Legal Question in Personal Injury in North Carolina

Hit and Run. What Next

I drive a Tractor Trailer and I was Hit by another Tractor Trailer 3 months ago. I have Lower back and Neck problems which Workers Comp is covering and they are paying me. I alos have a Worker Comp Lawyer. But he doesnt handel Personal Injury. This Driver Didnt stop all we seen was the name on the trailer. The State Police Contacted the Company and they sware up and down they had no damaged trailers. Which My Semi was toteled so they had to be damage. Being we dont know who this drive is and we only seen the company on the trailer can we Open a Personal Injury case aginst anyone? Anyway we can go after the Company being we have no Truck or Trailer? What about my employers insurance? Anyone? This Guy hit me knocked me in the guard rail my truck was side ways about to flip when I Got it back inline and he hit me agine? There is 2 witness's to this


Asked on 12/24/05, 3:11 am

1 Answer from Attorneys
John Kirby Law Offices of John M. Kirby

Re: Hit and Run. What Next

You have at least two possible options. First, you may be able to sue the company that presumably owned the truck, even if you do not know the identity of the drive. The company would be "vicariously" liable for the acts of its driver, and there is a presumption that the driver was acting for the owner. The second option would be to recover under your own "underinsured" motorist insurance coverage, which usually provides coverage for "hit-and-run" accidents. To explore these options, you would need to speak with a personal injury attorney and provide him or her with more details and information.

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Answered on 12/24/05, 10:33 am


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