son hit by a golfcart on college campus--severe injuries

[lolawade]

My son was hit by a golfcart on Campus in Washington State--private university. The golfcart was being operated by a college employee--communications employee. Dustin was on a skateboard (longboard-going about as fast as a light jog). This golf cart came around a blind corner and hit Dustin, knocking him flat in front of the cart, running over him. He was then caught between the two right wheels, drug approx. 10 feet (screaming stop! the entire time), and then run over by the back wheels. The driver never saw him! The driver finally stopped because of other students in the area screaming at him. It is believed he was on his Cell phone. My son sustained a concussion, and severe ankle crush with fracture of the calcaneus and talus that required internal fixation surgery. That was 11/00. We did get a lawyer but my lawyer has not heard any response from the college's insurance company as of yet. I realize that the college is out of the loop at this point, and I know that I have a good case. My lawyer says that until my sons condition is more stable there isn't alot ot do although at this point he is planning on filing due to lack of response from the insurance company. My son is 19 and permanently injured and in constant pain. He is continuing his education and the school is not discriminating against him in any way. Any clue as to what we can expect from this case? It is hard telling a 19 year old to wait,wait,wait.

 

[Janrm]

You said you realized that the college is "out of the loop" at this point. What did you mean?

 

[lolawade]

By saying the College is "out of the loop" I mean that they have basically turned it over to the insurance company and the insurance company is making decisions at this point. The college has been good to us (although, not admitting any liability) and my son continues to attend. Does that make sense?

 

[Janrm]

Thanks for the clarification. I work for a university system so I know all about the avoidance of liability. Is your lawyer from the same city as the college? If so, does he or she have any community ties to this college? Do you trust this lawyer to represent you and your son's best interest over the interest of the college?

 

[lolawade]

My lawyer is from the city I live in about 100 miles from the college. He is not affiliated with the college at all. He believes my case is stong. He is honest with the fact that Dustin was on a "longboard" and that he will be considered partly at fault. The campus has rules about no skateboards but this in an uninforced rule and we have documentation of this. (video!). I believe that my lawyer is on the right track. He has taken depositions from the witnesses. Has sent a PI up to the college to get information. We are not lawsuit happy and don't want more than my sons fair share. He will never be able to run cross-country again. He will have pain the rest of his life! This is a certainty with this type of injury. The college is a prestegious private university. They were negligent and so was the driver. They have not corrected the problem with these golfcarts and my son was almost hit in his wheelchair after the accident again. We have witnesses to that. So you see where we stand?

 

[Janrm]

Why does your lawyer say that there isn't a lot that can be done at this point until your son's condition is more stable? Is that due to needing a more definitive idea of the scope of his future medical/financial needs. Or, do you already have that information? I assume your son is capable of providing testimony at this time if he has returned to his college classes. I do not see any other reason that there isn't a lot that can be done at this point.