Somebody That Hit Me At My Old Company Is Trying To Sue Me And The Company.

Topic 34508 | Page 1

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Brian P.'s Comment
member avatar

I saw a post on here similar to my situation so I thought I'd make my own post.

About 2 years ago I was a company driver at my old company and was driving a dump truck. Stopped at a stop sign and crossed the road, here comes this dude probably doing 55 in a 35 up over a hill and slams into me. He had his daughter in his truck, it totaled his f250 and barely did anything to the dump truck, i was at fault to begin with but that was thrown out, by TVC. Long story short i left the company on so-so terms and now I am OTR driving a semi.

I wasnt home today but at my house I got served papers, they are trying to sue me and the company, this is all about 18 months later. What do I do here? I am freaking out, i just feel so defeated when it inmes to trucking, I love it but all the BS we have to deal with, is it really worth it? I just got side swiped 2 weeks ago and now this comes back to haunt me. The daughter was fine, just shaken up.

Do I contact my old company? Do I look into getting a lawyer that I can't afford? On the paper it has all these questions like do I wear contacts, they are asking about my medication, they are asking about my criminal history. I am trying to do right here, but I feel defeated. Has this happened to anyone? What would you do in my shoes, remember the guy hit me, i was at fault at first, but thst got thrown out.

OTR:

Over The Road

OTR driving normally means you'll be hauling freight to various customers throughout your company's hauling region. It often entails being gone from home for two to three weeks at a time.

Trucker Kearsey 's Comment
member avatar

Get a lawyer. Don't play around with ur CDL. The company was notified when you were and they will have to respond also.

What do you mean that it was your fault at first?

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.
Stevo Reno's Comment
member avatar

Yep, get legal council, seems after 2 years , NOW, they wanna get paid, by 1 or both ends.....Surprises me they didn't go after a case soon after the incident.

confused.gif good-luck.gif

PJ's Comment
member avatar

There is more to this story. People don’t wait 18-24 months normally to file a lawsuit.

I would want to read the crash report done by law enforcement. The primary collision factor does not change and that is not within a court’s normal wheelhouse. Reading between the lines is sounds like the OP was found at fault and issued a citation which was eventually set aside by the court. That does not change the facts just the court didn’t hold him accountable. There could be numerous reasons for the court doing it. The only way it could remotely change the primary collision factor is if the court found him not guilty and made an order to factually change the report. I have my doubts that happened.

Sounds like the court decided to leave it up to the insurance companies to hash out and that happens 90 plus percent of the time.

As far as the questions go the other side is fishing for information they can use against you. Hire a good attorney and follow their advise.

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