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Chain reaction w/Tractor Trailer-

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caislandchic

Junior Member
What is the name of your state? CA
I was invloved in a serious accident on my way to work. It was a pre-approved vac day but my boss requested I work during a conversation the previous day. He stated he really needed me to work- I was working as a contracted employee for my bosses other company, and had worked OT for 6 months and I was tired. I also told him I couldn't remain at that job site because the drive was on a dangerous hwy and I felt I would have an accident - I had the accident the following morning**************..
Friday 8:00 am - Interstate 5 - 25 miles south of Sacramento- an accident had occured ahead - I was traveling in the slow lane - along with the reduced flow of traffic - I came up behind a tractor-trailer - (empty flat bed) - he had NO brake lights ON or any Running Lights - but he was at a stop - my other option was to hit the burm and since I hadn't cleared the overpass of Hwy 12 I risked flipping many times and possible fatal crash - I beared down on the clutch and brake at impact - I went back 18 feet - and had no clue the injuries - there was immediate and awesome help due to the accident ahead. I had to be retreived by the use of jaws of life - which as that time - UNKNOWN by me - a CHP officer was questioning me while they were preparing me -my eyes were shut and can recall hearing this one voice that was upsetting me - so I said to him - Please - I just hit it! - meaning I just had an accident!! Not how he intrepretated it - he made it my statement as to how the accident happened.... I just hit it... like I didn't have any sense..... The truckdriver stated that he SAT oon I-5 on a friday at6 8 am for 3-5 mins - without having any vehicles come behind him. This seems to be literally impossible - if so - then why didn't he have his flashers on or why didnt he pull off the road - he was in the slow lane - or put out safety cones. I was NOT cited - but on the report it stated I was driving at a speed that exceed the situation... the accident ahead. I suffered compound, dislocated ankle fractures to BOTH- requiring two surgeries within the next four days - broken collar bone, 4 ribs and major lower stomach trauma. I was hospitalized for almost a month - and still remain off work due to pain, and therapy and time for recovery. Then to top it off - my insurance had been cancelled - I gave them two credit cards - one for the renwal premium and the other for the payments - but they didnt run the second one and my policy was cancelled- I did not receive notification and neither did the bank that I had financing through. I had to pay 1000 for towing and storage - another side story - and I am facing some permanent restrictions which also include chronic pain. What is my recourse? Would the liability be with the first accident that caused the chain reaction.....or the truck for no lights - which also they checked before letting him leave - they worked - and I do remember saying that he didnt have his tail lights on. Also - since I was "called in" on a prescheduled day off - and I was on my way to off site job- does this mean I may have recourse of liability against my employer?? Which also - after 9 years is not holding my job!! So any help or advice on this is very appreciated!! Thank you
 


JETX

Senior Member
caislandchic said:
What is my recourse?
What do you mean 'what is my recourse'??
Your 'recourse' is to file a claim against the truck driver. If his insurance company finds he was at fault, they will likely pay your reasonable claim. However, if they find that he was not at fault... they will deny. If they deny, your only remaining 'recourse' is to file a lawsuit against the driver... and hope you can convince a court or jury that the truck driver was liable for the accident.

Would the liability be with the first accident that caused the chain reaction.....or the truck for no lights - which also they checked before letting him leave - they worked - and I do remember saying that he didnt have his tail lights on.
You would have NO claim against the original accident. See above for the rest of your answer.

Also - since I was "called in" on a prescheduled day off - and I was on my way to off site job- does this mean I may have recourse of liability against my employer??
No. Your employer is not liable for YOUR driving.
 
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zippysgoddess

Senior Member
You also have no recourse for them not holding your job for you, by law, even under FMLA, they do not have to hold it for you longer than 12 weeks, sorry.
 

teflon_jones

Senior Member
caislandchic said:
What is my recourse?
Against who? You need to post specific questions.
caislandchic said:
Would the liability be with the first accident that caused the chain reaction
No.
caislandchic said:
.....or the truck for no lights
No. The liability lies with you for going too fast to stop.
caislandchic said:
Also - since I was "called in" on a prescheduled day off - and I was on my way to off site job- does this mean I may have recourse of liability against my employer??
No. Your employer calling you in has nothing to do with how you drive.
 

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