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Jennifer Leonhardt Ojeda

Jennifer Ojeda’s Answers

8 total

  • Can I do anything if a semi almost hit us head on?

    Semi was passing another semi and went to the side off the road but decided to get back on knowing we were coming. At the moment it was my sister and I and my infant baby. It was literally seconds away from hitting us head on. What we did was reve...

    Jennifer’s Answer

    I agree with most of what's been said above. Count your lucky stars that you and your family are safe. You can and should report the trucking company's unsafe driving to your state DOT and the trucking company involved. If you report to the trucking company directly, try to do so in writing (by email or letter). I think you should tell them they need to know what's going on with this driver because you don't want him or her to cause a much more devastating wreck in the future. You might feel like it won't help much, but, on the other hand, you might just save someone else's life. At least you'll know you've done something - the few minutes it will take this is totally worth the peace of mind that you might have prevented it from happening again.

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  • I am a lease operator trucker and was hit by another trucking company in California they have paid to repair my truck but I was

    was unable to recover the $10,000 in lost revenue ..is there anyway I can I hire an attorney to represent me in this matter in California?

    Jennifer’s Answer

    Of course you can hire a lawyer for this. If you plan to try and recover for the lost revenue, I strongly suggest speaking with an attorney before signing any releases or other settlement documents from the other motor carrier's insurer. The insurer will likely ask you to sign something after paying for your repairs, but signing it could potentially bar you from pursuing the lost revenue claim. Have a lawyer look at it first. You'll probably want to get a full insurance policy from the other trucking company (policies for the truck and trailer). There may also be other means of recovery, which is why it would be good to hire a lawyer. For instance, check your insurance policies for any disruption of business benefits. Be aware that there are usually some reporting deadlines to make claims under your own policy, so don't sit on it. There are also deadlines for making claims like this in court. Look for a local lawyer with a good reputation. Ask around - maybe your friends can recommend someone they know. It's probably best to hire a lawyer who's familiar with the trucking business so he or she understands how you make money (and how dependent your market is on timely delivery and availability). Hope this helps and best of luck to you!

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  • Whose fault the accident occurred? Whose insurance company supposed to pay towing bill and damages? Thank you.

    I have trucking company, my truck was parked on the shoulder of interstate I-80 in OH due to tire blow out, and the truck from coming traffic hit my trailer from the back. My trailer is total lost, truck was damaged and 15% of the cargo was damage...

    Jennifer’s Answer

    I agree with all that was said below. I'll add only this (taking into account that hindsight is always 20/20): you need to train your drivers that, in addition to immediately turning on their hazards, they should promptly and safely set out their safety triangles and/or flares pursuant to the FMCSRs (FMCSR §392.22 and other regs apply). I realized it's too late to prevent any harm here, but just think of all the hassle a little bit of basic training could have prevented. Perhaps next time around, your training will help to save a life. Best of luck to you.

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  • Who are the best trucking lawyers in the US for a large commercial trucking case?

    Who are the best trucking lawyers in the US for a large commercial trucking case?

    Jennifer’s Answer

    I'm sorry that you're having to seek this advice. This must be a very hard time for you. I know that hiring an attorney is probably the last thing you want to think about right now, especially if you or a family member was injured, or worse, killed, in a truck wreck. That said, you're wise in seeking out an attorney now. The problem in these cases is that the evidence starts disappearing almost immediately after the wreck - especially when a large trucking company is involved. You will need to hire an attorney so you can preserve that evidence. The attorney you hire, needs to know what evidence needs to be preserved. This is a highly specialized field and you'll need someone with trucking litigation experience to handle your case. If you want to know the truth, there are several attorneys who probably say they specialize in trucking litigation. It's best to do your research and don't be afraid to ask prospective attorneys about their trucking litigation experience; after all, they will be working for YOU. Here are a few things I tell my own family members when they're interviewing attorneys:

    (1) Meet with the prospective attorney face-to-face. Many attorneys use paralegals to take your information and get some general facts from you, and that is perfectly acceptable. However, when it comes to signing that contract, the actual lawyer needs to take the time to meet you face to face. The consultation should be free. If they don't make the time to meet with you now, then how do you think your case will be handled by them?

