HIT BY 4-WHLR! NEED LAWYER!

5MooreMinutes

Expert Expediter
Hit by a 4 wheeler outside of Atlanta, GA. Out of work until truck gets fixed. In need of a lawyer for lost wages, etc. Could really use some advice and help. Only been doing expediting for a year. Thank you!
 

davekc

Senior Moderator
Staff member
Fleet Owner
If the other vehicle was at fault, your insurance company will be seeking damages from them.
If something is excluded, then a additional lawyer may be warranted.
I would first find out what damages the insurance carrier is pursuing.
If not satisfied, OOIDA can put you in touch with a attorney in Atlanta that would specialize in transporation.
For additional information if needed, go to www.ooida.com

Good luck and hopefully you are up and running quickly.

Davekc
owner
21 years
 

RichM

Veteran Expediter
Charter Member
5 moore minutes,you didn't mention who you are with.If you are with FDXCC and have insurance coverage through their plan with Protective you can receive down time money from the time your vehicle enters a repair facility till the time you pick it up.
 

Broompilot

Veteran Expediter
All of our insurance carriers should have "down time" in their plans. Where he will get screwed is if Georgia is a no fault state than suck it up bud.

Worst case serinio, 4 wheeler has no insurance or in a state that only requires 10K liability. (WHAT A JOKE) But some states are still this stupid or backwards imagne having any accident at over 20mph and not having more than 10K in damages almost impossible.

You should also be getting in the mail notices from Attorneys in that area, sit tight and Sue Sue Sue I am sure they will be happy to do this for you even at no cost out of pocket but at a very large % of damages recovered you decide or negioate.

Good luck let us know how much you recover % that is of total loss in other words what % you had to cover. You should be allright but go see a chiropractor anyway your neck if it does not hurt should if you get what I am saying. They even found that a bug splattering on a windshield if it had any net worth should be worth something to the driver RIGHT???????
 

whitewolf53

Expert Expediter
Do not go to a chiropracter,go to a real doctor,chiropractors are not recognized in insurance claims.At least not in Michigan.
Whitewolf53
 

5MooreMinutes

Expert Expediter
Thanks everyone!

I've been hitting a brick wall with this! Yes, I'm with FDCC and have their group protective insurance. So the small down time $$ will help.

Thanks for the ooida info. They told me to wait and see what the other drivers insurance will conclude to paying, if anything. But I'm uneasy since no one was found at fault. See, this 4 whlr claims another driver "cut him off" and caused him to spin out of control across his two lanes of traffic, a 2 lane median, then into oncoming traffic and into me. I couldn't swerve or brake too much because I was hauling corrosive acid and a guard rail on my right. Just no where to go safely. But since the police didn't see the "phantom" vehicle cut him off, they didn't issue this driver a ticket. Apparently there was a witness to this driver that cut him off. His insurance tells me they have to investigate and find out if he is 100% at fault for hitting me. If not, then little to no payment for me.

It's not the damages I'm concerned about, my insurance will cover that and the two insurances will duke it out, it's the time waiting to get it repaired, the $$ I lost on the load, and the money I'm going to run out of for bills. And ooida informs me that this accident, though not my fault, and no citation issued to me, will go on my record! Bottom line, don't get hit, in GA, over 4th of July week.

Thanks to you all. Every bit of help is appreciated. I'll keep you posted.
 

RichM

Veteran Expediter
Charter Member
I can tell you from past experience FDXCC safety will charge you for a preventable accident on your part.Doesn't matter that you were not at fault or that you did not cause the accident.
A couple of years ago a van passed me,hit a van in front of me,did some 360's and slammed into the front of my box.All involved including the police said I was not at fault,but safety said I did not allow enough spacing. This happened in about 2-3 seconds,how in the world was I supposed to allow spacing. I fought it out with them for about a year and gave up. Still harbor bad feelings about the incident.
 

Broompilot

Veteran Expediter
You need an attorney NOW. There is no way that it was your fault. Even if someone cut him off he/she lost control of there auto. You are to be in control of your vehicle at ALL TIMES.

Skidding accross a highway to miss something else is not keeping your auto under control. I cannot believe but since a truck was involved yes i can that he did not get sited or written up being neglegant for your damages.

I have a camera on board that would have cought the entire incident. Just to prove the other guy wrong when its questionalbe. Sound investment in my opinion. Hope to never have to use it but its there in cases like yours. Good luck would love to hear the outcome, but get legal help imm with or without FECC wonderfull friendly sweet Saftey Girls.

I would rather deal with a Pit Bull in junk yard than explaine to them I was not at fault.
 

