Posts
395
Joined
8/18/2011
Location
Murfreesboro, TN
US
Edited Date/Time
5/27/2017 11:03am
Alright guys, as the title states, my wife hit a dump truck on her way to work on Wednesday morning.
The dump truck was parked on the side of a rural road, half of the truck was off the road and the other half was sticking out in her lane, annnd they were parked on the back side of a blind curve. The driver was just sitting in the truck with it running, there were no safety signs, flaggers or any form of warning that the truck was parked there. The truck belongs to the county highway department And they were called to clean brush off of the side of the road.
Thankfully, God blessed her with only minor scratches and major bruising and whiplash.
My question is, what do I do? Do I hire a lawyer to go after the county's insurance? The officer on scene placed the blame on the truck and my wife did NOT receive a ticket. Our insurance sucks and does not cover collision. She says she just simply could not see it. As soon as she came around the corner, it was sitting there and by time she saw it, she was hitting it.
The dump truck was parked on the side of a rural road, half of the truck was off the road and the other half was sticking out in her lane, annnd they were parked on the back side of a blind curve. The driver was just sitting in the truck with it running, there were no safety signs, flaggers or any form of warning that the truck was parked there. The truck belongs to the county highway department And they were called to clean brush off of the side of the road.
Thankfully, God blessed her with only minor scratches and major bruising and whiplash.
My question is, what do I do? Do I hire a lawyer to go after the county's insurance? The officer on scene placed the blame on the truck and my wife did NOT receive a ticket. Our insurance sucks and does not cover collision. She says she just simply could not see it. As soon as she came around the corner, it was sitting there and by time she saw it, she was hitting it.
The truck was parked on the side of the road with the driver not only sitting in it but engine running. There's no reason for him not to have put his safety lights/4 ways on to let drivers coming around the corner that he is in fact not moving. Even if the truck had been parked there with no one inside with a mechanical breakdown he should of put a reflective cone/triangle a couple hundred feet back to let drivers know there's a hazard just ahead.
With everything I just mentioned I say you stand a very good chance of winning that case.
At the minimum at least get a free consultation.
The most important thing is that your wife is OK. Material things are always replaceable, human lives are not.
Word of advice if anything like that ever happens again to you, your wife, anyone for that matter please remain in your vehicle until paramedics, firemen, police, etc. arrive at the scene to assist you. This of course is if there is no immediate threat of danger like fire, burning smell, leaking gas, etc. The reason for that is although your wife at the time could of felt fine that could of been the effect of the adrenaline rushing. It only takes a small movement in any directions and things could of turned a lot worse. Head injuries, paralysis, etc. A fraction of a millimeters and you could be suffering for the rest of your life.
I know that everyone's first thought is to get out and get moving but in the case of an accident it's better to wait until professionals are on the scene to assess the situation.
Im not assigning blame, just saying some of the above may be factors to consider that the other side could pursue. Heck, they could even look at her phone records. People can get desperate when being sued. Especially with salaried attorney's on the payroll.
The Shop
Good luck anyway, and glad it wasn't worse.
Your insurance doesn't cover collision? You kidding me?
YOU are a reason why trucking companies suffer from YOUR negligence. You don't carry proper insurance and when YOU (in this case your wife) have a crash you want someone to foot the bill.
Truly amazing this is.
But yeah, sue someone.
Also thinking excess speed was definitely a factor - the large damage to the Jeep along with the wheel being 70 yards in the other direction (missed that the first look too) also seems to point that way. If you plan to lawyer up - your words here likely won't help.
People usually don't get collision coverage - at their own risk. And do so knowing they are accepting that risk that they might not have it when the might need it. If the coverage sucks as stated - well, it's what you bought.
There could also be more at play here, like the truck sitting in a dark shady spot with no warning lights etc.. But from what I have seen, going to court is a big roll of the dice and there is no way anyone can accurately predict what the outcome will be - especially a lawyer who you are paying to argue your point (some are worse than others, some better). I'm thinking the responsibility would get spread around - but who knows.
As for poor quality insurance, cheaper isn't always better. If you are willing to drive a vehicle with no comp or collision coverage, that tells me you are willing to lose that vehicle if and when an incident were to occur. Basically boils down to a gamble as to whether or not the property is worth the cost of the premium. OP lost this time. Fortunately, his wife is okay. The vehicle can be easily replaced, she however cannot.
P.S. I'm young, 23. I have traveled for a living(mechanic for pro moto guys) for years. I have been traveling since I was 16. I never really had anyone to teach me what to look for when buying insurance. Lesson learned.
And I'm in no way shape or form trying to get rich quick, hell I work in the moto industry and have survived for years off of 300 a week. I now work in a dealership full time, because I'm totally money hungry
She drives this road everyday, probably at least twice a day. It's not like she didn't know the danger areas. She just simply did not see the truck.
And the driver of the truck called his crew and asked then to come BACK to where he was, implying they had already been there.
Pit Row
First off, I'm glad your wife is ok. However, I don't like your chances in court. I don't know what state you are in, but in CA, it's always the fault of the person behind. If she hit a parked car, she was going too fast for the conditions.
I don't recommend "hiring" a lawyer. Suing governments is a long, complicated, expensive endeavor.
If you can get a lawyer to take this on contingency though you have nothing to lose. Don't be surprised if you have some difficulty getting one to take it. Don't go to one that advertises on bus stop benches. Go to the local BAR and get a referral for a lawyer that specializes in suing government entities.
IMHO:
It's really, really hard for me to imagine not being able to see that truck unless it was dark and the truck had no lights. Sorry.
It's not easy to tell from the photo but does that road curve to the left beyond the truck or is that a merging road coming the other way? Where the truck is it doesn't look like the road is curving right but it's hard to tell.
I don't know much about insurance but one that doesn't cover collision is really odd to me. Where I live it's the law to have insurance on a vehicle or you can't be on the road. The vehicle needs to be insured at the minimum on one side. I know it's different in Canada and the States but if your insurance doesn't cover collision what does it cover? Theft?
Hopefully some good will come out of it and you won't go into big debt replacing the vehicle.
You live and learn.
Best of luck.
That's one of the reason why a vehicle needs to be insured in order to legally be on the road where I'm from. If something like that were to happen they would be covered. If I remember correctly they would be covered up to 2 million dollars which is the maximum one can get.
Insurance basics.
And yes, if completely uninsured, you're in a world of hurt.
But I understand, familiar road you drive all the time, going with the flow of traffic, etc. We all do it.
To the OP, I doubt it is legal to park anything over the white shoulder line without flaggers or flares. Sight lines or not it's pretty clear the truck is at fault. Not sure why that would even be a question?.............
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