    (2) Before meeting with the prospective attorney, write down any questions you may have about the litigation process or the attorney in general. Don't trust your memory in this situation - write the questions down and before you leave the attorney's office, look at your list of questions one more time to make sure they've all been answered.

    (3) Ask about the attorney's experience in trucking litigation (i.e., number of cases they've handled, works they've published on trucking related matters, number of lawsuits they've actually litigated, trial experience, etc.). Don't be shy. Any lawyer with experience in this area will be more than happy to share their war stories with you when asked.

    (4) Do your own research on the prospective attorney. Look at their websites, read their LinkedIn profiles, and see what other attorneys say about them. Ask your friends and family members for help if this is overwhelming. They're often happy to help you out.

    (5) While time is certainly of the essence in these cases, you should not feel pressured to hire someone. Make sure you feel comfortable with the attorney you hire. They should care. You will need to trust them. The prospective attorney can be the most amazing trial attorney on the planet, but if you don't feel like you can ask him or her questions as they arise, then maybe that attorney is not the right one for you.

    I wish you the best of luck finding the right attorney for your case. I see that many commenters recommended hiring Joe Fried. For purposes of full disclosure, I used to work for Joe Fried and still work with him on cases. I work with him because I think he's one of the best.

    I hope this information has been helpful to you. I am an attorney licensed to practice law in the State of Geogia. The above response does not constitite legal advice, nor does it create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I urge you to consult with an attorney in your state in order to ensure proper advice specific to your case.

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  • I was in a car accident and my car was totaled from crashing into a big rig , but it was the truck drivers fault

    i was in left lane-truck driver was in the right- truck driver cut right in front of me to make a u turn. there was no way i wasnt gonna hit him

    Jennifer’s Answer

    I agree with most of the other responses. You need an experienced trucking attorney in California if that is where the collision occurred. Meet with the attorney face to face and bring a list of questions with you. Ask about the prospective attorney's experience in trucking specific litigation. I do not agree that the police report is going to tell you whether or not you have a case. Trucking cases are not the same as regular car wreck cases. Best of luck to you. I hope you were not seriously injured in this wreck. It's certainly a scary experience, isn't it?

    I hope this information has been helpful to you. I am an attorney licensed to practice law in the State of Geogia. The above response does not constitite legal advice, nor does it create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I urge you to consult with an attorney in your state in order to ensure proper advice specific to your case and consistent with your pending litigation is received.

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  • What should I do its been 3 months since a car accident, Suffering from a lower back minor injury?

    and I havent seeked any medical attention because I do not know if im covered by the person at fault and do not have money to front to the hospital. I was a passenger and we stopped at a red light. Waited until green, as we made a left on green a ...

    Jennifer’s Answer

    I agree that you should hire a lawyer. Also, I'm not clear on why you need to go to a hospital for care. I'd probably see a general practitioner first to have x-rays done and see whether there is anything wrong. That's probably much less expensive than going to the hospital right off the bat. Just some humble advice. Best of luck to you and hope you feel better soon and get the help you need.

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  • 18 wheeler accident 2 years ago. Moved from state court to Federal Court! Is this normal? Long Wait

    Involved in 18 wheeler accident 2 years ago. Moved out of state court to federal court. How long is the discovery process there? I went through a deposition over a year ago. Is the wait actually this long? 2 years. Haven't been given a trial date ...

