Long story short, two years ago a friend of mine was hit on his motorcycle by a semi-truck hauling mail for the USPS on his way to work. The truck failed to yield at an intersection. It is in no way my friend's fault, as stated in the police report. Open and closed case except he had illegal substances in his urine from a few days prior. We have been through one commercialized attorney, a paralegal, and are now using a local attorney. The case has been filed with the court, but has stalled for 2 1/2 years. In your expert opinion, is there any way he can win this case?
2 Answers from Attorneys
I don't know what you mean by commercialized attorney. And then a paralegal to handle this claim?!!? This type of case can be complex and challenging. There are special aspects to cases involving motorcycles, and even more specialized aspects (including federal regulations) involving trucking cases. Hopefully, your friend is represented by a personal injury lawyer who has experience in both of these areas.
As far as whether or not he can win, that depends on many factors, including an Arizona statute that could potentially bar recovery depending on specific facts. Your friend's lawyer should know more about the case than anyone here.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal advice and help with your specific situation at your earliest convenience. I am licensed to practice law in Arizona.
To obtain an expert opinion from another lawyer, your friend would need to sit down with another lawyer and provide all the relevant information he has about the case including police reports, medical records, pleadings, and any other information that is related to the accident. It sounds like your friend has gone through a lot on his road to recovery. It is not completely unheard of for a case to stall before it goes to trial as the courts get backed up, and if settlement is not possible, your friend may need to wait until he gets his day in court. That being said, it is still possible to successfully settle, or win a case at trial after 2 1/2 years. If your friend needs legal advice, he will need to speak with his attorney, or sit down with another attorney for a formal consultation.