Last night my stepson his son and his biological father were injured in a car accident. A wrecker carrying a car on a flatbed had not secured the vehical correctly. Just as my stepson saw that it was about to come loose , it did!
The car came off the truck and slammed into the passenger side of my stepson's pickup. This sent him into the guardrail. The truck is a total loss. He and his dad were shanken up and are pretty sore but my grandson hit his head, yes he had a seatbelt on, and had to have 12 stitches and stay in the hospital until 2am this morning.
My daughter works part time for a lawyer, who came down to the hospital last night. He said he will handle it. Im sure he will, for a fee.
What is fair? IF the wrecker company broke more than one law is there more than one lawsuit?
I can think of a few. Failure to secure his load. Wreckless endangerment. Bodily injury. Mental anxiety [my wife]. etc
2007-07-15 04:31:27 · 5 answers · asked by Colt 4 in Politics & Government ➔ Law & Ethics
There were no criminal laws violated, but you may have a civil cause of action for negligence. The wrecker company certainly has automobile insurance which will apply to the incident. The company's general liability insurance may apply, as well.
Each injured individual will have their own claim against the wrecker company, but if it goes to the lawsuit stage, they will all be filed as one lawsuit. Generally, the property damage (the truck) will be handled separately.
If the only injuries were the 12 stitches and some general soreness, then the payout will not be very large and you can probably handle it without a lawyer. Most lawyers who take this type of case charge 33-40% of the total recovery, plus charges for postage and photocopies. So see how far you can get on your own, but keep in mind that insurance adjusters will try to get the settlement for the lowest amount.
2007-07-15 09:19:35 · answer #1 · answered by Mocha M 2 · 0⤊ 0⤋
It's probably not a matter of the wrecker company violating laws -- that's normally a criminal law issue, and you don't get anything except satisfaction if the person is convicted.
What you're talking about is most likely a civil lawsuit, based on negligence (tort action). You would be suing for monetary damages based on the injuries (medical bills, damage to the care, pain and suffering, etc) and lost work.
The lawyer would need to sit down with you and put the representation agreement in writing. It's negotiable how much they would get paid -- some work hourly, some would take a percentage of any damage award. 20% to 35% is customary, depending on a number of factor. But this number is something that you agree on with the lawyer -- it's not fixed by law.
2007-07-15 05:18:18 · answer #2 · answered by coragryph 7 · 0⤊ 0⤋
This is almost certainly a matter of Negligence, failing to secure the load properly. That's a matter of proving Duty, Breach, Causation, and Damage, and you pretty much have that.
If you're lucky, no laws were broken.
It seems to me that if the truck was stolen, or if they broke the law about having insurance, your chances of recovery deteriorate.
And it's "reckless", not "wreckless". Reckless behavior often leads to wreckful (which isn't a real word) behavior.
2007-07-15 04:59:54 · answer #3 · answered by open4one 7 · 0⤊ 0⤋
call the actual sources Board. they could high-quality him/her or maybe revoke their licence if extreme adequate an offence. the two the agent and the broking service gets fined. If she fee you something you need to even have the capacity to sue them.
2016-11-09 09:24:39 · answer #4 · answered by blaylock 4 · 0⤊ 0⤋
its very possible he did not break any laws.
but the suit can be for negligence. you can definitly get some money but they didnt break any laws.
2007-07-15 04:35:06 · answer #5 · answered by blktan23 3 · 0⤊ 0⤋