Visitor Question

Tire came off van while driving!

Submitted By: Patty (Springfield, IL)

I was in a single vehicle auto accident in the company van. I was driving a client home from another state and I called dispatch several times to let them know the van was not driving good. They told me to keep driving it but be safe.

As I was driving down the interstate the tire rolled off the vehicle and I crossed the other lane and ended up in the median that splits the interstate. Come to find out the uncertified mechanic had not tightened the lug nuts and did not bleed the brakes (because he put new pads on the night before).

So there was neglect due to the uncertified mechanic’s repairs, which he did not complete prior to me driving the vehicle. Would I have a case for pain & suffering? I cannot get this out of my mind and I’m afraid to drive. Is there anything I can do? 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 Patty,

Patty (Springfield, IL) :

From the facts you present, you and your passengers did not sustain any physical injuries. Because of that, you really don’t appear to have the basis of a workers’ compensation claim. In the unfortunate event you had been injured, workers’ comp does not provide compensation for pain and suffering.

However, there is an exception. If it can be shown that an employer was grossly negligent, the employer intentionally injured an employee, or where the employer’s actions or omissions were virtually certain to result in injury or death, the injured employee may “pierce” the workers’ compensation prohibition on suing an employer, and proceed with a personal injury lawsuit.

See The Exclusive Remedy Provision State by State Survey

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: November 1, 2015

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