Aces High Bulletin Board
General Forums => The O' Club => Topic started by: Flit on August 01, 2006, 07:50:07 PM
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Unloading a bunch of stuff.
I just happen to look up and what do I see?
A rollaway truck backing up. Yep, straight at me. 30 feet away. I notice that I can't see his mirrors, so I jumped out of the truck and ran towards the cab hootin and'a hollerin.
The bonehead stopped backing up when he saw me. After he pushed my pick-up about 25 feet.
I"m just glad I looked up and jumped out.
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:O
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I smell lawsuit
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Originally posted by Meatwad
I smell lawsuit
You must be a lawyer.
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No but a lawyer would be the first person I would call if it was proven it was the heavy truck operator's fault
Otherwise its my fault for parking into his path and im SOL
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OK, I'll bite...
And what would be the grounds of your "lawsuit"?
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Thats what consoltations are for
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No no...you said "I smell lawsuit."
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Could have been worse. I watched an R-50 Euclid back over a new Supervisors pickup. Made a nice pancake.
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Originally posted by DiabloTX
OK, I'll bite...
And what would be the grounds of your "lawsuit"?
Well, for Criminal Court, there would be:
Reckless driving
Reckless endangerment/Criminal Negligence--the truck could be construed as a deadly weapon, making it a felony. As Maverick points out, culpability would have to be established (you should have breathalized the guy, dammit!!)
And for Civil Court--where your attorney will earn himself, I mean his client, the big bucks, there's:
Inflicting Psychological trauma
Damages Incurred--I'm assuming the truck being pushed received some nicks and scratches.
And that's even before you get into the punitive aspects.
If you get a real piece of work as a lawyer, he might even be able to attach some sort of liability to the manufacturor of the truck--failing to meet some sort of expected standard of safety when designing the mirrors. Find a couple other cases of this same brand of truck getting into similar accidents and you're really in business--well, your lawyer is, anyway.
Long story short, there are grounds. Doesn't mean you have to use them. The driver in the truck is probably a bit on the dim side, which is punishment enough.
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HHHMMM well the grounds of the law suit would be negligent operation of heavy equipment. Failure to exercise due caution while the public is using the facilities. Failure to properly determine the area was clear before backing. That's just a couple items.
Now this might be mitigated if the operator can show the other vehicle was placed into position while he was already backing or the vehicle was in an area not authorized for public use.
Note that I said mitigated not excused.
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Originally posted by DiabloTX
OK, I'll bite...
And what would be the grounds of your "lawsuit"?
Dunno about "lawsuit" but property damage claim, for sure.
"Lawsuit" is a word most people don't understand.
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My point being is the first instinct of Meatwad was to "sue" even though Flit did not report any damage or bodily harm. With that being said, again, what are your grounds for a lawsuit? "I got really scared?" Please...an honest mistake is an honest mistake...UNLESS there is property damage or bodily harm. Come on guys...
And you wonder why our courts are so backed up with lawsuits...
PS - Flit, glad you weren't hurt.
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Glad you're alright flit.
Tell me Diablo, how many times have you seen a rollaway truck hit another vehicle and politely nudge it out of it's way without damage?
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Diablo,
Think, he's unloading trash at the dump. That likely means the vehicle is parked just short of the first part of the pile of debris awaiting compaction. His vehicle was pushed back over rather rough ground for about 25 feet by a much larger truck. You don't think there's any damage?
Depending on the owner of the truck (private or minucipal) it may well take a suit to get thier attention or the attention of their insurance carrier.
I'm not saying a suit is always the answer but it may well take one to get relief.
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Originally posted by nirvana
Glad you're alright flit.
Tell me Diablo, how many times have you seen a rollaway truck hit another vehicle and politely nudge it out of it's way without damage?
That's not the point but I understand what you are saying. If Flit had said, "Now I am looking at about $2500 worth of damage and the driver of the rollaway won't even talk to me about it." then hell yeah, call a lawyer. But he didn't say that. So far there is no evidence from Flit saying there is any damages. And Meat's first response is "lawsuit". I'd like to think the situation could be resolved without lawyers getting involved. Personally, ANY situation where I don't have to involve a lawyer is best. But, yes, I know there are times when you need one. I am not debating the fact that a rollaway did damage, just the fact that "Ohh..something happened! Call a lawyer." mentality that is like a desease in this country.
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Originally posted by Maverick
Diablo,
Think, he's unloading trash at the dump. That likely means the vehicle is parked just short of the first part of the pile of debris awaiting compaction. His vehicle was pushed back over rather rough ground for about 25 feet by a much larger truck. You don't think there's any damage?
Depending on the owner of the truck (private or minucipal) it may well take a suit to get thier attention or the attention of their insurance carrier.
I'm not saying a suit is always the answer but it may well take one to get relief.
Like I said, I didn't not proclaim it couldn't have been damaged. Flit just hasn't said that there was. Even if there is, and I am pretty sure there is some, it just doesn't mean call a lawyer if the other guy wants to get it taken care of which would be his responsibility.
