Can I Sue For Lost Wages/increased Debt After Accident?

Topic 30205 | Page 1

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Ollie H.'s Comment
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My husband leases his truck and was in an accident last week that resulted in him being put into a loaner truck that he now has to pay for while his truck is in the shop. The lease on his truck is paused during this time, but the loaner truck is costing him more money, both in payment and fuel. I know insurance covers the damage on the truck because he was not at fault, a car ran a stop sign and pulled out in front of him. As a result of the accident, he lost the load he was on and had to sit four days to swap into the loaner truck. A buddy, and fellow driver, told him that he could sue the driver of the car for lost wages, and the extra money hes having to pay for the loaner truck, I just wanted a second opinion since I am not confident on the subject.

For more clarity, he was not found at fault, and the driver was walking around after, however; they did go to the hospital to be checked out. The car ran past THREE stop signs and stopped in the middle of the lane, giving him less than 100ft to react. We are still waiting on word from the shop as to what the damage is on the truck, but I'm no tworried about that, as insurance will cover that part. We are just wondering if there is a way to go after the driver for the load he lost and the extra money being spent on the loaner truck, since it is essentially extending his lease. It's $805/week for the loaner truck, as well as the other overhead which is $864. The loaner truck is costing him $400-500 more a week in fuel, which is greatly cutting into his profits.

Any advice or help would be greatly appreciated. I just want to know if there is anything we can do, and if so, how to go about doing it.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Errol V.'s Comment
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Sorry to hear about your husband's situation. But think of the Trucking Truth forum as a bunch of truckers sitting in the lounge of a truck stop - not a reliable source for legal advice.

Generally, the party that causes an accident is liable and needs to indemnify any and all injured (physically and monetarily) parties. That being said, their insurance company isn't going to pony up money just because you ask.

There are lawyers that specialize in the truck side of a Big Truck Accident. I don't know if any off hand..

PackRat's Comment
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Why does your husband lease a truck?

Anne A. (G13Momcat)'s Comment
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Howdy, Ollie H.

I'm a trucker's wife as well, but we are not O/O's or L/P's . . . company driver(s) here.

In any event, y'all might be better served by checking out this other site:

OOIDA

There's a TON of good information, and your questions/conundrums would probably be more readily answered. They have attorneys easily accessible as well.

I wish you a great outcome!

~ Anne ~

ps: If you share who he's leased onto / with, we may have a few of our O/O's on TT, with familiarity. Thanks!

OOIDA:

Owner-Operator Independent Drivers Association

Who They Are

OOIDA is an international trade association representing the interests of independent owner-operators and professional drivers on all issues that affect truckers. The over 150,000 members of OOIDA are men and women in all 50 states and Canada who collectively own and/or operate more than 240,000 individual heavy-duty trucks and small truck fleets.

Their Mission

The mission of OOIDA is to serve owner-operators, small fleets and professional truckers; to work for a business climate where truckers are treated equally and fairly; to promote highway safety and responsibility among all highway users; and to promote a better business climate and efficiency for all truck operators.

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