My husband was T-boned by an 18 wheeler monday morning while working.

Asked almost 2 years ago - Marietta, GA

The truck spun him in a 90 degree angle and pushed the vehicle the length of a football field. My husband was injured, although due to having no insurance he was not taken to the hospital in an emergency vehicle, rather his co-worker drove him. His boss said that he would be contacted by the company rresponsible and no tot say anything. WHat should he do? The 18 wheeler ran a red light and hit them going about 50-65 mph and there was no evidence of an attempt to slow the truck.

Attorney answers (18)

  1. L. Ty Wilson

    Pro

    Contributor Level 13

    12

    Lawyers agree

    Answered . I am sorry to hear about your husbands collision and injury. You need to retain legal counsel. It sounds as if your husband may have two separate claims one for Personal injury as it relates to the 18 wheeler and one for workers compensation. If handled properly the fact that your husband does not have health insurance will not keep him from getting the care he needs.

    I am happy to discuss this further with you. I can be reached at 770-948-5454.

    Good luck.

    This response is for general information only, no attorney client privilege has been established by this communication.
  2. Evan A. Watson

    Pro

    Contributor Level 13

    9

    Lawyers agree

    Answered . Your husband needs a good lawyer to investigate his potential options as well as liability and any damages that exist. I would be happy to speak to him and point him in the right direction. Where was the accident?

    Evan A. Watson is a Georgia licensed attorney. All information is based on Georgia law, and no response should be... more
  3. Ashley Anne Digiulio

    Pro

    Contributor Level 16

    9

    Lawyers agree

    Answered . the most important thing that you can do is make sure that your husband gets the medical attention that he needs at this time. Once you have that in place, you should contact an attorney in your area that practice is personal injury law. I am in Marietta, and am available to speak to you.

    The DiGiulio Law Firm, LLC. Phone: 888-540-4529 Website: www.atl-law.com Atlanta, Marietta, Lawrencevile,... more
  4. Aaron P. Marks

    Contributor Level 11

    7

    Lawyers agree

    Answered . Your husband needs to receive medical care. Because he lacks health
    insurance many doctors will not treat him without being paid upfront. I can
    arrange for your husband to receive care *without upfront payment*.
    Additionally, your husband should not sign any documents the insurance
    company presents him before speaking with an attorney. I would be glad to
    speak with him for free. Please contact me with any questions.


    Regards,

    Aaron Marks
    404-939-1485

    --
    Aaron Marks, Esq.
    The Marks Law Group, LLC
    103 W. Dearborn Circle
    Decatur, GA 30030
    www.markslawgroup.com
    aaron@markslawgroup.com
    404-939-1485 (ph)
    404-581-5902 (fx)

    If you find this answer helpful, please mark it here on AVVO as helpful. In
    answering you, I am attempting to communicate general legal information and
    am not representing you (and am not your lawyer). Do feel free to call me
    at 404-939-1485 if you wish to discuss actual representation (the phone
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    counsel rather than rely on the answers here. (You can also email my office
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    ATTORNEY-CLIENT PRIVILEGED; DO NOT FORWARD OR DISCLOSE WITHOUT EXPRESS PERMISSION. Communications from attorneys... more
  5. Kimberly Waters Grant

    Contributor Level 8

    7

    Lawyers agree

    Answered . I hope that your husband is on the mend. The employer is correct - your husband should not give any statement. You and your husband should contact an attorney as soon as possible to make sure that his rights are protected. Evidence must be secured and letters sent to the at fault trucking company to prevent them from destroying evidence. I would be happy to provide a free consultation.

    Kimberly W. Grant
    404-995-3953
    kgrant@waynegrant.com

  6. Sam Louis Levine

    Contributor Level 14

    6

    Lawyers agree

    Answered . That is so awful. I am so sorry that this happened. It must have been very scary for your husband. Your husband needs to get prompt medical attention & continue with his treatment until he is better. Your husband should not speak with anyone from the trucker's insurance company. Ya'll really need to speak to an attorney as soon as possible. You are welcome to contact me on my cell phone anytime day or night @ (404) 468-4689, including over the weekend, if you would like to talk. I can also visit ya'll if you would like. I hope your husband feels better. Take care.

    Sam Levine, Esq.
    (404) 468-4689

  7. Matthew Chase Swanson

    Pro

    Contributor Level 13

    6

    Lawyers agree

    Answered . As others have suggested, your husband has a potential workers' compensation claim as a result of being injured while on the job. With the help of a reputable workers' comp attorney, he should be able to obtain all the care he needs to get better.

    He also has a liability claim against the truck driver and his employer as a result of his negligence in running a red light. Claims against trucking companies are very different than claims against individuals like you and me and the insurance companies that insure us. For that reason, I highly encourage you to contact a firm with experience handling these types of claims. It is also important to do this quickly to preserve any evidence and speak with any witnesses that may be needed later.

    My firm has handled a variety of these types of claims up to and including wrongful death claims. You can find out more about these cases on our website (http://www.awjoneslaw.com/Personal-Injury/Tract...). Please feel free to contact me at (770) 427-5498. We are also located in Marietta and would be happy to meet with you or discuss the case at your convenience free of charge.

  8. Christian K. Lassen II

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . Don't let him speak to the insurance company or make a statement. He needs a good lawyer so he can get maximum compensation.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  9. Glen Edward Ashman

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . What a horrible accident! I hope your husband recovers soon.

