Skip to main content

I am a company long distance truck driver and the victim of a hit and run. The driver who hit my trailer, knocking me from my

Sparks, NV |

bunk onto the floor, was subsequently apprehended. He was driving an insured car owned by his grandmother. I live in Oregon, my company is in Washington and the accident occurred in California. I was parked at the time, waiting to deliver my load. I have had problems with my elbow joint since that is what I hit the floor on. Do I have a civil case or is it workers comp only? I did see a workers comp Doctor who returned me to full work capacity, but I am still having pain.

Attorney Answers 5


  1. Best answer

    You have both a workers compensation and a third-party claim against the adverse driver. Contact a personal injury attorney in the state where this incident occurred.You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not 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. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.


  2. From your facts you definitely have a worker’s comp. case and potentially a third-party case against the driver. I say potentially because that really depends on your injuries and/or damages. You should first talk with a local worker’s comp. attorney and find out what your state’s laws are regarding reimbursement of worker’s comp. benefits in a third party cases.

    If you have low damages and have to pay back all or most of your worker’s comp. benefits then it may be better off financially to just go with worker’s comp.

    Good luck

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.


  3. There is a civil case for liability, or "third-party claim", against the other driver. Workers' compensation claims and third party liability claims are interrelated. It is a good idea to consult both a workers' compensation and personal injury attorney who will work together to maximize your compensation under both claims. Please feel free to call me to discuss.

    S. David Rosenthal
    ROSENTHAL LAW
    2251 Douglas Blvd., Ste. 120
    Roseville, CA 95661
    Phone: (916)774-7200
    Fax: (916)774-7203
    sdr@drinjurylaw.com
    www.rosenthalinjurylaw.com


  4. You have both a civil case and a workers comp case. Because the accident happened in California, you must retain an attorney there.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.


  5. You have a civil case- BUT THERE MAY BE NOTHING TO GET FROM THE OTHER DRIVER.

    The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Howard Roitman, Esq. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

Personal injury topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics