QUESTION
Can I file my own charges against someone if a garbage truck rear ended me at a stop light?
Asked on Jun 12th, 2014 on Personal Injury - North Carolina
More details to this question:
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.
12 ANSWERS
Thomas Edward Gates
You cannot charge someone, however, you can report the matter to the police and they are the ones to charge him.
Answered on Jun 16th, 2014 at 8:13 PM
Consumer Law Attorney serving Denver, CO
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Chalat Hatten & Banker PC
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You can always represent yourself in a civil lawsuit. But given the complexity of the accident and the fact that the garbage collection company will have a seasoned group of lawyers, you will not come close to a settlement value negotiating on your own that you would with a legal representative. If you suffered significant physical injuries, I strongly encourage you to speak to an experienced truck accident lawyer, see Truck Accidents for more information. Please keep in mind that there is a three year statute of limitations for motor vehicle accidents in Colorado, you must file your lawsuit within three years of the accident or lose your right to do so. Other time limitations may apply. I hope you continue to recover!
Answered on Jun 16th, 2014 at 8:13 PM
James Eugene Hasser
If you are talking about criminal charges, you need to check with the police. If you're talking about civil charges, I would do research on the Internet for free information on Alabama accident law and then consider whether to get an experienced injury lawyer. Good luck.
Answered on Jun 16th, 2014 at 8:13 PM
Edwin K. Niles
File charges sounds like a criminal charge. Many local prosecutors (in Los Angeles, for instance, the L.A. City Attorney) review police reports to see if a citation should be issued. You can complain to your local prosecutor (D.A.) but it's up to them to file. Of course if it's L.A. and the trash truck was a city truck, the chances of that happening are slim. You can also make a claim for injuries as a civil matter. Your claim will be against the driver and the owner of the truck. Generally, the statute of limitation is 2 years, but if the truck was a governmental vehicle (city, county) there is a special 6 month claim-filing statute. Please see an injury lawyer ASAP to get properly compensated.
Answered on Jun 16th, 2014 at 8:13 PM
Criminal charges are filed by the District Attorney. You can request the police to act and if they recommend to the DA that charges be filed they might be. You can sue the truck driver and owner in civil court. The other woman and the disabled children will likely sue but there should be enough insurance coverage unless someone was seriously hurt. You might want to see a personal injury attorney about the case.
Answered on Jun 16th, 2014 at 8:13 PM
You always have the right to file charges yourself. There are court rules online that can help you in filing your lawsuit. That being said, one important distinction for you to make is whether the garbage truck is owned by the state (or city/municipality/village) or a private company. The difference could be very important. Governmental or State actors have something known as governmental immunity, which means that in a negligence case, you have to prove a greater degree of negligence than if they were a private actor. Nonetheless, it sounds like you have a very good case. I would recommend looking into hiring an experienced attorney in your area as these cases can become quite complicated and there are many costs such as experts that you will have to front the money for. Many firms will take cases such as yours on a contingency fee basis, meaning that you pay nothing up front, and the attorney only gets paid if you are successful in your case.
Answered on Jun 16th, 2014 at 8:12 PM
Personal Injury Attorney serving St. Louis, MO
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Thomas J. SanFilippo & Associates, LLC
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You should speak with an attorney immediately to protect your rights and your claim against the trucker.
Answered on Jun 16th, 2014 at 8:12 PM
Ronald A. Steinberg
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.
Answered on Jun 16th, 2014 at 8:12 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Not sure what you want to do. if criminal, police might have already charged the driver. If civil (for your injuries) you have a good claim against the city (what city?) let me know your injuries.
Answered on Jun 16th, 2014 at 8:12 PM
Personal Injury Attorney serving Irvine, CA
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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.
Answered on Jun 16th, 2014 at 8:12 PM
EDWARD MILLER
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.
Answered on Jun 16th, 2014 at 8:12 PM
You can file criminal charges with the police department. You should also file a claim against the garbage truck driver and his employer.
Answered on Jun 16th, 2014 at 8:12 PM