company trucker needs answer

cosmo6486

Member
in january 2006 i rear ended a car.no serious damage and vehile left the scene.i was on probation at the time about two weeks.they fired me.now 18 months later i get served a law suit saying i was negligent and the company is staying neutral when i gave them the suit.as an agent for them driving there equipment are they not responsible to cover the damage physical liability ?
 

sandmike123

Well-Known Member
My best advice would be to get an attorney. but it seems that as long as you were getting a regular paycheck and will get a w-2 at the end of the year they should be responsible since you were their employee. If you were an independent contractor and will get a 1099 at the end of the year this may be a different story.
 

hurgoll

Well-Known Member
in january 2006 i rear ended a car.no serious damage and vehile left the scene.i was on probation at the time about two weeks.they fired me.now 18 months later i get served a law suit saying i was negligent and the company is staying neutral when i gave them the suit.as an agent for them driving there equipment are they not responsible to cover the damage physical liability ?
Even if they say they will help you I wouldn't trust them. You must cover all aspects and get your own lawyer to watch your back.
 

cosmo6486

Member
hurgoll

i thought a company had to carry liability on company drivers.i was not a lease operator.i got a w/2. the suit had no monetary damage so i dont know yet what they are asking for.its been two weeks since i gave the suit to the company. also why wait 15 months to bring a suit ? i will get a lawyer oonce i find out the claim amount. cosmo 6486:eek:
 

Mike

Well-Known Member
Staff member
The company does have to carry a certain amount of insurance, but the people involved can and will still sue you for any additional damages they feel they are entitled to.

I would pay close attention to who the lawyers are that are trying to sue you. This happened to me a few years back when I a 4 wheeler in California tried to pass me on the shoulder and ended up pinned between my trailer axles and the guardrail. The driver said I changed lanes into them, and the law took their word over mine. My companies insurance paid the claim, but the driver wanted more and trie to sue me.

Where it gets interesting - They hired some crackerjack box attorney that tried to sue me via one of those court shows on television, saying that if I agreed to go on TV, even if I lost, that the show would pay whatever I owed. I just ignored the letters and told them to quit calling me, and eventually they left me alone.
 

cosmo6486

Member
bullwinkle

thanks for the advice. i am more worried at this point about the company covering my backside instead of the law firm suing me. it was a simple rear end and they are making sound like a fatally happened.i read that trucking companies must carry a minimum of 750,000 liability .they say it will take a year to settle. cosmo 6486.all you guys have been very helpful,with your thoughts.good site .:eek:
 

cassiem0221

Well-Known Member
I agree with the above posts. You should be able to get an attorney reasonably priced with what has happened. You may even be able to counter-claim for your time spent in court and your "worries".. Speak with several lawyers before you hire one..
 

ACCER

Well-Known Member
Get an attorney quick. Your insurance company should provide you with one. If not, try to get a recommendation from a friend.
 
It happened to me, 4 wheeler did one of those 'o-crap' lane changes, as he was approaching a jersey-barrier between ezpass express and regular toll lanes. He was on the brakes so hard i had trunk lid marks 1/4 the way up my grill. Needless to say I did the pit maneuver on him and he slammed the jersey-barrier with the rear axle of his BMW, or should I say his friends BMW, he was on the way to the airport, was lost, didn't see the 3 - 25' signs saying EZpass express only left 2 lanes, and didn't see the markings on the road. Oh, and didn't see the 79000lb 70' truck (me) one lane over. Tried to go from hammer lane to other toll lane, no signal, no look in mirror, no look over shoulder until coming across in front of me 25' ahead. It took well over a year before their insurance company sent me a notice that we were being sued (the company and I) Called the company, had to next day paperwork to them, and their lawyer said that he would represent me at no cost... even though the company said it was preventable. Guess I should have gotten my mind reading hat out of the cleaners. Or should have practiced levitation. Since getting the company lawyer involved, I haven't heard anything from them, and it's almost 2 years since the fun started. I had thought about bringing a civil suit against the driver, owner and insurance company myself. His negligence hurt my driving record.
 

BFoy

Member
You say the 4 wheeler left the scene? Seen this before. They leave so no one can see the evidence 1st hand. 1st thing to ask (if you ever get the chance) is "why and HOW did you leave the scene if the accident was so bad." Lots of companies will pay this stuff off to avoid the cost of a fight and to hell with our driving record. Word gets around about who are easy marks (I think). First thing to do is GET YOUR OWN LAWYER.
 

hurgoll

Well-Known Member
You say the 4 wheeler left the scene? Seen this before. They leave so no one can see the evidence 1st hand. 1st thing to ask (if you ever get the chance) is "why and HOW did you leave the scene if the accident was so bad." Lots of companies will pay this stuff off to avoid the cost of a fight and to hell with our driving record. Word gets around about who are easy marks (I think). First thing to do is GET YOUR OWN LAWYER.
Does he mean they just swapped names and left or that they just left. If they did that isn't it against the law? And if they said it was no big deal and just wanted to swap names with him... while he should never go for that agree? Always call a cop. because they WILL sue later and you want a full report at the time.
 

ACCER

Well-Known Member
I agree. No matter how nice the other people seem, call a cop and get a copy of the accident report. It's also a good idea to immediately be tested for drugs and alcohol. Just to protect yourself.
 

ers1121

Member
Talk to a laywer before you do anything. As to why wait 15 months to file, in Jersey you have two years to file a suit, the longer you wait, the better the chances any witnesses forget the details making it easier for for a good attorney to prove it's your fault.
 
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