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Diablo,
You asked a question earlier and I answered it.
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And I answered yours.
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Originally posted by DiabloTX
That's not the point but I understand what you are saying. If Flit had said, "Now I am looking at about $2500 worth of damage and the driver of the rollaway won't even talk to me about it." then hell yeah, call a lawyer. But he didn't say that. So far there is no evidence from Flit saying there is any damages. And Meat's first response is "lawsuit". I'd like to think the situation could be resolved without lawyers getting involved. Personally, ANY situation where I don't have to involve a lawyer is best. But, yes, I know there are times when you need one. I am not debating the fact that a rollaway did damage, just the fact that "Ohh..something happened! Call a lawyer." mentality that is like a desease in this country.
I've been working for a law firm for 6 years. In that time, we have filed a lawsuit on less then 10 cases (out of how many thousand?), and dropped all looooong before they ever got to court.
Suing is a MAJOR pain in the bellybutton for the attorney. It costs a ton of money to do, unless the case is legitimate, you are running a huge gamble of losing, and even IF you win, you usually have to win SO much more money via the jury to even BREAK EVEN with with what you could have gotten by just settling the damn thing.
The only times we ever really sue is if we have a real, high-money case where the Insurance company (usually Allstate - staffed by dolts) wants to be a pain in the butt, or if we get some dumb broad, usually in college, who can't be bothered to pay attention to her case, and the statuete is about to run out, forcing us to dump the $200+ to sue. Money lost, every time.
We DO, however, get a call every other week or so from some idiot who "wants to sue for this and that" but of course if they don't have a case, we tell them. As stated before, it's a real pain in the butt to do.
Basically, people in this country have a really strange view on what a "lawsuit" is, and when it is appropriate. For example, you get in a car crash with your buddy driving. You get hurt. The police come, the accident is reported. You make a claim against his insurance company for damages. You are not suing. You are not suing (at least in CT) until a sheriff delivers notice to your friend that he is being sued, and you have two years to settle your lawsuit before you have to do this.
Any questions, feel free to ask.
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Originally posted by DiabloTX
And I answered yours.
Really, Tell me where I asked a question.
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Well you know Diablo, get pissed at someone and try to make someone else do the work for you to get revenge. It's all pretty lazy and ahem, American.
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Originally posted by Maverick
Diablo,
Think, he's unloading trash at the dump. That likely means the vehicle is parked just short of the first part of the pile of debris awaiting compaction. His vehicle was pushed back over rather rough ground for about 25 feet by a much larger truck. You don't think there's any damage?
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Originally posted by nirvana
Well you know Diablo, get pissed at someone and try to make someone else do the work for you to get revenge. It's all pretty lazy and ahem, American.
Not sure I'm following on that one.
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Gotcha, didn't consider the rhetorical one to be terribly in search of an answer.
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I know you didn't. But I did.
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Alright, here's a haha. My friend in Texas goes to Six Flags with her family. Her dad cuts his finger they've only been in the park for 45 minutes or so, he cut it badly enough he needed stitches. So they leave and come back 5 hours later. They are now asking for season passes and a bunch of other junk totaling ~$900 and if Six Flags fails to reply her dad is taking "legal action".............:rofl Tell me if i'm wrong here, but I think it's her dad's fault for getting injured, yes?
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Originally posted by nirvana
Alright, here's a haha. My friend in Texas goes to Six Flags with her family. Her dad cuts his finger they've only been in the park for 45 minutes or so, he cut it badly enough he needed stitches. So they leave and come back 5 hours later. They are now asking for season passes and a bunch of other junk totaling ~$900 and if Six Flags fails to reply her dad is taking "legal action".............:rofl Tell me if i'm wrong here, but I think it's her dad's fault for getting injured, yes?
This is where you circle "D - Not enough information"
But anyway if it's TX we're talking about go find someone who works for a lawfirm in TX :)
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Geez, you guy's crack me up.
Yes, there's damage-Hood crushed down to top of engine, radiator pushed back and bent, I hear an exhaust leak ( I managed to drive it home) that was'nt there, and the drivetrain sounds funny in neutral when the clutch is out.
Conclusion- it's bent.
I'm going to talk to the manager tomorrow morning.
The thing is, I need my truck as I'm in the middle of moving my business this month, so I'm gonna need a rental.
I'm just glad that I looked up when I did.
Everything else is moot.
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Originally posted by nirvana
Tell me if i'm wrong here, but I think it's her dad's fault for getting injured, yes?
Depends on how it got cut. If he did it trying to open a can of cola, his fault. If he did it because there was a hazard that was not addressed, (i.e. broken handrail, faulty ride, ect) , then it's the park's fault. Lotta unknown factors here.
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Originally posted by Flit
Geez, you guy's crack me up.
Yes, there's damage-Hood crushed down to top of engine, radiator pshed back and bent, I hear an exhaust leak ( I managed to drive it home) that was'nt there, and the drivetrain sounds funny in neutral when the clutch is out.