    Your husband needs tio get legal counsel immediately and should NOT talk to the company responsible or their insurer. Any statements he makes will be used against him.

    I see two possible claims:

    (1) a negligence claim against the trucker (and likely his employer) for his medical expenses, pain and suffering, lost wages, etc.

    (2) a possible workers comp claim with his employer (workers comp is likely required to pay his medical bills so don't fret about his lack of health insurance). There are specific requirements for making that claim in a timely fashion.

    I'd be very happy to schedule a free consultation. I handle such cases and the other lawyer in my building also does. Call me at 404-768-3509, or email me at geaatl@msn.com over the weekend.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more
  10. Randy William Ferguson

    Contributor Level 19

    6

    Lawyers agree

    Answered . You should hire an attorney as soon as possible. Trucking companies are very difficult to deal with in cases.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The... more
  11. Scott J. Corwin

    Pro

    Contributor Level 18

    6

    Lawyers agree

    Answered . Your husband needs proper medical attention and an experienced personal injury attorney to represent him.

  12. David Mark Kupsky

    Contributor Level 10

    4

    Lawyers agree

    Answered . Generally, all of the answers provided contain useful information for you. Your husband has a variety of claims which need to be carefully handled by competent counsel. It is very important that you carefully select an attorney and I would suggest speaking with more than one attorney before making a selection. Having represented numerous people in similar matters, I would be happy to discuss this you and your husband or make a referral to other very qualified attorneys.

    This answer is for general purposes only and does not create an attorney/client or confidential relationship which... more
  13. Robert E. Mulholland

    Contributor Level 2

    4

    Lawyers agree

    Answered . I agree with the advice shared by all the fine lawyers on this service. Medical treatment can be arranged. Since he was working, workers's comp may also apply. We would be happy to discuss all options with you and your husband.

    Best Regards

    Robert "Mully" Mulholland
    The Mulholland Law Firm
    770.350.2691

  14. Andre' Dennis

    Contributor Level 4

    4

    Lawyers agree

    Answered . I pray your husband makes a full recovery. In addition to the information listed above, it is extremely important that you retain counsel that has handled 18 wheeler accidents in the past. An 18 wheeler accident is completely different from a regular car accident, and it should be handled by law firm/lawyer with keen insight in this area of law.

    Best regards,
    André Dennis
    404-850-7951

  15. David Thomas Dorer

    Contributor Level 12

    3

    Lawyers agree

    Answered . Your husband needs an attorney. Not just a personal injury attorney, he needs an attorney that specializes in trucking accidents. There are many State and Federal regulations that relate to the operation of commercial vehicles and many of these regulations are violated by "over the road" or "long haul" truckers.

    Many personal injury attorneys that do not specialize in trucking litigation treat trucking accidents like "big car wrecks." They are very different beasts in and of themselves, and should be handled differently. Beyond your husband's compensatory damages (your husband's medical bills, lost wages, property damage to his vehicle, pain, and suffering) you may also have a claim for loss of consortium (the loss of services and marital duties of a husband), and there very likely is a claim for punitive damages against the truck driver, the trucking company, or even against the insurance company directly, in Georgia.

    Many folks here mentioned being able to get medical care without medical insurance. Any attorney should be able to help your husband with that. It's called a "medical lien" and means that the doctors' services will be paid out of any settlement and verdict that you and your husband receive from the insurance company for the trucking company. Any attorney's office can do that for you. Generally speaking, medical providers won't accept payment on a lien basis without an attorney representing the patient, so keep that in mind.

  16. David Hughes Harris

    Pro

    Contributor Level 15

    4

    Lawyers agree

    Answered . As others have suggested, there may be 2 claims here, (1) workers compensation, and (2) and third party truck accident claim (against truck driver/trucking company). Your husband should consult a lawyer.

    Also true that trucking cases can be challenging because many truck carriers have their insurance adjusters, and even an attorney, on the scene shortly after a crash.

    Your husband should consult a lawyer as soon as he is able to do so.

    DISCLAIMER: We do not have an attorney-client relationship. Only those persons who have a signed written fee... more
  17. Anthony Charles Kalka

    Pro

    Contributor Level 9

    2

    Lawyers agree

    Answered . You husband has multiple ways for to recover and be compensated for this accident. Many attorneys have responded to your question and I suggest you contact an experienced attorney ASAP. The trucking company has no obligation to retain log book or speed data unless they are properly placed on notice. Please contact a lawyer as soon as practicable. We specialize in Truck Accidents and would be happy to speak to you about your case. 404 835 8072

  18. Matthew E. Wright

    Pro

    Contributor Level 12

    3

    Lawyers agree

    Answered . First: focus on helping get your husband the medical care he needs. There are many good doctors you might treat him for "deferred payment" or work on another payment arrangement with them. A good trucking/personal injury lawyer can help you with this. Second, in this condition your husband should not give an statement to the trucking company's insurance company without first speaking with his own trucking lawyer. You should find and retain a lawyer who specifically handles cases against trucking companies. Cases against professional drivers and trucking companies are much different than cases involving automobiles. You will need someone familiar with the regulations governing trucks who knows what evidence will need to be gathered. There may well be many other reasons why the truck ran the light, including whether the driver was overworked or operating over the maximum amount of allowed driving hours.

    Law is state-specific and laws may vary from state to state. You should consult an attorney in your state for... more

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