really strong case. I am not sure if you can go after her insurance but you can go after her.
Medical license is a seperate issue. You have to contact the medical board from which she is accredited. You can also file a complaint with where she works (check with you lawyer FIRST). With the oath a nurse must take, she clearly violated and so taking away her license or repremand is clearly going to be easy for the medical board to consider.

Legit lawyers usually do not take any fees until they collect- especially from insurance claims. Don't be surprised if your lawyer(s) go after your insurance company too.

DO NOT attach any morality or value judgements on the process. Do not take it personally and look at it as a legal process. That is the only way to come out the other end without being bitter.

Good luck

Oh and with witness statements, you (your lawyer) will be contacting them at some point and may even need to pay them to come to court (if it comes to that). Hopefully the police report (available as public record at the police station in a few days) will have the names and addresses. If not, you really should do some immediate legwork to find out how to contact the witnessess.

Do not talk to any of them until you get a lawyer. You want everything legal and in accordance to the laws of your area. Talk to the cop and get his statement of the situation. Take pictures of your vehicle and your self. Write down every detail now, while it is still fresh. Be as specific as possible.

Last edited by RacerX; 02-25-04 at 07:39 PM.
RacerX is offline   Reply With Quote
Old 02-25-04, 07:57 PM   #4
SamDaBikinMan
Crank Crushing Redneck
 
SamDaBikinMan's Avatar
 
Join Date: Nov 2002
Location: A van down by the river.
Bikes: Bikes are environmentally damaging
Posts: 2,600
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
It sounds like the occupants of that mustang were drunk. Morons at the very least.
SamDaBikinMan is offline   Reply With Quote
Old 02-25-04, 09:52 PM   #5
roadbuzz
Just ride.
 
roadbuzz's Avatar
 
Join Date: Oct 2000
Location: C-ville, Va
Bikes:
Posts: 3,246
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Have you contacted your insurance company? They will likely have to pay in the event of a lawsuit, and have an army of practiced lawyers at the ready.

Sad truth is that in any auto accident, evidence, witnesses, etc. mean nothing. Court cases will cost more than repairs/replacement. Nobody wins. Don't get in car wrecks!
roadbuzz is offline   Reply With Quote
Old 02-25-04, 09:55 PM   #6
danr
Senior Member
 
danr's Avatar
 
Join Date: Jul 2002
Location: Midwest USA
Bikes: Trek 8000 (I'm testing a prototype).
Posts: 590
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Don't talk to their insurance company until you get a GOOD lawyer. I am usually anti-lawyer, but the insurance company is going to try to take advantage of your ignorance of law and pay the least amount possible. Might as well protect yourself.
danr is offline   Reply With Quote
Old 02-25-04, 09:58 PM   #7
LittleBigMan
Sumanitu taka owaci
 
LittleBigMan's Avatar
 
Join Date: Mar 2001
Bikes:
Posts: 8,945
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Quote:
Originally Posted by joeprim
Did the fools not see the damage to the back of your vechile??

Good luck

Joe
Your car's damage will prove your testimony. Get representation.
__________________
No worries

Last edited by LittleBigMan; 02-25-04 at 10:04 PM.
LittleBigMan is offline   Reply With Quote
Old 02-25-04, 11:36 PM   #8
LOSTinSOJU
Junior Member
 
Join Date: Feb 2004
Location: Columbia S.C.
Bikes: Cannondale F400
Posts: 8
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Get 'em for everything you can!! Good Luck!
LOSTinSOJU is offline   Reply With Quote
Old 02-26-04, 01:14 AM   #9
iamlucky13
Footballus vita est
 
iamlucky13's Avatar
 
Join Date: Jun 2002
Location: Portland, OR
Bikes: Trek 4500, Kona Dawg
Posts: 2,118
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Don't take the suit from the nurses family members lightly. One of my family members had a similar but less serious accident where they were held responsible for the damage to vehicle they were pushed into. Fortunately insurance covered it, but their rates went up.
__________________
"The internet is a place where absolutely nothing happens. You need to take advantage of that." ~ Strong Bad
iamlucky13 is offline   Reply With Quote
Reply


Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off



All times are GMT -6. The time now is 01:24 PM.