Conclusion- it's bent.
I'm going to talk to the manager tomorrow morning.
The thing is, I need my truck as I'm in the middle of moving my business this month, so I'm gonna need a rental.
I'm just glad that I looked up when I did.
Everything else is moot.
Did you call the police at least? In other words is there a record that this all even happened?
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Yep, dump supervisors showed up, took some picture's and a statement from me, and I have a copy of the truck registration that was involved.
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Flit...
Just an fyi. I do not know where you live, but where I live, any damage to a vehicle over $500 requires a police report. Top that off with insurance companies and I have to report a $250 claim. So... I hope to GOD you have backed this up in those fashions. Otherwise I see you ending up eating it.
On the plus side, you are a lot like me in that, I would not see a "lawsuit" either, just damage to my vehicle that I would like fixed. Be very careful and make sure you cover your bases, otherwise you run the risk of a larger company walking over you.
Best of luck and glad to hear you were not injured.
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Originally posted by Flit
Unloading a bunch of stuff.
I just happen to look up and what do I see?
A rollaway truck backing up. Yep, straight at me. 30 feet away. I notice that I can't see his mirrors, so I jumped out of the truck and ran towards the cab hootin and'a hollerin.
The bonehead stopped backing up when he saw me. After he pushed my pick-up about 25 feet.
I"m just glad I looked up and jumped out.
your just haveing a run of luck wih cars lately aint you?
first you think your car got stolen only to find out it rolled down a hill.
Now a truck pushes you around.
Remind me never to park near you LOL
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Originally posted by DiabloTX
OK, I'll bite...
And what would be the grounds of your "lawsuit"?
Failure to yield to a hoot and a holler.
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Originally posted by Shifty
Failure to yield to a hoot and a holler.
:rofl - Thats a Felony , ain't it ?
As a matter of fact, multiple violations, 'cause I hooted and Holler'd a bunch of times lol.
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Diablo should know better. We have similar laws down here Flit.:D
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Originally posted by Flit
Yep, dump supervisors showed up, took some picture's and a statement from me, and I have a copy of the truck registration that was involved.
are they a legal authority? i would not have left until a police officer wrote up an incident report, and with the possible unsafe backing, i would have questioned the officer if a ticket hadn't been issued.
you may be up %^&* creek and not get a dime unless you have a legal recourse to make them pay.
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One word, Dumbtruck.
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Originally posted by Mustaine
are they a legal authority? i would not have left until a police officer wrote up an incident report, and with the possible unsafe backing, i would have questioned the officer if a ticket hadn't been issued.
you may be up %^&* creek and not get a dime unless you have a legal recourse to make them pay.
Just a couple points here. If the collision happened in the dump itself it was not on the roadway. That means it is not a traffic collision, it puts it in the same category as private property, so as long as both parties exchange information there likely is no basis for a Police report. This is especially so if it is not a municipal owned truck involved.
If it's not on the roadway no ticket would be issued either. Example the only tickets issued on private property in AZ. are for reckless and DUI other than for parking tickets.
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Originally posted by Maverick
Just a couple points here. If the collision happened in the dump itself it was not on the roadway. That means it is not a traffic collision, it puts it in the same category as private property, so as long as both parties exchange information there likely is no basis for a Police report. This is especially so if it is not a municipal owned truck involved.
If it's not on the roadway no ticket would be issued either. Example the only tickets issued on private property in AZ. are for reckless and DUI other than for parking tickets.
Correct sir.
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Originally posted by Maverick
Just a couple points here. If the collision happened in the dump itself it was not on the roadway. That means it is not a traffic collision, it puts it in the same category as private property, so as long as both parties exchange information there likely is no basis for a Police report. This is especially so if it is not a municipal owned truck involved.
If it's not on the roadway no ticket would be issued either. Example the only tickets issued on private property in AZ. are for reckless and DUI other than for parking tickets.
I was issued a ticket for an accident in a parking lot of my private school back in HS in 1989. "failure to yeild" $129 and 4 points.
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That was just special treatment for someone who stabs himself in the head.
:p
Not all jurisdictions are the same and things do sometimes change over time. Where I am from, not on the roadway, non DUI, non vehicular manslaughter, reckless driving and no injuries means no collision report and no ticket. Likely no Police response at all unless one of the above conditions is met or the other party refuses to exchange information.
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Originally posted by Shifty
Diablo should know better. We have similar laws down here Flit.:D
Shifty, I haven't lived in a rural part of Texas in, oh, never. I hear about those kind of laws from my cotton pickin' uncles!! :D
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I'm thinking "attempted murder" This guy is secretly seeing your wife and they have plans on your insurance policy.
You prove both and you have a HUGE bunch of $$$$ and kiss the wife good by.... start datin strippers, place a Pole in the bedroom.
Man you have a treasure chest in front of you....
HaaaaaaR!!!!
Mac