Legal Question in Personal Injury in New York
Truck driver being sued
I used to be a truck driver for 'company A', I was in an accident 2 years ago in their truck. I was making a right turn and swung wide and this stupid lady tried to pass me on right and I hit her. Anyway, log story short, I just received a summons that me and 'company A' are being sued for money in excess of the monetary jurisdiction of all lower courts'. She is suing for emotional distress, serious injury, and a bunch of other hogwash. The accident was barely a fender bender and we both drove away after police came. Well my questions are as follows.
1. can she sue me personally even though I was working for someone else and driving company A's vehicle?
2. I no longer work for company and am not too happy with them. Can I contact Plaintiffs lawyer and ask them to drop the case against me in return I will testify for them? I do know some things that would help the plaintiff. Examples are: I might of been on the phone during accident, they never and were supposed to train me in that big of a truck, and some other inside training and procedures.
3. If they agree to drop case can I legally ask them for some sort of payment for my time and testimony?
10 Answers from Attorneys
Re: Truck driver being sued
Regardless of your questions, which can be discussed at a later time, you need to consult an attorney to answer the complaint right away. There are time limits involved, and if you don't answer on time, the plaintiff can get a default judgment against you. Also, you may be covered for this by your and/or Company A's insurance. Contact a lawyer ASAP.
Re: Truck driver being sued
As the driver of the truck you are a necessary party to the lawsuit and it is extremely unlikely that any plaintiff's attorney would drop the case against you. If you were in the course of your employment, however, your former employer's insurance company should be notified so that they can assign counsel to represent you in this lawsuit.
Re: Truck driver being sued
In New York, the statute of limitations for bringing this type of lawsuit is 3 years. Typically, the attorney for plaintiff will try to settle the claim before getting the courts involved. That obviously did not happen, and now you have received the complaint.
As the driver of the truck, the insurance carrier for the company you worked for should provide you with a defense, but you must cooperate with them. This means, among other things, that you need to send the complaint to them as soon as possible. If you don't know the insurance carrier, your former employer should be able to tell you (I'm sure they also received the complaint and sent it to their carrier, but you need to do it also just to cover yourself).
Lastly, as the driver, you are a necessary party to the lawsuit. No lawyer will discontinue against you.
Re: Truck driver being sued
You have an unfortunate situation on your hands. I have a few questions. Please feel free to call me, Pasquale Calcagno, Esq., of Calcagno & Associates at 1(800)WE-FIGHT for a free consultation or visit my website for legal information and resources you may find helpful at www.ny-injurylawyer.com.
Re: Truck driver being sued
You have an unfortunate situation on your hands. I have a few questions. Please feel free to call me, Pasquale Calcagno, Esq., of Calcagno & Associates at 1(800)WE-FIGHT for a free consultation or visit my website for legal information and resources you may find helpful at www.ny-injurylawyer.com.
Re: Truck driver being sued
You have an unfortunate situation on your hands. I have a few questions. Please feel free to call me, Pasquale Calcagno, Esq., of Calcagno & Associates at 1(800)WE-FIGHT for a free consultation or visit my website for legal information and resources you may find helpful at www.ny-injurylawyer.com.
Re: Truck driver being sued
You have an unfortunate situation on your hands. I have a few questions. Please feel free to call me, Pasquale Calcagno, Esq., of Calcagno & Associates at 1(800)WE-FIGHT for a free consultation or visit my website for legal information and resources you may find helpful at www.ny-injurylawyer.com.
Re: Truck driver being sued
You have an unfortunate situation on your hands. I have a few questions. Please feel free to call me, Pasquale Calcagno, Esq., of Calcagno & Associates at 1(800)WE-FIGHT for a free consultation or visit my website for legal information and resources you may find helpful at www.ny-injurylawyer.com.
Re: Truck driver being sued
You have an unfortunate situation on your hands. I have a few questions. Please feel free to call me, Pasquale Calcagno, Esq., of Calcagno & Associates at 1(800)WE-FIGHT for a free consultation or visit my website for legal information and resources you may find helpful at www.ny-injurylawyer.com.
Re: Truck driver being sued
Do not contact plaintiff's lawyer nor admit anything. Get an attorney.
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