Do I need an lawyer to get a fair deal for a totaled truck after being hit by a semi-truck running a red light?

Asked about 1 year ago - Jackson, TN

My husband was on his way to a doctor's appointment when a semi-truck ran a red light and hit him on the passenger side. He was shaken up and sore at the time and went on to his appointment but his truck is totaled. He already had pain and anxiety medication prescribed so he did not go to the ER. The next few days he was in a lot of pain but took his own meds. He is still having issues with his nerves, not being able to sleep and not being able to drive. The insurance has offered "a couple of hundred dollars" for his pain/suffering and about $2,000 for his totaled truck, a 1994 Chevy S-10 extended cab pickup which is not even close to what we would need to replace the vehicle.

Attorney answers (8)

  1. Christian K. Lassen II

    Pro

    Contributor Level 20

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    Answered . A couple hundred bucks sounds just plain silly. Retain a personal injury lawyer to get maximum compensation.

  2. Daniel Nelson Deasy

    Contributor Level 20

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    Answered . Listen -- your husband needs a personal injury attorney IMMEDIATELY! He was hurt by a semi and his vehicle was totaled. While his focus on medical care is appropriate and warranted, he also need to look at his future and solidify any claim he may end up making -- which is best facilitated through counsel.

    Do not delay! The insurance company for the truck driver is going to be reaching out to pin your husband down on just how healthy he is -- they are not his friends!

    Good luck to both of you.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  3. Charles Joseph Michael Candiano

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    Answered . The only thing I would add is to reinforce that no attorney is going to concern themselves with the property damage. You should demand a market survey if you believe they are low-balling you on the truck. That said, it was a 20-year-old "smaller" pick-up. The insurance company is only obligated to pay you the fair market value, regardless of how well you cared for it.

    Whatever your husband decides to do, NO decision should be made to settle until he is examined by an orthopedic surgeon to make sure that he was not injured more seriously than he realizes. The medication he was taking COULD be masking his pain. Apprehension about driving adds nothing to his case unless it is so bad that it merits additional psychological care AND the therapist relates the need for the care to the accident.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr.... more
  4. Troy Windel Marsh Jr.

    Contributor Level 14

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    Answered . YES. A commercial vehicle wreck is not like a passenger vehicle wreck. Do not treat them the same way. Commercial trucks are governed by different regulations, called the Federal Motor Carrier Safety Regulations, which may provide additional theories of liability and damages, including punitive damages, which are intended to punish and deter the wrongdoer. Few lawyers are qualified to handle trucking cases. Do your homework. Make sure that the lawyer you hire has experience not just handling car wreck cases but cases involving commercial vehicles. Consult a lawyer as soon as possible.

    Answers to questions on this web site are for informational purposes only and do not constitute legal advice.... more
  5. Michael R Crosner

    Contributor Level 20

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    Answered . Definitely time to consult a local TN personal injury attorney!! - either one of the attorneys who responded to your question or another listed on AVVO

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney .... more
  6. Arnold Garson Cohen

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    Contributor Level 15

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    Answered . Yes.

    These comments do not constitute legal advice. They are general comments on the circumstances presented, and may... more
  7. Daryl L. Derryberry

    Contributor Level 13

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    Answered . Insurance adjusters LOVE it when you attempt to resolve this type of claim without the assistance of a personal injury attorney. They are trained to minimize your harms and losses and pay you as little as possible. The insurance company Only cares about paying you as little as possible. Please consult with a personal injury attorney immediately. However, before you do anything else, your husband should be examined by an orthopedic surgeon to determine the nature and extent of his injuries. Good luck. www.urhurt.com

    By providing this legal analysis of the issue presented, no attorney/client relationship is being formed.... more
  8. Jami K Ferrell

    Contributor Level 9

    6

    Lawyers agree

    Answered . First, if he is hurting then he should go and get treatment right away. That means today, right now, somewhere. There is no need to suffer if he can receive treatment. And If he doesn't get treatment then the insurance company is going to try to say "he must not have been hurt that badly".

    Next he (and you) need to stop talking to the insurance company. Often they will record what you say and try to use it against you. Finally, you need to go out and find a good lawyer that you trust to help you. They will be able to better tell you what you need to do next. If you have a relationship with an attorney right now call them and ask if they can help you and if they don't handle these types of cases ask them if they can refer you to someone they trust.

    If you want more information please feel free to check out my website at www.LawFerrell.com. I've got a lot of information on it that you may find helpful.

    Good luck - Jami

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