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A 15 year old driver hit me in my 18 wheeler. Now my previous injury has flared up

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bluejet

New member
I was at a stand still and a car hit my trailer pretty hard that it jolted me in my seat. Cop showed up and told him there were no injuries. The driver at fault destroyed his front bumper and hood, but was still drive-able. He admitted that it was his fault as he was not paying attention. Cop let him off without a citation. I told cop I didn't have any injuries, but the next day, my previous injury has flared up and I believe the reason is because of the car hitting me. Now that the police report has been released showing that the driver was at fault, there have been attornys calling me promising they can get me thousands of dollars. My question is, if I let one of these attornys handle this, will my employer be notified? I am a company driver that was injured on the job.
 


FlyingRon

Senior Member
The fact that he wasn't cited, you saying you were not injured, and the police report are almost entirely immaterial.

You don't indicate what this "injury" you are claiming is, but you're dreaming if you think you're going to get THOUSANDS of dollars in such a circumstance even if you had absolute proof of causality. You need to show you actually have medical bills, etc... Just going around saying "it hurts" isn't going to get you anything.

If you injured on the job in many states YOU MUST let the workman's comp deal with it. In others you may have the option fo a private claim against the other driver (hopefully insured).
 

bluejet

New member
The fact that he wasn't cited, you saying you were not injured, and the police report are almost entirely immaterial.

You don't indicate what this "injury" you are claiming is, but you're dreaming if you think you're going to get THOUSANDS of dollars in such a circumstance even if you had absolute proof of causality. You need to show you actually have medical bills, etc... Just going around saying "it hurts" isn't going to get you anything.

If you injured on the job in many states YOU MUST let the workman's comp deal with it. In others you may have the option fo a private claim against the other driver (hopefully insured).
Then why are so many companies calling right now saying they can get me thousands?
 

adjusterjack

Senior Member
Then why are so many companies calling right now saying they can get me thousands?
Same reason you get junk mail and telephone solicitations for products and services. It's a sales pitch.

I am a company driver that was injured on the job.
File a comp claim for immediate benefits.

You can also file a liability claim against the other driver but if you collect you will have to reimburse the WC for its costs and you get to keep the rest.

Your previous injury doesn't preclude you from compensation for the exacerbation of the injury. Google "North Carolina Eggshell Plaintiff" for an explanation.
 

LdiJ

Senior Member
I was at a stand still and a car hit my trailer pretty hard that it jolted me in my seat. Cop showed up and told him there were no injuries. The driver at fault destroyed his front bumper and hood, but was still drive-able. He admitted that it was his fault as he was not paying attention. Cop let him off without a citation. I told cop I didn't have any injuries, but the next day, my previous injury has flared up and I believe the reason is because of the car hitting me. Now that the police report has been released showing that the driver was at fault, there have been attornys calling me promising they can get me thousands of dollars. My question is, if I let one of these attornys handle this, will my employer be notified? I am a company driver that was injured on the job.
This is not something that you can hide from your employer.
 

Litigator22

Active Member
I was at a stand still and a car hit my trailer pretty hard that it jolted me in my seat. Cop showed up and told him there were no injuries. The driver at fault destroyed his front bumper and hood, but was still drive-able. He admitted that it was his fault as he was not paying attention. Cop let him off without a citation. I told cop I didn't have any injuries, but the next day, my previous injury has flared up and I believe the reason is because of the car hitting me. Now that the police report has been released showing that the driver was at fault, there have been attornys calling me promising they can get me thousands of dollars. My question is, if I let one of these attornys handle this, will my employer be notified? I am a company driver that was injured on the job.
Let's see:

Sixteen ton tractor trailer rear ended by ton and a one half passenger car with no apparent injuries to either driver or damage to tractor trailer. Latter truck driver bombarded by shyster lawyers waiving dollar signs accompanied by flare up of old injuries.

And Einstein said there is no such thing as simultaneity!
 

FlyingRon

Senior Member
OK, in NC you have to decide at the outset whether to go the workman's comp route or the the private civil suit. Talk to attorneys, but frankly absent any documented injuries directly caused by the accident and the absence of any medical treatment or expense, you're likely not going to recover ANYTHING.
 

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