What are y rights if I fell getting in a tow truck after I told the guy I had 2 knee replacements and could not get in the high truck?

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What are y rights if I fell getting in a tow truck after I told the guy I had 2 knee replacements and could not get in the high truck?

He said he would help me but his only help was telling me where I could get a better hold. When I tried to pull myself up my knee gave way and I fell hurting my knees, arms, back, and neck. I have been having pain and trouble walking since then. I went to the ER but nothing was broken. Now I am going to the doctor that replaced my knees because they are giving me trouble. I am 72 years old and I believe he should never tried to get me to get in that truck. They ended up sending another smaller truck and it was a little high but not as much as the other one. This time the driver did help me get in. Can I get pain and suffering?

Asked on April 25, 2013 under Personal Injury, Tennessee

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You decided to go in the truck even though you knew it would be too much with your knee. Unfortunately, while the driver was negligent in his action, his intentions were there. You will generally have an uphill battle on this one, you can certainly try but do not be surprised if you don't wind up with anything.


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