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  1. #1
    Join Date
    Dec 2006
    Posts
    3

    Default Accident at Work Involving Diesel Truck, Liability

    My question involves injury or loss that occurred in the state of: Illinois

    I am a traffic guard at a warehouse in Illinois which has a entrance (inbound) traffic lane and a exit (outbound) traffic lane on the opposite side of the building. I work in the outbound guard house and had been on the job for a year at the time of the accident.

    A truck driver (I'll call him TD #1) entered the exit (outbound) lane by mistake at approx. 2am at night and drove up to the guard house where I was at. The company does not have a gate on the exit lane but there was a sign out on the street that states "do not enter" and "exit traffic only" which the driver claims he did not see. At the time (TD #1) entered the wrong way into exit lane I had another truck driver (I'll call him TD #2) stopped at my guard house window facing the opposite direction. In other words he was heading in the right direction and after I finished processing his shipment (TD #2) would of proceeded down the outbound lane and exited the facility.

    (TD #1) drove up the lane about 150ft and parked his tractor/trailer on the right curb. He ran up to my window and wanted to know if he was at the correct warehouse. I looked at his bills and advised him yes he was at the correct warehouse but he had entered the facility the wrong way via the exit lane. I told him to go back to his tractor and that I would be with him when I finished with (TD #2) already at my window, our policy is not to have driver walking around but rather keep them in there trucks. I proceeded then to process (TD #2) and then approx 1-2 minutes later I heard (TD #1) engine rev up and I turned to see that he was attempting to back a 53ft trailer out of the exit lane, a u-turn was not possible, across a divided highway with no flagman out on the street to stop traffic. Before I could even get out of the Guard house a car t-boned the back of his trailer. Regrettably, the person who hit the trailer was severly hurt and may never walk again.

    I gave a statement to a insurance investigator a few months after the accident stating the above facts. A few months after that I had a follow up meeting with the same investigator and was shocked to hear both (TD #1) and (TD #2) had given statements that I TOLD (TD #1) TO BACK OUT which did not happen, it's against our policy. I have no idea why (TD #2) would say such a thing unless he had a beef with my employer at the time and I pray I get a chance to meet up with him again. (TD #1) made the decision to back out on his own, IMO he was in a hurry and he did not want to wait for me to finish processing (TD #2). Prior to hearing these claims I had no worry about any involvement in the suit but from that day forward I have been gripping ever since because its 2 against 1 in the old "He said, He said" evidence argument.

    About a year after the accident I was informed that the company I work for was being sued by the trucking company of (TD #1). The defense lawyer tried to explain to me what is going on but it is hard for me to understand.
    Basically it is a "3-way" lawsuit as he explained with the victim suing the trucking company and the trucking company is suing my employer under grounds of poor sign usage/display and lack of assistance from the guard, which is me. So I am personally not named in this suit but I am worried about follow up law suits by the victim etc as a result of the initial suit.

    As I post this story today it has been 2 yr. and 12 days since the night of the accident and other than my employers insurance investigator and our defense lawyer I have not been contacted during this entire time by either the victim's counsel or the trucking company for (TD #1). Unfortunately though, last month the company that employed me at the warehouse at the time of the accident lost the contract and I now work for a new employer which makes things even more complicated. The defense lawyer for my former employer wants to retain me but I don't know if that is a good idea or not....I don't want to make it look like I am picking sides or trying to profit from this if it goes to trial. The trial is scheduled for March '09. I am scheduled to give a "evidence" deposition, requested by trucking company lawyer, next month where I've been told he is going to "come after me" to try and pin the blame on me but I would be prepped.
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    So here.....finally.....are my questions I am interested in getting some general advice on. I will likely seek counsel from a personal injury lawyer before I give my deposition but I thought I would take advantage of this service for now.

    - The statute of limitations on personal injury in Illinois is 2yrs, do I even have anything to worry about since it has been over 2yrs since the night of the accident? Since I am not named in this suit, has enough time passed to prevent any future litigation from either the victim or the trucking company as a result of evidence discovered in the initial suit?

    - Is the victim and the trucking company lawyers only worried about the insurance money or do you think they might sue me even though I don't have any assets really other than personal items and a 401K. I own my home but it is mortgaged through a bank and my I still owe on my car as well. Worse case scenario, if I am sued later and a money judgement is forced on me will I be able to save my house and 401K via Bankruptcy?

    - Can I now trust the defense lawyer representing my former employer? Do you think he will try and use me since I am no longer a employee or even try and shift focus all on me to clear the company?

    - Could I be charged with purgery if I testify in court that I did not tell (TD #1) to back out of the exit lane, remember (TD #1 - TD #2) both gave statements that I told (TD #1) to back out even though I didn't? Would it be safer to say I don't recall telling the driver to back out since it has been over two years from the night of the accident, to be safer? I want to tell the truth but it will be 2 against 1 in this argument and what will a jury think?

    - Should I let my former employer retain me as a witness or could it come back to haunt me. Could it be used as a advantage to me later down the road via a immunity deal from the trucking company plantiff's lawyer in that if I let them retain me to testify against my former employer about the poor sign display, if the suit even goes to trial in March '09.

    I would appreciate any opinions from qualified individuals on this matter.

    Thanks!!

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