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I did WHAT????
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Discussion Starter · #1 ·
Hey all....

I literally just got back from the doctors. Earlier this evening, my Dad was a major accident... He was in the most inside left lane in intersection that has two left turning lanes. A tractor trailer was in the right most left hand turning lane and didn't swing out wide enough and literally demolished the right hand side of my folks Volvo and kept going..

Thank god for witnesses who saw this and chased the fucker down as he kept going... Anyway, Dad appears fine... But the truck driver is denying any incident... etc... While my Dad has ALS he is mobile and has a drivers license...He isn't wheelchair bound yet... My fear is that if this asshole keeps prolonging it and we go to court - my dad will be really shaky as could look at fault...

Does anyone know what I can do now to document shit for the court that would show my dad as ablebodied now that won't get thrown out of court later......

Ack I am a mess..... raising parents in a dirty job...

Any help is appreciated......
 

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First off, you have my deepest sympathies in regards to your father's ALS. I can't imagine what that must be like and you are doing a great thing by taking care of him.

Now for the legal advice, do you happen to know if this intersection is under video surveillance? I would think that you could summon the tapes for the court battle. At the very least you have several witnesses who know what they saw and witnessed your father's condition on the day in question.

Just my $.02. I'm sure Todd will add better advice shortly.
 

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J- I'm sorry to hear that man. I hope your pops is alright. Can you tell me where this was? My best friend's dad was in a bad accident today too and I think he was hit by the same rig. PM or call me if you want.
 

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I did WHAT????
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Discussion Starter · #4 ·
rekoniz said:
J- I'm sorry to hear that man. I hope your pops is alright. Can you tell me where this was? My best friend's dad was in a bad accident today too and I think he was hit by the same rig. PM or call me if you want.
Thanks man, you have no idea how much I appreciate it. It happend near their home in Ellicott City... If your friend has his anywhere near this - send me a PM and we can compare our information....
 

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Well, the guy I know from what I understand was in a multiple car accident on 66 where a tracktor-trailor hit him and never even hit the breaks. He was released from the hospital and is home now. No major injuries fortunately but he's banged up a bit and is going to be sore for a couple of weeks. His knees were rammed into the column and whatnot I think.

I don't think it was the same truck...unless the driver was a jellyshoe wearing, Asian dude.
 

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I am sorry to hear that Jason.

Is the truck driver denying that the whole thing happened in the first place or are they saying that they weren't at fault? Did you get any pictures of the truck? That would be the first thing I would try and do, but not being at the scene makes that more difficult obviously. In terms of being able-bodied at the time of the accident vs some later date wouldn't a doctor be able to document his current condition for you? Assuming it hasn't been done already.

Personally, I don't mess around with anything without consulting a good lawyer. They will give you the best advice on how to look out for your best interests.

I hope it works out.
 

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Jason, sorry about your dad....being shaken up like that is an intolerable thing for him to have to deal with on top of everything else.

I don't know if I'm being naive, but in situations where no one was there were no injuries I've let the insurance company do the leg work and given them the witnesses names and they have ALWAYS found the guilty party guilty before it reaches the legal stage. If his is an option, it would preclude the concerns about any issue of your dad's ALS becoming part of the argument in open court.
 

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As long as you have good contact info on the witnesses and give that to the police, you shouldn't have any problem.
 

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Did the police ticket the driver? Do the police have all the contact info for the witnesses? Is the police report complete? Do you have the contact info for the police officer?
 

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+1 to the other well wishes for your dad and sympathies for you and your family for having to deal with ALS. While not as severe, my Dad was diagnosed with Parkinson's a couple of years ago and may only have a few good years left himself. :(

As for the accident, pictures would be great. Witnesses are even better. Make sure they are also willing to state that the truck driver left the scene. Don't know for sure, but I was always under the impression that no matter who's really at fault, if a driver leaves it becomes hit and run and it's automatically the fault of the person who left the scene.

Have your Dad write his statement down NOW while everything is fresh in his mind. That way things won't get muddled later on down the road.

Get all of that to the trucker's insurance company and hopefully, like Michelle said, it won't have to go to court.

And just to be on the safe side....
+1 to the doctor. See if your Dad can get an affidavit from his doctor stating that he is in good physical/mental condition and was fully capable of operating a motor vehicle. That way he's covered from that angle if it goes to court months from now.
 

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Video tape a statement from your dad about what happened . . . from the top, so to speak.

You didn't mention anything about the cops or a report. More info, please.

I'm glad he's alright, Jason. My heart goes out to you and your family.

Jeny
 

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Damn Jason. Sorry to hear that. Glad he is doing ok.

I have no trail experience but I would suggest securing affidavits and lots of contact infromation from each of your witnesses as soon as possible. Memories fade, and having that record will help. It probably wouldn't hurt to videotape your father explaining what happened in his own words. Not that it will necessarily be admissible, but it will at the very least help him remember better if it comes to trial.

I'll call my stepfather and see if he has any suggestions as well. He has done some trial work.
 

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If there are no injuries to speak of, then it will never go to trial. I assume there is a police report, between that and the witnesses, he should be fine. File with the insurance company and collect the check.
 

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I did WHAT????
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Discussion Starter · #14 ·
Thanks all...

Here is an update.. Apparently the cop was useless.. It was "uh nobody hurt... ok"... and tried to leave - and actually balked about having to follow dad for some distance to make sure the car was actually driveable. He didn't even issue a ticket to the truck driver... After a witness chased down the truck, this guy did come back to the scence to cover his own ass.. The killer thing is that I found out that it was NOT two turing lanes - but just one... The truck turned from the normal lane - so I don't get why the cop didn't issue the guy a ticket....

I will post up some pics later... but the entire passenger side is crunched really bad. The insurance co. is going to total it... Dad said it was the scariest thing he ever went thru - he actually thought he was going to die. Unfortunately, their volvo 850 only had 60k miles it's 10 years old so my folks are not going to get much and buying another volvo isn't in their budget with everything going on.... Drives me nuts that this asshole just tooled around without a care in the world and didn't even care almost killed my dad and didn't even seem sorry about what he had done.

I really liked the comments about videotaping the statement now, so if it's ever an issue later - we can prove how is like now..... Thanks much everyone..... Rock On....
 

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Spoke to my stepfather, and he said the same thing as Todd. With no serious injuries, it will likely never go to trial. Videotape is a good idea, as a precaution. While videotapes are often inadmissible becasue there is no chance for cross-examination, here it wouldn't be offered for the truth of the matter asserted, but rather to demonstrate your father's condition at the time, so it could be allowed if that became an issue. Get copies of the medical records as well.
 
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