Rear ended by commercial box truck

What is the name of your state? Indiana

My husband was driving home from med school in downtown indianapolis, driving the speed limit of 25mph. The guy in front of him was an elderly driver slammed his brakes on around 50 feet before the red light ahead, causing a chain of immediate braking by those behind him. My husband was travelling at a safe distance and managed to stop in time, but the guy driving the commercial Box Truck behind him was speeding and slammed in to the back of my husband. The box truck driver was on the clock, and making deliveries. Whilst my the front of my husbands car looks perfect, the rear end is completely smashed up and indented, the windows are smashed, the frame is damaged and the electrics were broken also. The other driver admitted liability to the police, admitted he was driving too fast, and the Accident report places 100% liability on to the box truck driver, with a note that says "This accident should not have occured and would not have happened had Driver #2 (the box truck driver) been driving in a safe speed manner". My husband went to hospital and was diagnosed with soft tissue damage (whiplash) and severe bruising, and given a prescription of valium to alleviate the pain. He was also signed off from work/school for a week. He could not afford to take the time off, as he is graded on everything that he participates in at med school, and needs excellent grades to get in to the residency program that he wants. He ended up having to take bits of time off here and there to meet the other guys estimator, etc. He has not slept well at all since the accident, and had to drive around in the damaged car for a week after the accident as the insurance-company-recommended repair shop could not fit him in until the following weekend (nor could anyone else we called). The car was 2 years old, in perfect condition, and, 2 weeks after the accident, and a $5,500 estimate of damages from the Box Truck Drivers insurance company, still not found out how much the actual damages will be, or if the car will need to be totalled. In the meantime, I had to take time off work, whilst we waited for our rental car (which, thankfully, we have insurance on our own policy for). Now, my husband does not think he is injured enough to want to go down the compensation route (he does not believe that morally it would be the right thing to do), but he doesn't want this guy to get away with reckless driving either. Is it possible to seek punitive damages in this instance to stop this from happening to anyone else? We would rather not go through lawyers as all the ones we have been contacted by want to seek a lot of money for things that we just don't feel is appropriate. But I believe that this man should have to pay (not necessarily financially) for his irresponsible actions. Next time he acts like this he could kill someone. Any advice would be most helpful. Thank you in advance.

katysmd said:

... Now, my husband does not think he is injured enough to want to go down the compensation route (he does not believe that morally it would be the right thing to do), but he doesn't want this guy to get away with reckless driving either.

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Wow. That is very admirable. But realistically, your husband (and to some extent yourself) have "suffered" a fair amount as a result of this, both monetarily and in time and pain.

I think you should contact an attorney and tell them that you do NOT want to rake this guy over the coals. BUT, let the attorney explain why he thinks you are entitled to $XXX and then seek out a compromise.

If you don't think the attorney is correct that you should be getting $XXX, add it all up. Repairs, medical expenses, time off (at $x/hour). Etc, etc. I think you'll be surprised what this actually cost you.

You do have the right to at least be put whole (as you would have been if he hadn't hit you). I think you deserve at least that much. And that should teach him enough of a lesson. (He'll know it could have been a lot worse.)

Woody gives great advice.

I'll add, that at least in my state (NC), punitive damges are only availabke when the actions of the negligent party are grossly negligent, or intentional. Punitive damages are there to "punish" the negligent party beyond the damages available to "make things right(compensatory)in a typical tort suit. Hitting someone from behind usually does not lead to punitive damages.

It sounds like you and your husband have fallen prey to the propoganda that making a claim against an insurance company is un-American. Look, the basic principle of the law is that when you screw up (negligence) you should put the victim back where they were before you made your mistake. That means that they are not better off than they started, but simply back where they were before the box truck made their back hurt.

A lawyer is not much differnt than a good surgeon. They should make an assesment (SOAP) and make a recommendation. At that point, it is informed consent. You either opt to follow the lawyer's advice, or you decide on your own course.

To be super-realistic, with a soft tissue injury,a lawyer could not get damages that are out of proportion to the injury. Usually, the insurance comany will only offer less than what is reasonable in cases like this.

I vehemently recommend that you contact some law firms. Don't call the guy on the back of the phone book. Do some internet searching, look for a firm with a good website, and some actual personal attention. Send them an email. If you get a "real" response back, that's a good sign. Make an appointment and then follow the advice given above.

If your husband's back keeps bothering him for the next decade, he'll think that maybe his "moral" high ground was misplaced.

The negligent party should be responsible for all of the afternath of their actions.

decide

? Either you want finacially compensation or you dont. You have a valid claim they always go in to the 10,000 of thousands and no lwayer will willing leave money on the table since they normally only get paid if they win which means there going to try and get as much as they can. You have no legal right to go after him for crimnal charges.

Its kind of odd you want to target him crimnally but dont want to follow the normal litagation process just because it seems like alot of money.

Thank you for all your advice, it's so difficult when you have every person you have ever met giving you their "opinion", as they can't disattach from their personal involvement.

cjmunger, it's not that it's too much money, it's just that we aren't comfortable suing for a heightened amount than we believe we deserve.

Thanks again, i will keep you posted!