I don't know if you some of you guys remember reading my post a while back, where people were asking about lift laws, and I told a story about when I was involved in a accident involving a kid rollerblading into the side of my truck, and that they should take the lift laws seriously.
Also, that if my truck wasn't legal when DOT did there inspection I would of been screwed.

Well I was served today, 2 years after the accident. The suit is for a total of $1,250,000. yea, that’s one million,two hundred and fifty thousand dollars.

My birthday was Sunday, between the death of my cousin and this, I tell ya, it can only get better.


Anyhow, my insurance company ensures me that this will be no big deal and that they basically will pay out medical and some pain and suffering damages but not close to what they are asking.
The kid, was really in bad shape the first week, he was in a coma for a couple days, and it didn't look good. It was the most awful experience of my life and I’ve seen a lot of carnage in my past, believe me.

Well, this kid had a full recovery, and now plays on the middle school football team and is involved in many other sports.
He is a B student in his studies as well.

So, besides venting a little, let me reiterate, that if your state has a lift law, be it bumper height or frame height, make sure you are legal, if something like this happens to you and your illegal, you won't have a leg to stand on.

 

maybe kids shouldnt rollerblade into the side of ANY trucks, lifted or not, and then the polices and courts wont have to waste tax dollars to remind the kid that he is an idiot. i think its oppourtinity knocking for the parents. $$$$$$$$$$


BuiltToughF250

 

Well, a little back ground: the kid, no helemt, no pads, no heel brake on his rollerblades.
He was 10 at the time, no parents at home and could not be located until hours after the accident.
Witneses statements said, there was nothing the driver(me)could do.
He skated out a driveway that had two full sive vans on both sides of the approach.
No tickets were issued, my truck was inpounded, but after DOT ispection, truck was 100% legal.

I was in contact with the mother throughout the month to follow.
I remeber her exact qoute: I told him a hundred times, not to do that in the street!!

Anyhow, I will keep you updated on what happens with the case.

 

YETI i think you could rest easy tonight. it sounds like the odds are 100% in your favor. just keep your cool in front of the judge. im sure the judge just wants you to show up so they can close the case.


BuiltToughF250

 

Well, this probably won't even see the courts for a few months, so I will wait and see.

Thanks

 

I wasn't gonna respond to this but I can't hold my tongue...character flaw I guess. Ya see for the past 15 yrs or so I've had the pleasure of being an insurance investigator/adjuster who investigates and settles all forms of claims in every form of business, personal and commercial. The one you've outlined here is a common occurrence. I've learned over the past 15 yrs that we live in a corrupt society, governed by corrupt attorneys and judges and politicians that are ALL in each others pockets. The saddest enlightenment that I've come to realize more recently, within the past few yrs I guess, is that the common person in this country is becoming just as corrupt as those that they'll chastise for their unfairness or whatever you want to label it as. I truly believe that juries today, which are supposed to be made up of one's piers, and be unbiased, have one thing in mind anymore........one day soon it will be my turn on the receiving end so, regardless of the facts, let's award a ridiculous amt of money on this case. And so it goes. We live in the United States of America where the American dream has become, How to make a million dollars for nothing, at the expense of every other citizen in the country. Sorry if I'm cynical but this is reality folks. Has anyone ever heard of the Stella Awards? The Stella Awards are a list of cases and awards that have come out following the award to the woman who was burned by the hot coffee at McDonalds. I'll cite a few just to make a point: A man is driving his new motorhome down the interstate when he dicides to get up and get a cup of coffee. He got out from behind the wheel and went to make the coffee and needless to say a terrible accident ensued. Since the mfg didn't state in the owner's manual that you can't leave the wheel when operating the vehicle he was awarded a tremendous some of money and the mfg was forced to buy him a new motorhome. Neighbor's dog bites a gentleman. The dog was tied on the owner's property. The victim is awarded something like 9,000.00. The jury said that the award was minimal since the victim was shooting the dog with a bb gun when it bit him and that this may have had something to do with it. Burglar breaks into a residence and somhow gets himself locked into the gatage of the residence with no way out. He is stuck in there for two days and survives on a bag of dry dog food and a case of soda. He files suit and is awarded a substantial amt of money since the jury believes there was a hazardous condition on the property. A man runs over another mans hand with his car. The gentleman who was run over was in the process of stealing a hubcap when his hand was ran over. He too was awarded a substantial amt of money because the driver should have seen him. Believe it or not people the courts are full of similar cases that are being awarded money UNJUSTLY. The problem is that everyone is making money, big money on frivalous claims, the attorneys, the judges, the general public and we're all paying for it. All I can say, based upon yrs of experience is that we like it this way. And yes, I'm cynical because I deal with it everyday. I apoligize to the board for this rant, and YETI, I apologize to you if I've upset you re your case. The only thing I would say further is that NO case, no matter how frivalous, is to be taken lightly, and it ain't over till it's over. There is no atty in this man's world that is going to represent a case that he doesn't believe he can win. God Bless America.

