My son had a car accident on the interstate. He was traveling east.
A vehicle traveling west lost a tire, which flew across the medium and struck my boys car, causing massive damage and injury.
I remember this happening once several years ago, with the victims suing the state for not having proper barricades on the freeway. But I can’t remember where this took place, or, more importantly, if it was successful.
I’ve got our traffic accident investigator at work looking into it, but he can’t find the case.
We’re looking for precedence on something like this.
Do any of you remember this case, and the outcome?
I doubt the previous case merely rested on insufficient fences. I’ve seen a loose wheel from a stock car jump a twenty foot fence and kill a spectator. Seriously.
However, looking for blame, there is no way a roadworthy vehicle can loose a wheel. Either it wasn’t roadworthy, or the guys who checked it weren’t competent (or were underhand), or it was plain illegal.
This we know. The car wasn’t road worthy. Neither was the driver (revoked). He was also arrested for obstructing (he gave a false name to the police who took the accident report). He has no insurance, and he’s a shit bag. My kid won’t get anything out of him.
We’re just trying to exhaust all avenues in this case.
If we’re talking about major injuries and damages here, you really do need a proper lawyer, not some folks on a message board. This kind of case will probably be taken by someone on a no-win, no-fee basis.
For the sake of answering your question, it would help if you said what state you’re from…
Sigh.
No kidding!
But this just happened and I’m only doing some fact finding.
Besides, you try to find a lawyer who will sue someone without insurance. They’re not interested. We’re just now exploring the possibility of suing the state.
I’m pretty sure it indicates here that I’m in Milwaukee, Wisconsin.
I can sympathize with your situation, but is suing the state the right thing to do? Do you really believe the state was negligent because some idiot was driving his old and busted car with no license? From your story it sounds like the blame clearly rests with the other motorist, why do you feel it is ok to turn around and sue the state? Surely they can’t (and shouldn’t) be responsible for protecting you from every concievable situation, right? I don’t mean to sound condesending but from your description it sounds like you are just going to go after whoever can afford to make a payout regardless of who was really at fault.
I’m not sure about her state, but I know that here in Virginia, insurance is mandatory, or drivers have to pay a “no insurance” fee when they register their vehicles. So I believe she should be entitled to some of that money, if her state has a similar law. If her state requires insurance, and this person was somehow driving without it, then yes, I think the state in some way should be responsible.
This sounds a lot like what happened to me. Guy was driving without insurance, on a revoked license when he came through the median at me. He got a ticket at the scene. If that had been my 19 year old ass without a license, I would have gone to jail.
Anyway, good luck, and look into doing a civil suit. I took the guy that hit me to small claims court, and got a judgement against him. That may be another way of recouping some of your loss.
First, pkbites, I’m sorry to hear about your son. I hope he recovers soon.
Second, see a Wisconsin lawyer ASAP. I’m not going to give you legal advice, but you may have legal avenues to follow that you haven’t mentioned here. There’s a type of insurance called uninsured/underinsured coverage that is a mandatory part of an auto policy in some states. It covers the insured when another driver wrongfully causes damage/injury and doesn’t have adequate insurance. In other words, you son’s own insurance may provide coverage. (Also, if different, the policy of the owner of the car your son was driving may provide coverage.)
I’m not a Wisconsin attorney, this isn’t meant to be reliable legal advice, and none of this may apply in your state. It’s worth checking out with a Wisconsin attorney, though.
Also, communicating about an incident like this on a public message board is a bad idea. If this matter ever does result in litigation, your posts here are discoverable and can be used against you by the other side.
While I am not a lawyer licensed in Wisconsin and therefore cannot offer legal advice on your particular situation, I cannot strongly enough second Random’s comments. There may be many avenues to a possible recovery and a good attorney will explore all of them. UIM insurance and claims against the state are just two possibilities.
Also, saying anything on a public message board regarding possible future litigation is a Very Bad Idea. Depending on what is said and how the case develops, even the most innocent comments can have bad consequences.
IANAL in Wisconsin, I am not your lawyer, but I echo what Squooshed & Random have to say. Consult a WI attorney. I would also contact your insurance company to see if there is UI coverage or maybe even PIP (personal injury protection). You may want to do this before contacting an attorney. But then again, what do I know…
Also, do you know the car the other person was driving was his and could he be claimed to be on-the-job while he was driving…sometimes you can do an end-around depending on those facts. Generally suing the state (depending on your state) is difficult and has certain administrative hurdles different from suing a person. You REALLY need a lawyer to help you with this. Ask around (don’t go to the yellow pages unless you have to) and find a lawyer who will sit down and talk to you without a fee. Also it’s very likely if you get signed up there will be a contigency fee.
