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  1. #1
    Join Date
    Jan 2015
    Location
    Lexington, Kentucky, United States
    Posts
    3

    Default Accident Caused by a Boulder Rolling Onto the Road

    My question involves an injury that occurred in the state of: Ky. I was driving home from work 60 mph when a 3 ton boulder fell off a cliff and bounced to the side of the road and rolled directly into the path of my car. I was pushed into the boulder with my air bags went off. I was then hit from behind and pushed into the boulder again. That night I was taken per ambulance to the hospital where I was said to have bruising and pain only. A few months later I had a herniated c3c4 disc caused by this trauma. I had a titanium plate and a cadaver bone placed . I have had numb hands since the wreck. I have also been diagnosed with post concussion syndrome and traumatic brain injury with memory problems and migraines. I was a nurse for 21 years but I have not been able to work since my surgery. I have tried for disability twice and been denied. I was fired after my surgery; my place of employment put I voluntarily quit which wasn't true. The hospital misdiagnosed me for months after the accident. The accident happened in 2011. Do I have any recourse since some of my diagnosis are happening after a year?

  2. #2
    Join Date
    Mar 2013
    Posts
    17,278

    Default Re: Large Rocks Causes Traffic Accident

    All I can suggest is that you get an attorney who handles the filing of disability claims.

    That's your only hope.

    You could talk to a personal injury attorney but I doubt that there is any negligence on the part of the land owner of the property where the boulder came down from and this king of sudden appearance of a object in the road is one of the classic defenses against an allegation of negligence against the driver that rear ended you.

  3. #3
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Large Rocks Causes Traffic Accident

    If you were hit from behind, presumably one could infer some liability to the car that hit you. As far as proving damages, not trying to be morbidly funny, you are between a rock and a hard place, because some injuries occurred before you were hit from behind. You could also look to the state or county for improper highway maintenance. Where I live, the state inspects for falling rocks and has installed Jersey barriers in places to slow or stop the fall of rocks. Though many discount the durability of such barriers, I smacked a jackknifed 38 ton semi into one at a slight angle and though it finished destroying the tractor and trailer, including the 5th wheel which is designed to handle over 60 tons, the barrier only slightly moved and never cracked.

  4. #4
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Large Rocks Causes Traffic Accident

    I would go ahead & run it by a personal injury attorney to see what, if any, options he/she thinks you "might" have. Good luck.

  5. #5
    Join Date
    Jan 2015
    Location
    Lexington, Kentucky, United States
    Posts
    3

    Default Re: Large Rocks Causes Traffic Accident

    Thank you . The land owner is actually the state of Ky as it happened on a public highway. This is the third rockslide that had happened on this bridge. I know no one wants to take on the state.

  6. #6
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Large Rocks Causes Traffic Accident

    That is what some lawyer live for. I just hope you did not miss the statute of limitations.


    Quote Quoting nancyconan
    View Post
    Thank you . The land owner is actually the state of Ky as it happened on a public highway. This is the third rockslide that had happened on this bridge. I know no one wants to take on the state.

  7. #7
    Join Date
    Jan 2015
    Location
    Lexington, Kentucky, United States
    Posts
    3

    Default Re: Large Rocks Causes Traffic Accident

    I know I have exceeded the statute of limitations for the state but shouldn't they be liable for injuries and medical bills I have acruing now? I may need further neck surgery and I will have chronic conditions for life. I have substantial loss of enjoyment of life with chronic pain and numb hands. I have lost my income as well. I went from 60000 a year to 0. I am on medicaid but not welfare.

  8. #8
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Accident Caused by a Boulder Rolling Onto the Road

    If there is a way around the SOL, an experienced PI lawyer near you will know. You can usually get a free consult.

  9. #9
    Join Date
    Mar 2013
    Posts
    17,278

    Default Re: Large Rocks Causes Traffic Accident

    Quote Quoting nancyconan
    View Post
    I know I have exceeded the statute of limitations for the state but shouldn't they be liable for injuries and medical bills I have acruing now?
    No, the state is not liable for anything if you missed the time limit for filing a claim or lawsuit against the state.

    That's probably one year or less based on the state's tort claims act.

    The statute of limitations for filing a lawsuit against the other driver is one year.

    Although I don't believe that the other driver has any fault here, the fact that you are precluded from successfully filing a lawsuit means that nobody owes you anything.

    Yes, you CAN file a lawsuit, but it will just be dismissed when the defendants raise the statute of limitations as an affirmative defense.

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