Can I file my own charges against someone if a garbage truck rear ended me at a stop light? - Accident Law Questions and Answers- LawQA.com

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Can I file my own charges against someone if a garbage truck rear ended me at a stop light?

Guy driving 40 ton garbage truck was on cell phone when he slammed into me causing me to hit the woman in front of me. I was almost killed by a person who wasn't paying attention! He also went on to hit a van with disabled kids in it. This man should never be allowed to drive a commercial vehicle ever again. Thanks for listening. I am recovering now.

Answer By Gregory Allen
Trendowski & Allen, PC
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Yes, you can pursue your own personal injury action against the gentleman driving the truck that hit you. Since he was at fault for the accident he would be liable for the injuries and losses he caused as a result of his own negligence. However, if you are asking if you can file your own criminal charges against the individual who hit you, only the State can prosecute someone. Based on the facts you relayed about the accident it sounds like the police are already involved and the driver was likely charged with something. If you are not sure you can contact the police department that investigated the accident and request a copy of the report. However, your best recourse against this person will be to pursue your own claim for reimbursement for your injuries and losses from him.

Answer Applies to: Connecticut
Replied: 6/19/2014

Answer By Joseph Schramm

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If you have "Full Tort Coverage" on your automobile insurance, you can recover for the property damage, medical bills and lost wages, that are not reimbursed by your own insurance carrier. You can also theoretically recover compensation for any pain, suffering and loss of enjoyment of life caused by the accident., Since this is a rear end collision there would be no argument about liability. The focus of any settlement or litigation would be on the amount of damages you could recover. For this you should retain the services of an attorney who does personal injury work. Most of them charge contingency fees, meaning that they receive a percentage of whatever amount is recovered for you.

Answer Applies to: Pennsylvania
Replied: 6/16/2014


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You can file a civil lawsuit against the driver and owner of the garbage truck for negligence and resulting damages you suffered. You should seek advice of counsel as soon as possible and before you talk to any insurance claims representative.

Answer Applies to: Minnesota
Replied: 6/16/2014

Answer By Erven Nelson

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You can file criminal charges with the police department. You should also file a claim against the garbage truck driver and his employer.

Answer Applies to: Nevada
Replied: 6/13/2014


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You can sue civilly for your damages, or make a complaint to the police. Only the police can file charges.

Answer Applies to: Nevada
Replied: 6/13/2014


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You should speak with an attorney immediately to protect your rights and your claim against the trucker.

Answer Applies to: Missouri
Replied: 6/13/2014


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Sure you can sue, However, common sense says that you need a lawyer. Why? Well for openers, you did not realize that you should also sue the owner of the truck in addition to the driver. Then, there is the issue as to what is your case worth? To answer that, you need to gather all of the medical records and review them. This is not for the victim to do. Get a pro.

Answer Applies to: Michigan
Replied: 6/13/2014


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If you are referring to criminal charges, that is left up to the police and the Attorney General's office. However, you certainly have a right to make a civil claim for damages against that driver. There are time limits on making such claims, so you should act immediately.

Answer Applies to: Delaware
Replied: 6/13/2014

EDWARD M. MILLER, PC
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If you were injured by the truck driver's negligence of course you are entitled to sue him and his employer (if the statute of limitations period has not expired). If the truck belonged to a governmental entity you would have had to give early notice or be barred.

Answer Applies to: Michigan
Replied: 6/13/2014

Answer By John Medler

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Of course, you can sue the garbage truck driver and his employer. He was negligent and should be responsible for your injuries. Please contact an experienced personal injury lawyer in Missouri right away.

Answer Applies to: Missouri
Replied: 6/13/2014

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