What can be done if I was hit from the back in my car by a commercial dump truck and he continued to drive away?

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What can be done if I was hit from the back in my car by a commercial dump truck and he continued to drive away?

I called 911 and followed flashing my lights and blowing my horn for 20 miles until officer in the next county pulled the truck over. The driver claimed he didn’t know and that he didn’t hit my car. Do I have a case?

Asked on August 7, 2014 under Accident Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

From what you write, the truck driver would most likely be liable, or financially responsible, for any injuries or car damage you suffered: hitting you from behind was almost certain negligent (unreasonably careless) on his part. The question is: how badly were you hurt, and how badly was your car damaged? Even when the other driver is clearly at fault, you can only recover an amount equivalent to your out-of-pocket medical bills, property damage, lost wages (if any), other costs (like towing), and, for serious, long-lasting injuries, some amount of "pain and suffering." If you were fortunate enough to not be injured and to only suffer modest or minor car damage, it may not be worth the time and cost of a lawsuit, since even if you win, you may not recover enough to justify the suit.


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