Author Topic: So I'm at the dump today.... (Read 807 times)

Flit · « **on:** August 01, 2006, 07:50:07 PM »

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.

BlueJ1 · « **Reply #1 on:** August 01, 2006, 07:50:56 PM »

Meatwad · « **Reply #2 on:** August 01, 2006, 07:51:10 PM »

I smell lawsuit

DiabloTX · « **Reply #3 on:** August 01, 2006, 08:10:30 PM »

Quote

Originally posted by Meatwad
I smell lawsuit

You must be a lawyer.

Meatwad · « **Reply #4 on:** August 01, 2006, 08:11:22 PM »

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

DiabloTX · « **Reply #5 on:** August 01, 2006, 08:13:27 PM »

OK, I'll bite...

And what would be the grounds of your "lawsuit"?

Meatwad · « **Reply #6 on:** August 01, 2006, 08:14:08 PM »

Thats what consoltations are for

DiabloTX · « **Reply #7 on:** August 01, 2006, 08:15:59 PM »

No no...you said "I smell lawsuit."

rpm · « **Reply #8 on:** August 01, 2006, 08:23:02 PM »

Could have been worse. I watched an R-50 Euclid back over a new Supervisors pickup. Made a nice pancake.

Neubob · « **Reply #9 on:** August 01, 2006, 08:29:57 PM »

Quote

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.

Maverick · « **Reply #10 on:** August 01, 2006, 08:30:26 PM »

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.

Vudak · « **Reply #11 on:** August 01, 2006, 08:31:01 PM »

Quote

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.

DiabloTX · « **Reply #12 on:** August 01, 2006, 08:33:33 PM »

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.

nirvana · « **Reply #13 on:** August 01, 2006, 08:40:35 PM »

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?

Maverick · « **Reply #14 on:** August 01, 2006, 08:45:28 PM »

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.