Legal Question in Personal Injury in Alabama

My husband was in an accident at work no tickets were given to the young man tha

my husband was working on the road, sweeping the road with a broom sweeper( the equipment), and was hit from the behind by a teenage driver whom was speeding and had beer in the vehicle as soon as it happened he started throwing the beer in the woods, he was caught doing that and was made to pick it up, but the state trooper didn't even give him an breathalizer testmy husband has had headaches and neck pains since then and has reported them, I would like to know what options do we have?


Asked on 5/20/00, 3:19 pm

3 Answers from Attorneys

Jon Lewis Lewis, Feldman, & Lehane, LLC

Re: My husband was in an accident at work no tickets were given to the young man

Please give me a call at (888) 295-7409 or (205) 254-3927. I would like to know where this occurred and review the accident report. Your husband should report his medical problems to his employer and file a workers' comp report so that his medical bills will be covered by the workers' comp carrier. I look forward to hearing from you.

Sincerely,

Jon E. Lewis

[email protected]

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Answered on 7/05/00, 9:58 am
Walter Grantham Grantham & Grantham

Re: My husband was in an accident at work no tickets were given to the young man

Since your husband was on the job, he should be entitled to workers' compensation benefits. He can also assert a claim against the driver.

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Answered on 7/04/00, 10:15 pm
Dennis Harmon Dennis Harmon

Re: My husband was in an accident at work no tickets were given to the young man

Let's break this down three ways:

1. You are concerned about the young man's lack of a ticket. This makes no difference in your case. The breath test results- if given- would not have been admissible under the state's implied consent law in your civil case. You can, however, testify to everything you saw, heard, or smelled so the evidence goes in. The beer etc., will be heard by the jury if the case goes that far.

2.This is a workers comp. case if your husband was employed by someone else. I know a lot of folks own their own sweepers...which is he employed or self employed? Workers comp only covers medicals and loss of income past, present and future. Pain, suffering and the other losses will be covered in the auto case. The auto case can be a vehicle also to pay medicals and income loss.

3. The auto liability case: this is clear liability. Notify your own carrier and your employer's auto to be on the safe side. Let the young man's insurance carrier know about the workers' comp claim if any. The young man's insurance company will have to pay workers comp or your health plan back for the money they put out on your care.

Finally, do not settle anything quickly. Soft tissue injuries like are described sometimes take as long as 14 months to heal. The insurance people will want to settle quickly. You wait until the doctor releases you. Call or write if you have any questions.

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Answered on 7/06/00, 11:53 am


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