I just want to show the way this game is played. You see ads on TV and in the paper about "Compassionate lawyers" that are eager to help you to get "what you deserve". You hear how successful they are. And now it happens to you! A truck changed lanes on a slushy road and couldn't spot you on time, so the wheel screws scratch your door and before the truck can stop, hits your mirror on your side. There is not much property damage, but it's a truck accident! You call the police, they call the ambulance and the MTO (Ministry of Transportation). The ambulance leaves after a while, no personal injury was detected. The MTO sees no problems with the truck, everything was in order. The police takes notes for their accident report. It is very rare to see that neither the police nor the MTO issues any fines to the driver or his company. Why? Because it was a true accident and nobody could have been blamed. No major damage was done either.
So here is an example of the lawyers' website:
When the Trucker shows the pictures that he took on the site and tells about it, the Safety Manager is surprised that there was no violation or points taken away from the driver. The driver's records stay spotlessly clear and life goes on.
Not for you, of course. You dig and search and finally find those "compassionate" lawyers that would take your side. Well, it seems clear that nobody would make money on property damage, it was only a scratch. Let's sue them for personal injury!Heck, nobody knows if you had prior problems or you can just fake it! From the pictures, the police and the MTO report there was no mention of possible personal injury but who knows what a scratch can do for you!
See the following claim. How much they are suing and how they neglect to attach any other reports of the accident.
Now, of course your lawyer will claim that you minded your own business and ensured that all safety measures were taken.
And now the driver!
Please look through carefully the next two pages because they don't even bother to personalize their claim, they go A to R (That is 19) and list all the possible ways the driver could have gone wrong. Did he? Who cares. It's better than a lottery. Something must be a full hit.
I love r) any or all of the foregoing.
a) proper lookout Maybe Have you ever travelled on a truck and tried to see what the driver sees? It absolutely terrified me. When I travel separately in my car following his truck, I have to go to the driver's side to wave to him because he couldn't see me properly on the right side. Always beware of the truck's right side!
b) excessive speed No. He couldn't have stopped right away and the police would have detected that. Fine would have been issued.
c) failed to yield Maybe. If he didn't see the car, he couldn't have.
d) other users? Are we repeating ourselves?
e) speed he couldn't control the vehicle Really? If that happened, the rest of the truck would have dragged the car like a matchbox.
f) failed to apply break on time Really? You feel you touched something and just go on? Again, the driver stopped next to the car.
g) repeating again. Has the lawyer ever seen a truck?
h) warning? signal and honk? or maybe turn all his lights on?
i) Traffic signals? No comment.
j) How about some more repitition
k) fail in care and skills - Insults
m) unexpected, without warning. Hmm.
n) vehicle in proper condition. The truck is still running after 2 and a half years. The company takes care of it, MTO inspects it regularly. Who is Mr Lawyer to coem up with these allegations?
o) consumption of alcohol or drugs? He drink less than a bottle of beer a month. On celebrations and then I drive. Drugs? Never seen them, don't even know the names.
INSULT
p) incompetent lacking of skills - Really? He has driven some kind of an over sized vehicle in the past 30 years. No major accidents or problems. He can maneuver in places not many driver even attempt to enter.
INSULT
q) repetition. Insult to the company.
Oh yes, r) any or all - take your pick!
Lovely list on all the things you can suffer of after someone scratches your car. Specially when at the time of the accident nothing could be detected. All the physical, mental and psychological trauma that makes you incapable of working, enjoying life, even looking after yourself. Permanent pain and therapies for a long-long time.
Oh, and after all this you and your lawyer is eager to settle out of court for 50 K. That you have sued for almost a million? Money is money. And you all knew it's cheaper to settle then go through all the legal pain and expenses.
You WON!
Did you for just a few moments ever think about the driver and his family? His work place is the roads. He tries to do his best and keep his good records up.
This Claim was settled and paid for a few months when on a Saturday morning this was served to the family. It was a long weekend and there was to be a celebration. The claim was dated 6 months earlier, that was strange. After it almost ruined our weekend, we called the company that told us it is over and done with, it was settled. So what was this serving papers and finding the driver at his home address when it was supposed to be between the company, the insurance company and the lawyers. All business addresses. Why did they have to disturb the driver on his only day off? Did they care that this driver had been the only supporter of his family for tho whole years and this way he was ten times more careful than anybody else? That he takes pride on his work and work ethics?
No. It was a WIN FALL.
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