I think it is disgusting that you are even considering suing you fellow residences (who will be the ones who will have to pay), I almost reported this thread to a mod. I would create a pit thread too if I wasn’t using such a slow connection.
Sorry for your loss, of property, I guess. (if there was seriouse injury then I am truly sorry).
Something somewhat similar happened here in Oklahoma a few years ago. A tire came off a semi and hit a SUV traveling in the opposite direction, killing the driver (and one of my schoolmates). I do not recall if the family sued the state or not.
[QUOTE=kanicbird]
I think it is disgusting that you are even considering suing you fellow residences (who will be the ones who will have to pay), I almost reported this thread to a mod. I would create a pit thread too if I wasn’t using such a slow connection.
QUOTE]
Calm down, folks. We’re only brainstorming here. This was just one of the subjects that came up while I was talking with other people. It’s nothing to get nuts over.
Geeze!:rolleyes:. Have a God damn stroke already!
Wisconsin is not a manditory insurance state.
Every lawyer my son has talked to wouldn’t touch it. They know they won’t get much out of an unissured driver. So anything down, he’ll have to do on his own, hence, the brainstorming.
Mandatory insurance is something different from UM/UIM coverage. That said, it would have been nice to know that your son has already talked to a Wisconsin attorney (who presumably has already explored the UM issue). It would have saved BBJeanie, Squooshed and I some effort. It may be just me, but looking for online advice after getting an in-person opinion from (apparently more than one) attorney in your state seems like a pointless exercise.
It’s you.
I wasn’t looking for advice. Re-read the OP. When did I ask for advice?
I was looking for specific information on a previous law case. That’s not asking for advice.
I’ve just found out that Mitsubishi had a problem with some 1992 models losing front wheels due to faulty hubs. The guy was driving a 1992 Mitsubishi!!!
I’m putting “sue Mitsubishi” on our “possible things to do about this” list.
Hope nobody here get’s their shit hot about that.:rolleyes:
In other words, you’re prepared to perjure yourself if the question ever comes up. Nice.
And you’re wrong that you could never be traced. There are dozens of lawyers who regularly read GQ posts. The odds aren’t bad that one of us (a) is with one of the many firms that represent Mitsubishi or (b) knows another attorney who does. Also, the chances are good that there’s at least one Doper who works for Mitsubishi. Realize that you’ve just put us all on notice that you’re trying to come up with a claim, any claim no matter how weak, against any available deep pocket, that you and your son believe that the other driver is the real party at fault, and are prepared to deny you ever discussed this matter here.
If you (actually, your son) go ahead with your contemplated pro se claim against them (good luck figuring out how to present the necessary expert testimony, by the way), you’ve given more than sufficient information to figure out who you are. (1992 vehicle, Wisconsin claim arising in early 2004, uninsured primary defendant, claim that defective wheel came off. How many of those do you think there are?)
Actually, I do owe you one. I plan on citing this post the next time I respond to someone who claims that lawyers generate frivolous lawsuits. I’ll be pointing out that, in reality, it’s usually the (potential) client who thinks he has a claim, and the lawyers who turn it down and otherwise discourage it. (It sounds like you’ve had several Wisconsin attorneys tell you and your son that you have no worthwhile case.)
By the way, it’s “precedents”, “median” and “lawsuit”.
Time to go home. I’ve done what I can in this thread. Some people just can’t be helped. Maybe my posts (and those others who said similar things) will be of assistance to someone else.
I’m still sorry your son was injured and hope he recovers soon.
[QUOTE=Random]
In other words, you’re prepared to perjure yourself if the question ever comes up.
[QUOTE]
Exactly where did I say that? Where did I ever say I would lie under oath?
I simply said I wasn’t the subject of any suit [none are even filed yet] and that my own id was rather anonymous. Retraction, please.
The chances of my son trying any one of the 25+ things we came up with are extremely minute’, especially the one about suing the state.
What part of “brainstorming” do you not understand? We rattled off as many ideas as we could, and started to check them out one by one. This is one.
He called lawyers, but several declined the second they found there was no insurance, the others said “wait for the investigation to end”.
He is just investigating every avenue.
We do not yet know why that wheel flew off, but if there is a fault regarding that, he has every right to pursue it!
This just happened. We do not have all the facts, yet, about that vehicle. I also have to wait to get info as my kid gives it to me. Not everything comes in at once.
But theres nothing wrong with getting a jump on things so you know what your doing when everything all comes out.
And, in my opinion, if there is no manufacturer defect, theres about a 99% chance that all he’ll be able to do is take this guy to small claims court and try to get some money for his car, bills, lost wages, etc… Sans an attorney I told him right away thats about all he could do.
But theres nothing wrong with a little brainstorming. Even if some of the ideas upset the nice folks at SDMB.
