Legal Question in Personal Injury in Ohio

My son was in a VERY serious car accident. A Semi truck loaded with brick literally ran into my son (who was stopped...waiting to turn).The Truck driver hit my son at 55 MPH. The truck driver said he just wasnt paying attention and didnt see him. My son was driving a mustang, which is totaled. My son was transported by squad to the hospital. He was released that day with no visable injuries. However, my son complains of a stiff neck, pain in his right shoulder. This accident just happened 2 days ago. We are without a vehicle...my son is having to miss school and his after school sports. I am having to miss work hours because of this. My son has a doctors appt. to address the neck and shoulder pain. do I need to know something about dealing with the insurance company. I want to make sure I have ALL costs paid and FUTURE medical bills if problems continue or arise...Not to mention that this has become SO mentally draining for all of us. My son could of been killed and I want to make sure this isnt taken lightly. I am having a serious issue with the fact that a Semi truck driver is driving on the road "not paying attention". This truck driver had been following my son down this busy state route for awhile before my son turned his turn signal to turn....how can you just not see them???


Asked on 3/14/12, 7:12 pm

4 Answers from Attorneys

Thomas Ryan Ryan LLP

There are a number of issues particular to a car-truck accident you will want to consider. Semi-trucks and their drivers are under strict guidelines regarding amount of time driving per day, limitations on distractions, and also specific warning and safety precautions. You will want to contact an attorney that has litigated semi-truck cases in the past. An experienced attorney can conduct a thorough investigation of the driver and his tractor-trailer. The insurance company will try to limit the amount of money that is paid on this claim.

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Answered on 3/15/12, 8:10 am
Ryan Fisher Lowe Eklund Wakefield Co. LPA

Your concerns are well-founded. Insurance companies are in business to make a profit and the less money they pay to your son the more money they get to keep. Trucking cases can become very complicated due to the several layers of insurance that are involved. Thank goodness your son wasn't more seriously injured but you do need an attorney. You will be taken advantage of without one. I could write for hours about the do's and don't's of trucking litigation but it would make more sense to just discuss the matter on the telephone. Please check out my firm at www.lewm.com and feel free to give me a call if you'd like at 216-781-2600.

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Answered on 3/15/12, 9:26 am
John Sauter Cloppert, Latanick, Sauter & Washburn

First and foremost, its incredibly important that you take all necessary steps to ensure that you son is treated for his injuries. It sounds like you are doing that with his upcoming doctor's appointment. Your son's health is something that is incredibly precious and no amount of money would ever be able to compensate him for permanent injuries.

Second, it is important to consult with a personal injury attorney. Generally, injury attorneys will consult with you for free, and will take your case on a contingency basis - meaning that they don't demand any money upfront and don't charge per hour, but will take a percentage of the recovery as their fee, plus any expenses.

If you deal with an insurance company without an attorney, it is likely that they will give you some low-ball offer and try to strong-arm you into accepting the offer and waiving your rights. If you hire an injury attorney, you will have an advocate who will fight the trucking company's insurance company for adequate compensation. The attorney can also work with the various other insurance companies (health, auto). Finally, should any offer you receive from the insurance company not adequately compensate your son for his injuries, the attorney can file a lawsuit in your local court.

Best wishes for your son's recovery. I am available by phone if you have any further questions: 937-642-1819.

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Answered on 3/15/12, 10:37 am
Melissa Lipchak Melissa R. Lipchak, Attorney at Law

I am very sorry to hear that your son was injured in the accident. You should retain an attorney to represent you and your son. Obviously, the most important thing to do is to get your son the medical treatment that he needs. There are various issues involved in personal injury claims that are best addessed by an attorney. Some of these issues revolve around the payment of medical bills and health insurance; whether you or your son have any benefits available to you under your own motor vehicle insurance policy and whether those benefits need to be paid back if there is a recovery from the truck driver. The attorney that you choose should be one that practices primarily in the area of personal injury.

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Answered on 3/15/12, 10:46 am


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