Doggie Daddy

Veteran Expediter
>Good luck would love to hear the outcome, but get legal help
>imm with or without FECC wonderfull friendly sweet Saftey
>Girls.
>
>I would rather deal with a Pit Bull in junk yard than
>explaine to them I was not at fault.



broom i think that was a cheap shot.most of us here know that you have issues with FECC,but it was presented as issues with the dispatchers.were you really there long enough to have any issues with the safety dept.

there have been many people here that for one reason or another have had issues with a company,and left because of those problems.does that mean that they are a terrible company? probably not,it was just something that didn't work out for you.

what really bothers me is that some people just can't let it go,and get on with their lives.seems like there was another former member here that blamed FECC for just about everything from the plague to locust swarms.i don't recall his name, zing something.

all i'm saying is just let it go,you seem to be doing good with you're present company,so just fuhgettaboutit.in 3 years of being leased to FECC i have had many contacts with the safety dept.and have always found them to be very helpful and freindly.JMO. DD.
 

Broompilot

Veteran Expediter
Yeah it was a cheap shot. I also complained louldy to all at the company how rude we were treated in class by the saftey dept. Never called once Ladies or Gentleman but BOYS and Girls.

I entered man hood years ago and the youngest person in my class was in there 30s. They used intemation tatics that If you ever do such and such. OK I get the point here lady I am trying to be professional and I am not a kid so treat me as an ADULT that I am.

If I'd had an option or if that happended to me today I would walk out.
 

Broompilot

Veteran Expediter
I am gona add, how excited I was to be accepted by them. My expectations quickly dissipeared and so did my finances. Had I not have taken advice and had a large enough savings I would not have been able to bridge myself between carriers. The feeling of what have I gotten myself into will never be forgotten. I am greatfull believe me very greatfull for my success since.

This is my reality, I believe they are great company for Teams. I was told have a good attitude, work ethic and you will do fine. $1,700. a week or less average does not pay for a new truck let alone a decent used one and support any kind of income for anything other than truck expenses. I to had an expierence with the S. dept, 18 wheeler backed into my truck 2nd week out. No one hurt, your on your own between you and Allied Van Lines, click.

So yeah I felt I got cheated, I did not enter this to break even or even a loose a little. I am willing to work for a living and expect my efforts to bear fruit. As anyone entering this industry wants to do.
(monthly)
Truck payment $1,300
Fuel $1,200 (no ideling)
Insurance $ 400
Maintenance $ 200
Q com $ 140
Misc. $ 400
Phone $ 150 This is just the bare Min add up your own expenses no colum for repairs or the deducatable on insurance.
 

davekc

Senior Moderator
Staff member
Fleet Owner
Sadly, Brooms post depicts an all too often story.
That is why new folks have to really take their time doing research on carriers. Recruiters are a valuable source, but their information is limited.
They are in the business of selling, not looking after your interests.
Most of the time, recruiters will throw out their best averages, but seldom are they achievable. Those numbers are usually dated, or are generated with the best possible scenerios.
Throwing out gross dollar figures or fleet averages means nothing unless you know the costs it took to get to that number.
I am sure you were told you would make beyond the $1700.00 per week average.
Averages of that number for any period of time won't be a pretty picture.

With regards to your accident, that was a pretty poor response from the carrier. Especially when you had a whopping 2 weeks experience.
Kinda lets you know where their attitude might be in some other areas.
Under your circumstances, moving to another profitable carrier was your wisest move.
Good to see you doing well now.

Davekc
owner
21 years
 

Crazynuff

Veteran Expediter
Truckers get shafted regularly in the Atlanta area . I worked for a company near Atlanta that had a couple of trucks involved in minor fender benders , at least one that was clearly the 4 wheeler's fault . The cops cited the truck drivers and told them if the company paid the other party's damages the other party probably wouldn't show up in court and the ticket would be dismissed . That happens a lot . Usually the damage is minor and the company pays without involving their insurance company .
 

rollingstock

Expert Expediter
FYI,

Georgia is a no fault state. The legal minimum for liability is 30K. I would urge you to seek the advise of a reputable lawyer. Check with others and determine who they have used in the past. You would not make a purchase without checking with others, don't do it with a lawyer either. Ther a good ones, bad ones and in between. Get one that specializes in auto accidents and has experience working with insurance carriers. If the accident was not your fault, you should not be penalized for it.

:)
 

bryan

Veteran Expediter
Hi
From past experience don't expect any money for down time. Was rear ended by a truck, he was ticketed and his insurance company said they would pay down time. After filing out all their paper work and playing phone tag with them for 3 months I received nothing. Called State Insurance Director and he informed me that since I wasn't injured in accident and that I wasn't taken from the scene of the accident to the hospital by ambulance they owed me zip.If you did take the ambulance ride then your in good shape for the lawyers if not your sc,,,,,.
THANKS HAVE A GOOD ONE
 
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