Company Vehicle Accident Ohio

[JumperJoe]

What is the name of your state?
Ohio

Hello,
I have been sued as a result of an accident that happened on 1/6/06.
I was driving a company van and was unable to stop after the car in front of me stopped very suddenly. The Cop said "in my X years of looking at accidents you are at fault". I was not following to close and was traveling about 35 mph or so. The van I was driving was loaded very heavy with tools and parts, the anti-lock brake light had been coming on every now and then for the last few months or so. My service manager was informed of this but no repairs were made until after this accident. I feel that maybe I could have stopped that day had I not had a very heavy van, this brake problem, and if the car I bumped did not stop so suddenly in front of me. I talked to this person after the accident and he told me that someone up in front of him stopped very fast to make a turn. He will probably deny this now, but there were no iintersections, nothing to warrant stopping this fast I had about 2 seconds to try to stop and had both feet on the brake peddle I even tried slamming the van in park. Nothing I did would stop this van. They are asking for $25000.00 Plus. I don't know what plus means. I have been assigned an attorney by the insurance company. Do I need to hire one?
My wife and I are scared to death over this. We live in a trailor and barely make ends meet.

JumperJoe What is the name of your state?
Ohio

 

[racer72]

I was not following to close

Yes you were or you would not have hit the other vehicle.

The van I was driving was loaded very heavy with tools and parts, the anti-lock brake light had been coming on every now and then for the last few months or so.

This tells me you should have been driving even more carefully and allowed some extra distance between you and the vehicle in front of you.

I have been assigned an attorney by the insurance company. Do I need to hire one?

Only if the amount you are being sued for exceeds your policy limits. The assigned attorney can answer this question.

 

[acmb05]

What is the name of your state?
Ohio

Hello,
I have been sued as a result of an accident that happened on 1/6/06.
I was driving a company van and was unable to stop after the car in front of me stopped very suddenly. The Cop said "in my X years of looking at accidents you are at fault". I was not following to close and was traveling about 35 mph or so.

If you could not stop in time you were following to close.

The van I was driving was loaded very heavy with tools and parts, the anti-lock brake light had been coming on every now and then for the last few months or so. My service manager was informed of this but no repairs were made until after this accident.

So if you knew it may have a break problem you should have given yourself more distance between you and the car in front of you. [/QUOTE]

I feel that maybe I could have stopped that day had I not had a very heavy van, this brake problem, and if the car I bumped did not stop so suddenly in front of me. I talked to this person after the accident and he told me that someone up in front of him stopped very fast to make a turn. He will probably deny this now, but there were no iintersections, nothing to warrant stopping this fast I had about 2 seconds to try to stop and had both feet on the brake peddle I even tried slamming the van in park. Nothing I did would stop this van.

It really does not matter why they stopped, they stopped and you didn't that means it's your fault.

They are asking for $25000.00 Plus. I don't know what plus means. I have been assigned an attorney by the insurance company. Do I need to hire one?
My wife and I are scared to death over this. We live in a trailor and barely make ends meet.

JumperJoe What is the name of your state?
Ohio

You don't need your own attorney, the insurance company is going to be the one paying not you which is why they gave you an attorney. The plus is probably for any future medical care that they may need because of this accident.

How hard did you hit them because it sounds like they are claiming whiplash or back problems.

I am also curious as to why they are not sueing your company you work for since they own the vehicle. They would get more out of them than they will from you.

 

[ecmst12]

You are at fault. You WERE following too closely for conditions - conditions being your van which you KNEW was full of heavy stuff and which you also KNEW had questionable braking ability. Had you NOT been following too closely, you would not have hit them. A car is NEVER EVER at fault for stopping suddenly - the burden is on the following car to leave enough space to be able to react to sudden stops.

Now then. Don't worry about the lawsuit. It will probably never even go to trial, you have insurance and you have been provided with a lawyer. Whatever rate increase this might cause for your insurance has already happened. Just do what the lawyer tells you to do and don't stress.