Who's fault?

[WAmom]

What is the name of your state? Washington State

I was on a shuttle going to Disneyland, from our Hotel, and the shuttle was in an accident with a semi truck. There were a few of us pretty hurt, including myself and my six year old. I got a lawyer in California, but I recently heard from them that both sides, shuttle and semi, are denying fault.

My question is: What happens now? Are we going to have to go to court or do we start over? It's already taken a year to get to this point. I never get to talk to my lawyer either, all conversations are through her assistant and her answers are pretty vague, so here I am...

My next question is: Is Disney at fault? The shuttle company is contracted by Disney.

 

[seniorjudge]

We would have no way of knowing who is at fault.

But it sounds to me like you need to be filing suit like right now.

Also, your lawyer sounds pretty crummy. Have you thought of hiring a lawyer who will talk to you?

 

[WAmom]

The problem is the lawyer is in California and I am in Washington. I never met her, she was referred to me by someone who knew someone..who knew someone...who knew a lawyer in CA. etc...etc...

I have also filled out all the paperwork for her, signed consents etc, so she sounds like she knows what she's talking about. Is waiting to hear from the insurance companies, which like I said neither is claiming fault, the same as filing suit? I'm sorry I dont know anything about how any of this works. I've never been in an accident before this.

 

[seniorjudge]

Q: Is waiting to hear from the insurance companies, which like I said neither is claiming fault, the same as filing suit?

A: No. Filing a suit is like filing a suit.

 

[justalayman]

there is a statute of limitations to filing suits. Many states it is 2 years but there are others with other limitations. I have not looked up Cali's but you attorney should have this in the back of ttheir mind, especially considereing how long this has gone on.

BTW; You actually did not give any info as to who was at fault so there is no way anybody here could make any call.

In a situation where each party could have some liability, you simply sue both parties.

 

[WAmom]

Thank you Justalayman for actually answering my questions and not being a jerk about your answer.

Unfortunately nobody on the shuttle saw the accident. We do have a witness that states our shuttle drove right into the semi, but our shuttle driver is placing blame on the semi. So who knows. When you sue, is it then up to a judge and/or a jury to decide who is at fault ?

Nobody answered my question whether or not Disney can be sued for this. Like I said before, Disney contracts with the shuttle company so it isn't actually their shuttles, but the shuttles are decorated with characters and representing Disney.

 

[Zigner]

Sue everyone - the court will sort it out.

But, your lawyer is the one who would do this. I would send a letter asking for an update for your case. You have 2 years from the date of injury in which to file suit.

 

[WAmom]

Is the statute of limitations for my state (Washington) or the accident state (California)?

 

[Zigner]

Is the statute of limitations for my state (Washington) or the accident state (California)?

California.....

 

[justalayman]

Nobody answered my question whether or not Disney can be sued for this. Like I said before, Disney contracts with the shuttle company so it isn't actually their shuttles, but the shuttles are decorated with characters and representing Disney.

Ya, I guess I did kind of blow that off.


As Zigner posted and to borrow a line from
Arnaud-Armaury, the Abbot of Citeaux,

"kill them all, God will know his own".

In other words, the courts will decide who to blame.

Disney may or may not bear some liability. If they were unkowing of a drivers poor driving habits, they will probably be removed from the defendants list by the judge BUT a diligent attorney will look for a relationship that would link Disney to the liability since Disney has some pretty big pockets.