Is it time to get a lawyer?

filmbuffy · #1 05-28-2005, 07:56 AM

What is the name of your state? New Hampshire

July 4th, 2004 myself and my mother were hit head on. The driver of the other car was 100% responsible, he crossed over the doublelines and struck my vehicle. I tried to move out of the way by moving to the right of the road, but had very little room to work with b/c of trees and telephone poles. Anywho, it has been almost one year since the accident, our broken bones have heeled (although still in a good deal of pain - I suffered a calcaneal fracture and torn a rotator cuft), and we are still struggling with the insurance company. His insursance barely covers my hospital bills and because he won't relinquish certain information (ie personal assets, et cetera) my insurance company won't settle. It should be noted that the driver of the other car is diabetic and this isn't the first accident he has caused due to his illness.

What should be done here, an accident is an accident, I feel shady going after this guy with a civil suit, but I've suffered enough, I've lost over $10k in wages, I've paid a number of medical bills, physical therapy visits, and medications with money out of my own pocket. And the best part, calcaneal fractures never truly heel...I'm in for a lifetime of pain!

zippysgoddess · #2 05-28-2005, 01:50 PM

They do heal, it is just difficult and takes much medical care:

[url]http://www.myfootshop.com/detail.asp?Condition=Calcaneal%20Fractures[/url]

janedoe23 · #3 05-28-2005, 05:25 PM

Quote:

Originally Posted by filmbuffy

It should be noted that the driver of the other car is diabetic and this isn't the first accident he has caused due to his illness.

Please!!!!!!! I am diabetic and I take offense to that remark. You make that remark as if he was driving drunk or high on illegal drugs.

zippysgoddess · #4 05-28-2005, 07:49 PM

janedoe23 is correct.

Veronica1228 · #5 05-28-2005, 08:08 PM

Quote:

Originally Posted by janedoe23

Please!!!!!!! I am diabetic and I take offense to that remark. You make that remark as if he was driving drunk or high on illegal drugs.

I don't believe that the OP was trying to be insulting. I used to live with a diabetic (my mother) and when her blood sugar dropped she was worse than drunk. It also happened so suddenly that she was not aware of it even seconds prior to the attack. Because of this she hasn't driven in over 10 years for her own safety and others. Her insulin type and strength has now been adjusted, but it took years to find the right combination and if she had driven during that time it would have been extremely dangerous.

I realize that there are different types of diabetes (well 2) and people react differently, but if the other driver has had episodes where blood sugar was the cause of him/her losing control of their vehicle, then they should have not been behind the wheel until their health issues were resolved.

zippysgoddess · #6 05-28-2005, 08:24 PM

Low sugar does cause many of the same symptoms as drunk driving, it can come on suddenly and be hard to prevent.

If this person caused an accident that was really due to their sugar being out of control, their insurance company and/or doctor's office needs to be informed. It is fairly common in the US to restrict or suspend the driving priveleges of someone who is diabetic with out of control sugar.

janedoe23 · #7 05-28-2005, 09:13 PM

Quote:

Originally Posted by Veronica1228

I don't believe that the OP was trying to be insulting. I used to live with a diabetic (my mother) and when her blood sugar dropped she was worse than drunk. It also happened so suddenly that she was not aware of it even seconds prior to the attack. Because of this she hasn't driven in over 10 years for her own safety and others. Her insulin type and strength has now been adjusted, but it took years to find the right combination and if she had driven during that time it would have been extremely dangerous.

I realize that there are different types of diabetes (well 2) and people react differently, but if the other driver has had episodes where blood sugar was the cause of him/her losing control of their vehicle, then they should have not been behind the wheel until their health issues were resolved.

I agree lows can make you not so coherant but some lows can happen all of a sudden and some people like myself don't recognize it till it's critically low. I think any smart diabetic wouldn't get behind the wheel if they knew they were going to go low enough to cause an accident.

Oh and BTW Veronica, there are 3 types: T1, T1.5 and T2.

Don't even attempt to ask me about T1.5 as I am still clueless.

Veronica1228 · #8 05-28-2005, 09:23 PM

Quote:

Originally Posted by janedoe23

I agree lows can make you not so coherant but some lows can happen all of a sudden and some people like myself don't recognize it till it's critically low. I think any smart diabetic wouldn't get behind the wheel if they knew they were going to go low enough to cause an accident.

Oh and BTW Veronica, there are 3 types: T1, T1.5 and T2.

Don't even attempt to ask me about T1.5 as I am still clueless.

That was exactly my point and I think what the OP was trying to say (at least I hope). I've seen my mother speaking fine one moment and then mid-sentence become incoherent and listless. That's why the other driver, if they had prior episodes, should not have been driving. Unless you check your blood-sugar every 5 minutes, you never know when it's going to drop.

I never heard of Type 1.5 before. It must be a recent diagnosis because even now when I'm seeing a new doctor and they ask for my med history they always ask if my mother has Type I or Type II diabetes. Interesting.

zippysgoddess · #9 05-28-2005, 09:25 PM

I could be wrong, but from what I have read, I believe the new type is used to encompass those, like my husband, whose onset is at a strange age and whose symptoms are unusual and makes it hard to classify them as either of the other two.

janedoe23 · #10 05-28-2005, 09:31 PM

It might very well have to do with all the T2 issues happening at a younger age then what the DR's expected. In their eyes they have always viewed T2 as older but now they are having to diagnose teenagers with T2. I don't know just heard of it fairly recently.

Veronica, I wish luck in not getting this disease.

Veronica1228 · #11 05-28-2005, 09:40 PM

Thanks, I appreciate that. Luckily, my only risk factor right now is heredity, so I have my fingers crossed.

To the OP: Sorry we got off on a tangent here, but your case kind of pressed a hot button for us. In my opinion, I would definitely suggest consulting with an attorney to see if you can sue for punitive damages. If you have proof that the other driver did indeed know that their health issues made it dangerous for them to be behind the wheel, then you may have a case. Don't listen to me though. Hopefully one of our resident lawyers will show up soon to give you a better answer.

Good luck!

filmbuffy · #12 05-29-2005, 07:20 AM

I did not intend to offend anyone, I was just stating the fact that the other driver is a diabetic. Following the accident the responding officer told me that this was not the first accident or driving infraction the other driver has caused due of his condition. If this is indeed the fact, I wish the other driver would have used better judgement prior to getting behind the wheel of a car, like your mother, and stopped driving until he could get a handle on his condition.

Curt581 · #13 05-30-2005, 09:43 PM

Quote:

Originally Posted by filmbuffy

What should be done here, an accident is an accident, I feel shady going after this guy with a civil suit, but I've suffered enough, I've lost over $10k in wage

You should be suing him. And you shouldn't fell "shady" at all, if you have legitimate injuries.

If you haven't already done so, you need to contact an attorney. Before your expenses bankrupt you.