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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

Bristol, TN |

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 nothing he could do about. I was cut from the allowance I was receiving from workers compensation. I have no job now and I have lost my house and my vehicle. What can I do about this?

Attorney Answers 8

  1. 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.

  2. If it was the fault of the other driver, you should consult with another personal injury attorney. You should also talk with a workers compensation.

  3. You have a workers compensation claim as it happened on the job. You also have a personal injury case against the other driver because they were at fault. You should consult with a lawyer as soon as you can to get advice on how best to handle your claim. Good luck!

  4. You should not hesitate or delay finding another attorney. You time to act may already have expired. In Tennessee there is a 1 year time limit to file suit for personal injury. Call somebody tomorrow to review.

    This answer does not constitute legal advice nor form an attorney client relationship. I am not your lawyer. If you have a legal issue in Tennessee you may contact me for a free consult.

  5. Immediately contact a local attorney who has experience with personal injury and workers compensation cases. You may still have a case.

    This response is given solely as a general response to the question and does not create an attorney / client relationship between the questioner and responder.

  6. Get a new lawyer to investigate.

  7. I agree with the responding parties. You need to consult with a new attorney to look at your case and examine whether or not a. you have a case and b. if the statute of limitations has since expired. Best of luck.

  8. Since it sounds like you were injured at work, I suggest you immediately consult with a worker's comp attorney who practices in Tennessee. You should be able to tell you pretty quickly what can and cannot be done. Good luck.

    By providing this legal analysis of the issue presented, no attorney/client relationship is being formed. Additionally, attorney is not agreeing to represent the individual who presented the question concerning the legal issue. A signed retainer agreement is required before an attorney /client relationship is established. The analysis provided is meant solely to provide general guidance about the legal issue presented.

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