Driver Hit By Commercial Vehicle

Episode Transcript

Speaker 1 (00:00):
I'm Todd Matthews, please to be able to welcome back
Brucell Shiner, Attorney for the Injured. For many years now,
we have presented asked the lawyer at this point on
Wednesday mornings, answering questions largely supply by you, and if
you'd like to send in a question, I'll tell you
how to go about that here momentarily as well. But
first we'll get into today's question, and I'd like you

(00:20):
to help me introduce Brucel Shiner, Attorney for the Injured.

Speaker 2 (00:25):
Good morning, Bruce, Hey, good morning, Prid. How are you
doing this morning?

Speaker 1 (00:28):
Excellent? Excellent? How about you?

Speaker 2 (00:31):
I'm doing fantastic. Thank you.

Speaker 1 (00:33):
If you'd asked me that same question yesterday, you would
have gotten a different answer. I had a really hard
time coming off of the three day weekend, but I
feel like I'm back into the swing of things this morning.

Speaker 2 (00:42):
Well that's good news.

Speaker 1 (00:43):
So good news is kind of your specialty, at least,
that's what I've been telling everybody in the sense that
you usually have something optimistic to bring to the table
with these sometimes very complicated, thorny legal issues, and we've
got another one of those today. Are you ready to
dive into it all right, here we go. Our email
says the following. My seventeen year old son was driving

(01:07):
on Casada Avenue when a pickup truck pulling a trailer
made in illegal U turn and struck him. Who that is?
That's not a smart road to be making a U
turn with a trailer, That's for sure. The driver was ticketed,
but their insurance company now says my son was driving
too fast four conditions, which is untrue. He has a

(01:29):
fractured spine and torn ligaments and is going to miss
school for weeks. We carry full coverage, including uninsured motorist protection,
but the bills are already piling up. Can a lawyer
help challenge this? I'm sure this is something you've dealt
with multiple times, Bruce. How would you handle something like that?

Speaker 2 (01:48):
First of all, the answer is an experienced personal injury
lawyer could definitely help this poor individual. X Number one.
Number two is you know it's getting to be old news,
but almost every week we hear the insurance companies say
we never paid I.

Speaker 1 (02:09):
Quoted you, I quoted you earlier on that. As a
matter of fact, for being the famous quote of the
insurance companies, it's funny you say that.

Speaker 2 (02:18):
So in this particular case, the other driver was definitely
at fault.

Speaker 1 (02:25):
Okay.

Speaker 2 (02:25):
Now, in foreigna, we have what's called comparative negligence, So
at worst our injured person could be a small percentage
at fault. Let's say, let's say ten percent at fault,
which still means that he would be entitled to ninety

(02:46):
percent of the full value of his claim.

Speaker 1 (02:51):
Okay, but.

Speaker 2 (02:53):
The word too fast for conditions is really very nebulous.
It's not an legal turn. They have to have. They
have to have some proof. They can't say, well, he
was speeding, so we're not at fault. They have to
have some hard evidence. Now, if those people called me,

(03:16):
I would have their black box removed and find out
exactly what the speed was, because if the speed was
within the limits, then he's absolutely entitled to one hundred
percent of his damages. If it's if it was over
the limit, we don't need to tell the insurance company

(03:39):
that that information unless they had subpoened the black pox.

Speaker 1 (03:44):
Sure.

Speaker 2 (03:45):
Sure, but I think this individual needs to see an
experienced personal injury lawyer as soon as possible, and he's
entitled to recover for his damages, which is his medical
bills in the ask the medical bills he's going to
encur in the future is pain and suffering in the past,

(04:07):
pain and suffering in the future, and other intangible damages.

Speaker 1 (04:12):
Right right now. I always forget about the black box
being in most modern vehicles, and that's kind of thing.
If this particular vehicle ended up, you know, in a
tow yard somewhere, who knows what could happens, you kind
of need to get on that fast exactly.

Speaker 2 (04:26):
That's why the first thing you should do is call
an experienced personal injury lawyer, put the case in his hands,
and he'll guide you through it.

Speaker 1 (04:35):
All right, Just what I was hoping to hear, some
good news possibly coming out of this bad situation. Appreciate that.

Speaker 2 (04:43):
That's my pleasure, Todd. You always have interesting questions, and
I always look forward to chatting with you in the
audience on Wednesday mornings.

Speaker 1 (04:52):
And I'm sure we'll have another one next week for you.
In the meantime, take care, say hi to everybody for us.

Speaker 2 (04:57):
Okay, thanks to take care by bye.

Speaker 1 (04:59):
Ladies and gentlemen. You sell Shiner Attorney for the injured.
And if you would like to submit a question for
future consideration. It's not that hard to do. You simply
go to our website, put Bruce in the keyword search box.
It'll take you where you need to go. If you've
got an injury. In this case, you know somebody in
the family's been injured. Bypass what I just said and

(05:19):
call the Port Charlotte Office of Associates and Bruce L.
Shiner at number is nine four one seven four three
seven seven seven seven nine four one seven four three
seven seven seven seven. Be sure to tell them that
Todd Matthews sent you