    Jennifer’s Answer

    I agree with what everyone is saying. You should feel comfortable discussing this with your lawyer. One helpful tip for you: before you speak with your lawyer, take the time to write out all of the questions you have for him or her. That way you know all of your concerns will be addressed. Just to add to what was said below, remember that it is generally unwise to settle or try a case before the plaintiff is done treating. This is because you just never know what the future holds - you want to make sure that if there's an issue with the surgery, that issue will be considered when the other side, or ultimately the jury, decides on how much you will need to be compensated for future medical expenses and future pain and suffering. If you resolve things before that time, then you may be at a disadvantage because once the case is resolved, you cannot go back and ask for more money later. So, you had surgery a year ago. If you settled or tried the case before you had surgery, then the surgery would probably not be considered part of your damages. As far as after your surgery, your doctor probably wanted to see you, run tests, and make sure everything went smoothly before releasing you from his care. It's not generally not in a plaintiff's best interest to resolve the case before he or she is released from care. What if the surgery didn't take or the doctor had to go back in and do more? If the case resolved before the surgeon had the chance to make sure that all went well, then you would be missing out and you'd have to pay f

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  • Two years ago I was a trainee truck driver involved in a terrible accident but my trainer was driving when the accident occurred

    Two years ago, on a road trip with my trainer we were involved in a terrible road accident. My trainer was the driver at the time of the accident. I gave the case to a lawyer to handle the case who after a long period wrote me that there was nothi...

    Jennifer’s Answer

    • Selected as best answer

    I agree with the others who have posted advice here, especially those who've recommended that you try to find another attorney immediately - I cannot stress that enough. If you wait too long, your claim may be barred forever. You may ultimately need to hire two attorneys - one who specializes in workers' comp and another who specializes in personal injury/ car wreck cases. It's difficult to discern from your description who ultimately caused this wreck (trainer or other driver). If you were involved in an accident with another tractor-trailer, I recommend that you first reach out to a lawyer who specializes specifically in truck wreck cases. This is very important because, as you probably know by now being a driver yourself, driving a truck differs from driving a car - trucks weigh more than cars, are handled differently, and are governed by the FMCSRs. If you talk to someone who claims to be a trucking attorney but knows nothing about the regs, you'll know it's time to move on. Many attorneys claim they they've handled trucking cases, but few actually have the experience to back that claim up. Time is of the essence. Again, do not delay this any longer. Look at that letter to see whether your former lawyer explained any important deadlines and ask for a full copy of your file - you're entitled to have it. Talk to family and friends to get trustworthy referrals - even if someone has a family lawyer they know, that family lawyer may be able to recommend a good personal injury and/or workers' compensation lawyer they've worked with in the past. Like anything else, credibility is key. Here are just a few tips I give my friends and family when they're looking for the right lawyer: (1) have a face-to-face with any potential lawyers - if he or she won't meet you in person, think of how the rest of your case will be handled; (2) your consultation should be free and you should have the opportunity to meet with the lawyer instead of only getting to speak with a member of his or her staff (paralegals and legal assistants are often used to initially screen a case and gather information - that's perfectly OKAY, but you should also meet the lawyer - after all, they are working for YOU); (3) before any meeting, take the time to write down a list of questions and/or concerns you have (yes, actually write them down and bring the list to the meeting - don't just expect that you'll remember everything you want to ask) - no question is insignificant or stupid - if you don't feel comfortable asking this particular lawyer your questions, then move on to the next one because communication is key; (4) before your meeting, also write down a list of all the physicians who've treated you for your injuries, what you were treated for, how much it cost, and where you're at with your treatment now - also make a list of any pre-existing injuries and previous car wrecks - this will save everyone some time; (5) ask about any lien rights the workers' compensation carrier may have if you bring suit against the folks who caused your wreck; (6) don't be afraid to ask the attorney about his or her own experience (i.e., how many cases have they tried; what percentage of their work is dedicated to personal injury and/or workers' compensation, etc.) - an experienced lawyer will be more than happy to share their war stories; (7) if you like the lawyer you meet with but they can't handle your case, ask for a recommendation; (8) be honest and forthcoming about your medical history, driving history, and criminal background because the last thing you want to happen is for something to be brought up by a defense lawyer to harm your credibility (your conversation shoulf be confidential); and (9) it's generally best to hire a local lawyer who's respected in your community. I hope these tips at least help get you started. Best of luck and I hope you are feeling better and back to work.

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