Visitor Question

Vehicle damaged by semi truck…

Submitted By: Diana (Coshocton, Ohio)

Last night around 11pm my boyfriend and I were coming home and we saw a semi truck pulling away from our house. Thinking someone was stealing it we followed and the semi stopped. My boyfriend pulled up beside the semi, pulled over to the other side of road and parked. My boyfriend jumped out of vehicle and up to semi door.

The the person in the semi stepped on the gas and started shifting gears. The semi’s trailer caught the passenger side of my vehicle and started dragging it. He was turning left and after driving up on my truck he slammed it into a stop sign, then my truck was dragged over into a steep hill. The semi kept on driving and would not stop.

I need help with what to do. This man owns his own trucking company and he could have killed me. What can I do?

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 Diana,

To answer your question we must review some of the issues…

When your boyfriend “jumped out of (his) vehicle and up to semi door” he may have compromised himself and any chances of recovering compensation to repair his truck.

It was 11:00 o ’clock at night. From the facts you present when your boyfriend jumped up to the semi’s door he did not recognize the driver. It follows the driver also did not recognize him.

The semi apparently, and of its own accord, pulled over when your boyfriend pulled up beside him. So far the semi-driver seems to have acted in a non-threatening manner.

From the tenor of your presentation of the facts it must be fairly presumed when your boyfriend jumped up he was probably confrontational. Even if he didn’t say a word, his jumping up to the driver’s door at 11:00 o’clock at night where neither he nor the driver recognized each other must be taken as a confrontational act.

It holds then that the semi-driver was frightened, and in an attempt to extricate himself from what he perceived to be an imminent threat he hit the gas and sped off. When he did he seriously damaged your boyfriend’s truck.

Regrettably he also may have done so on purpose to stop you from resuming the chase.

From the facts you present we think the court would rule in the semi driver and owner’s behalf and against your boyfriend.

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: August 6, 2011

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