by Guest » Mon Nov 19, 2012 05:57 pm
On 13 March 2012 at 8:05 in the morning I approached Main st Wyoming Iowa , from my home 211 west Jones st. Once I entered the Main st, I looked ahead, there was no other vehicles in front of me... as I continued forward crossing over the bridge the sun came brightly I blinked at the same time I unintentionally collided into the rear of a forklift which pulled onto the main st with his rear facing across the st, no lights on the forklift, no warning signs, no person to stop traffic or guide traffic. I was not ticketed nor was the forklift driver.
My daughter and I both suffered injuries from this... I had bruises all over my breast from the seatbelt, Sprang clavical, My back is in so much pain.. and continues to worsen. I have been through rehab , which has not helped... I have lost my job , my home, and been forced to move in with my mother at 46.
I contacted my insurance company straight away, they in return called the other Insurance company and told them, Yes our client is 51% at fault. I had only Liability, so they had no obligation to pay out on my vehicle... There was 5000 in damage to my 91 Volvo, 50.00 to the forklift according to the police report. His insurance claims I failed to properly lookout.. How could I have failed to lookout, I was driving looking straight ahead, the sun came into my vision and the man pulled his forklift onto the road. The witness left the scene, I have not been able to find her. I asked people who was near .. they said, Hey" we cannot get involved we are related to the man on the forklift.
I am interested in hiring a lawyer who is qualified in cases that are complex, the insurance company's have both denied me compensation.... United Fire and Casualty offered 500 for my daughters injury , claiming no liabilty to me. My life is upside down, I am now living on anti depressants to help cope with the stress inflicted on my life as of 13 March 2012.
My daughter and I both suffered injuries from this... I had bruises all over my breast from the seatbelt, Sprang clavical, My back is in so much pain.. and continues to worsen. I have been through rehab , which has not helped... I have lost my job , my home, and been forced to move in with my mother at 46.
I contacted my insurance company straight away, they in return called the other Insurance company and told them, Yes our client is 51% at fault. I had only Liability, so they had no obligation to pay out on my vehicle... There was 5000 in damage to my 91 Volvo, 50.00 to the forklift according to the police report. His insurance claims I failed to properly lookout.. How could I have failed to lookout, I was driving looking straight ahead, the sun came into my vision and the man pulled his forklift onto the road. The witness left the scene, I have not been able to find her. I asked people who was near .. they said, Hey" we cannot get involved we are related to the man on the forklift.
I am interested in hiring a lawyer who is qualified in cases that are complex, the insurance company's have both denied me compensation.... United Fire and Casualty offered 500 for my daughters injury , claiming no liabilty to me. My life is upside down, I am now living on anti depressants to help cope with the stress inflicted on my life as of 13 March 2012.
Posted: Tue Nov 20, 2012 06:51 pm Post Subject:
Unfortunately, you probably have no case. And if you did, it's a small claims matter at most.
How could I have failed to lookout, I was driving looking straight ahead, the sun came into my vision
That's what sun visors and sunglasses are for. To do $5000 in damage to your vehicle, you must have been driving too fast for the conditions that existed. Most drivers who encounter the sun in their eyes, even if only momentarily, slow down to make sure they don't hit anyone or anything.
Posted: Fri Dec 14, 2012 05:05 pm Post Subject:
Okay sure, whatever you say... I have no case... I have been advised by my lawyer that the operator of forklift is in for a rude awakening. Thanks for your advise, which is great advise. Also, you have no idea what hitting soliod steel at 30 miles per hour feels like. Perhaps you should try it!! :D
Posted: Fri Dec 14, 2012 08:08 pm Post Subject:
I have been advised by my lawyer that the operator of forklift is in for a rude awakening.
Lawyers have been known to tell their clients anything, whether it's the truth or not.
I stand by my post. You do not have a $1,000,000 case here. You might get your medical expenses and the damage to your vehicle and a small amount of general damages. Or you might not. It depends on how much at fault you were. Your insurance company asserted that you were 51% at fault. If so, you will get nothing in court. Only the party less than 50% at fault will win a civil suit in a comparative negligence state.
After all, you hit the forklift, the forklift did not hit you. The sun was, by your own admission, in your eyes, and you "blinked" but did not slow down or stop to see whether it was safe to proceed, which, apparently it was not.
At 8:00 in the morning, what lights would you expect to see on a forklift. What lights would anyone expect to see on your 20 year old Volvo?
I can appreciate the upheaval this may have caused in your life, but when it's due mostly to your own negligence, who else is there to blame? Sure, your lawyer will help you to believe someone else is, but a judge or jury might disagree. Good luck.
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