Whatt o do if I was hit by a semi-truck while turning into my driveway and my 8 year old daughter was in my truck when it happened?

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Whatt o do if I was hit by a semi-truck while turning into my driveway and my 8 year old daughter was in my truck when it happened?

The semi-truck’s insurance adjuster claims my truck is totaled because 70% of the truck value. All I want is to have my truck fixed, what can I do about it? My hands are still swollen and we are still shook up and now we both get scared now everytime we turn into our driveway. The road our driveway is on is a busy highway with trucks.

Asked on December 16, 2012 under Accident Law, Kentucky

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can reject the property damage settlement offer from the insurance company and sue the trucking company for negligence.  Your damages (the amount of compensation you are seeking in your lawsuit) would be the cost of repairs to your truck.  The trucking company's insurance carrier should be paying for a rental car for you.

Your personal injury claim and your daughter's personal injury claim are separate claims.

Both of you may want to consider going to a psychologist or psychiatrist to overcome your fear of turning into your driveway from the busy highway.  If you get medical treatment for your swollen hands, that should also be included in your personal injury claim.  When you complete your medical including psychological treatment, obtain your medical bills, medical reports and documentation of any wage loss.  Your personal injury claim filed with the trucking company's insurance carrier should include these items.  Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.

When your daughter completes her treatment with the psychologist or psychiatrist, obtain her medical bills and medical reports.  Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of her injury and will be used to determine compensation for pain and suffering.

If your personal injury claim and your daughter's personal injury claim are both settled with the trucking company's insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the trucking company's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the trucking company.  If one of the claims (your personal injury claim or your daughter's claim) is settled with the trucking company's insurance carrier, only name as a plaintiff in the case the party whose claim was not settled.  You will need to be appointed guardian ad litem to file a lawsuit on behalf of your daughter because she is a minor.

If the property damage has not been settled, file one lawsuit for negligence in which you are seeking compensation for the property damage and the personal injury claim(s).

If the case is NOT settled with the trucking company's insurance carrier, the lawsuit for negligence against the trucking company must be filed prior to the expiration of the applicable statute of limitations or you and your daughter will lose your rights forever in the matter.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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