Visitor Question

Pinned between my car and a pickup truck while at a gas station…

Submitted By: Anonymous (USA)

I was filling my car tires with air at a gas station, when a pickup backed out of his parking space 15 feet directly across from the air pump and hit me. I was squashed between his back fender and my car. I have a rod in my leg now and constant pain, 7 fractures in pelvic and tail bone, and my muscle and nerves may never return.

I function at only 1/3 of what I used to. Fortunately for me, I am in a profession that requires sitting, walking, and standing at different intervals.

However, that is all I get done in a day.

I was out of work for 9 months following the accident.

I was planning to work until 72 years old, but now I know that will not be the case.

Am I able to get lost income for quitting my job, even if I am eligible for social security? I was not going to start collecting until 70. Also, is the gas station partly liable for having the air pump directly across from parking stalls that were only a few feet away? I’m just wondering about some options here. Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

Your injuries are quite unfortunate. Moreover, they are serious enough to require legal representation. Hopefully you aren’t handling your own injury claim, and are fully represented by an experienced personal injury attorney.

Presuming there is no question of liability, including allegations of possible contributory negligence, all your damages should be covered by the driver’s insurance company.

In your case, damages should include complete reimbursement for your medical, chiropractic or therapy bills, out-of-pocket expenses (for such items as prescription and over the counter medications, crutches, wheelchair, etc.).

All your lost wages should also be covered. In your case, lost wages should include wages you would have likely earned if you’d been able to remain at your job.

Moreover, you have a right to compensation for your pain and suffering (also called emotional distress or mental anguish).

The compensation for your pain and suffering is all-inclusive, and should cover the intangibles which are difficult to quantify.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: June 9, 2014

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