 

Well, recently as two weeks ago I was selected to sit on a jury in a civil case involving an auto accident. Three vehicles involved. Man in vehicle #2 was sueing man in vehicle #3 for pain and suffering because vechicle #3 hit #2 from behind which pushed #2 into #1. Looking at the pictures of the plaintive's vehicle, we had no doubt that the plaintive suffered the injuries he claimed. He was off work for 3 months. He had a full recovery and was back at his job. He claimed the defendent was negligent in causing the accident. Without going into all the details, we the jury in a 11 to 1 vote found the defendent NOT guilty of negligence. We felt bad for the plaintive, but sorry, it was an accident, which we believe the plaintive had brought upon himself. We also thought that the amount the plaintive was seeking was extraordinary! When we left the court house, each one of us except the one felt we did the right thing.

 

No problem Quikirk ,ironically enough, my wife is a P.I. lawyer, so I know first hand some off the "Garbage" that goes through the court.
I also personally know the Attorney that will be representing me and my insurance company for the case.
Since a minor has until he or she is 18 to sue the case, I guess it's better to happen now rather than years down the road.

Believe me, I am not taking this lightly, but also I can't let it consume me either.
I hope that the jury, if it does in fact go to a jury, has the common sense to see the facts and act accordingly.

The biggest things on my side are the witnesses statements, the fact that no traffic tickets were issued, and that the truck passed DOT inspection.
Hopefully, the people will realize that sometimes, un-supervised children are to blame as much as someone in the wrong place at the wrong time is.

Quikirk, I do agree with you, and believe me, there are times when I can't even listen to my wife about a particular case without wanting to slap someone up side the head.

I always say " The only way to get rich now a days is to inherit, win the lottery or sue someone"

 

>I hope that the jury, if it does in fact go to a jury, has
>the common sense to see the facts and act accordingly.
>
>The biggest things on my side are the witnesses statements,
>the fact that no traffic tickets were issued, and that the
>truck passed DOT inspection.
>Hopefully, the people will realize that sometimes,
>un-supervised children are to blame as much as someone in
>the wrong place at the wrong time is.

I am sure this will settle out of court for the limit of your insurance policy. The only way it will go to court is if you have a lot of personal assets that the parents can go after or if the parents are convinced you are severly guilty and at fault and want to "punish" you.


When on two wheels-
FXSTC
Mesa- AZ

2003, F-350, Lariat, V10, CC, LWB, Dark Shadow Grey, 6sp Manual, "get off your lazy *ss" FX4, 4.30, Camper Pkg, Sirius Satellite Radio, Borla cat-back, Granatelli MAF, K&N Gen II FIPK, et. al., ad infinitum, ad nauseum...

 

>I am sure this will settle out of court for the limit of
>your insurance policy. The only way it will go to court is
>if you have a lot of personal assets that the parents can go
>after or if the parents are convinced you are severly guilty
>and at fault and want to "punish" you.
>
>

Well, the insurance company already tried to settle with them, but you know how greed overcomes some people I guess.
As far as the personal assests, I guess that depends on who you ask.

I will say this, the parents of this kid at the time, didn't have to nickels to rub together, so you figure it out.

 

[updated:LAST EDITED ON 05-Nov-02 AT 10:50 AM (EST)]. The only way it will go to court is
>if you have a lot of personal assets that the parents can go
>after or if the parents are convinced you are severly guilty
>and at fault and want to "punish" you.
>
>
>When on two wheels-
>FXSTC
>Mesa- AZ
>
>2003, F-350, Lariat, V10, CC, LWB, Dark Shadow Grey, 6sp
>Manual, "get off your lazy *ss" FX4, 4.30, Camper Pkg,
>Sirius Satellite Radio, Borla cat-back, Granatelli MAF, K&N
>Gen II FIPK, et. al., ad infinitum, ad nauseum...

Being "severely guilty" is like being a "little pregnant". You can be found liable, and the jury can award treble damages due to wanton disreguard and negligence in a civil case, but if your guilty, your just plain guilty in criminal cases. In a civil case, either you are liable or not liable for damages. The plaintiff can ask for any amount they deem justified, but if they are out of line, then the jury will take that under advisement when rendering a verdict and damages.

Yeti: It sounds like you know the score so far. I am sure your wife advises you well. It may also depend upon where the case will be heard. As you know, you can always petition the court for a change of venue. There is not much more to say except sorry to hear of this, and good luck.

 

I believe the world is neither round, nor flat, but CROOKED.

 

>cases. In a civil case, either you are liable or not liable
>for damages. The plaintiff can ask for any amount they deem
>justified, but if they are out of line, then the jury will
>take that under advisement when rendering a verdict and
>damages.

In the state of AZ there is 100% of guilt to be assigned to all parties involved. That means (if Yeti was in AZ) that he could be found anywhere from 0% to 100% at fault in the incident. Typically in AZ no one is found 100% at fault. If this were happening in AZ then the jury would assign levels of fault to both Yeti and the kid. In this case it sounds like it might ne a little more lopsided then the plaintif would like.

When on two wheels-
FXSTC
Mesa- AZ

2003, F-350, Lariat, V10, CC, LWB, Dark Shadow Grey, 6sp Manual, "get off your lazy *ss" FX4, 4.30, Camper Pkg, Sirius Satellite Radio, Borla cat-back, Granatelli MAF, K&N Gen II FIPK, et. al., ad infinitum, ad nauseum...

 

> I believe the world is neither round, nor flat, but
>CROOKED.




and thats the sad, sad truth.



YETI: my girlfriend and i just went through a long drawnout court battle with a former employer of her's. the charges were crazy and unbelieveable to me and any other saine person but jury saw it differently and we lost.

i wish you all the luck and good fortune in the world my friend.