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#25117 - 02/25/04 07:57 PM I got in a car accident. Got legal advice?
Anonymous
Unregistered



A few weeks ago I was driving home from work at night. I was waiting at a red light behind a mini-van when I heard squealing tires behind me. I look in my rearview mirror to see headlights coming at me fast. Next thing I know I'm being flung around. Good thing I was wearing my seatbelt. Anyway the next thing I remember is people banging on my window trying to wake me up. I don't know how long I was out. They couldn't open my doors because I had them locked. It took everything I had to move my arm up to the auto door lock switch. I couldn't hold my head up. Things get a little foggy afterward, but I do remember this one lady grabbing my head and slapping me around. She was saying "Why did you run into me, you drunk!" She continued to do this even at the protest of the other bystanders. I found out later that she was the driver of one of the vehilces that my car was thrown into. I also learned that she is a Registered Nurse. Of all the people on the scene, she would be the one that should know not to move an accident victim's head let alone slap them around.

Well, it turns out that I was hit by a white pick up truck that night. S/he fled the scene. When the truck hit me, my car was thrown forward and to the left. I struck that mini-van I was waiting behind and I hit a mustang that was in the lane to the left. That nurse was the driver of the mustang. Everyone involved in the accident gave that exact same statement, everyone except the driver of the white truck, s/he remains at large. Even after giving that statement the passengers of the nurse's mustang got a lawyer and are trying to sue me. Their letters to me stated I was "negligent" for their injuries. Can you believe that!

I've decided to sue the nurse that ignored warnings to not move my head. I've gotten a lawyer to handle the hit and run part of this situation, but they said they don't handle the part with the nurse. Does anyone have any advise on this? At the very least this woman needs to lose her nurse license.

Is there a lawyer in the house?
Thanks
Wayneburg



Edited by Wayneburg (02/25/04 08:03 PM)

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#25118 - 02/25/04 08:28 PM Re: I got in a car accident. Got legal advice?
Anonymous
Unregistered


Disclaimer- I am NOT a lawyer.
I am however, a Registered Nurse. The idiot woman deserves to be disciplined by the Board of Nursing, at the very least. Contact the board of your state, most of them have websites, and file a complaint. Good Samaritan laws do not apply to medical professionals in some states (help me out, EMT professionals), and she is held to a higher standard of care, which she violated. A counter suit should cool her jets, and the loss of her nursing license would cost her a great deal more than she could gain from this frivolous lawsuit.
Glad you are okay, sorry you have to deal with this aggravation.
JoeBob
After thinkiing about this for a few more minutes, she commited assault and battery when she slapped you around.
Have you considered filing charges? That would get her in a bunch of trouble, professionally.


Edited by JoeBob (02/25/04 08:38 PM)

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#25119 - 02/26/04 02:17 AM Re: I got in a car accident. Got legal advice?
bountyhunter Offline


Registered: 11/14/03
Posts: 1224
Loc: Milwaukee, WI USA
Not a lawyer, but I was a State of Wisconsin licensed private investigator for almost five years.

The lawyers I worked for always told me the last guy to be hit in the rear "technically" could go after everyone behind them involved in the accident that caused him to be hit. Talk to a lawyer in your juristiction and don't try your case in public forums as the advice may not hold true where your accident happened.

From your statements, I do not hold out much hope for your case.

Bountyhunter

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#25120 - 02/26/04 03:00 AM Re: I got in a car accident. Got legal advice?
Anonymous
Unregistered


I'm a lawyer, but -- like politics -- all law is local, so I agree with Bountyhunter that you really need to consult someone admitted to the bar in your state. (I can't give legal advice to you unless you're in NY ... and I don't do criminal law, so if I were you I wouldn't rely on my advice anyway!)

Subject to that disclaimer, there might be some misdemeanors listed in your state's penal code that -- depending on what you could actually prove in court -- could fit your situation. (A good site for finding state laws is www.findlaw.com/casecode/index.html#statelaw; click on your state and look for "state code" or "statutes".) But unless you suffered actual and significant physical injury from that other person's actions (as opposed to injuries/damage from the rear-ending), it'll probably be hard for you to get an attorney to take your case against that other person.

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#25121 - 02/26/04 09:33 PM Re: I got in a car accident. Got legal advice?
ScottRezaLogan Offline
Old Hand

Registered: 01/07/04
Posts: 723
Loc: Pttsbg SWestern Pa USA N-Amer....
Wayneburg, I have Nothing to say but Best Wishes. Perhaps I can Occassionally and Appropriately Move you to the Top of this Forum, by way of this Reply Feature. So as More People can get to Read your Thread. Less Read it as it Creeps Down over Time. If such Topping even Works, via a Reply.[color:"black"] [/color] [email]BachFan[/email]
_________________________
"No Substitute for Victory!"and"You Can't be a Beacon if your Light Don't Shine!"-Gen. Douglass MacArthur and Donna Fargo.

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#25122 - 03/02/04 08:54 PM Re: I got in a car accident. Got legal advice?
Anonymous
Unregistered


Yep, it works out tht in many places you are responsible for anything you hit, whether you were pushed or not. Makes a strong arguement for not stopping too close to anyone.

In some places if you are hit and no skid marks are made, it can be argued that you were not pressing the brakes and therefore are responsible for all movement. Get someone who knows local law soon. Hope all are well now.

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#25123 - 03/12/04 05:10 PM Re: I got in a car accident. Got legal advice?
ScottRezaLogan Offline
Old Hand

Registered: 01/07/04
Posts: 723
Loc: Pttsbg SWestern Pa USA N-Amer....
I am Moving you Back up to the Top, Where you can be More Easily Seen and Read. I Won't Overdo this, but will Aim to Appropriately and Occassionally Do this. (And Never when you're Already on the First Page) (Not Beyond a Reasonable Time Passage either)

I just Want to Add and Make Certain!, that This comes from Scott Reza Logan, and Not Grommit. Contrary to Possible Appearances. In the Posting Process, I have to type in his Username, since it is he, the Most Recent in the Thread at the Time, to Whom I was Officially Replying to. Etc. Though of course Really to Wayneburg. It is I who have Sent This, and Not Grommit. [color:"black"] [/color] [email]grommit[/email]


Edited by ScottRezaLogan (03/13/04 06:14 AM)
_________________________
"No Substitute for Victory!"and"You Can't be a Beacon if your Light Don't Shine!"-Gen. Douglass MacArthur and Donna Fargo.

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