My mom got hit by a UPS truck..

[DSW]

Last night. Shes 56 and an avid bike rider. She was riding with my dad about 1/4 mile from the house. The UPS truck clipped her in the bike lane while doing 50mph. He then over-corrected and swerved across the road and hit a block wall. She has a multiple fractured pelvis, broken wrist, hand, elbow, and alot of roadrash on her face and left side of her body. She was in the truma unit all night and they peformed surgery on her hand. There were multiple whitnesses, who all say UPS guy is 100% at fault. I'm gonna head up to visit her in Northern Cali early this week. I hope the OWN ups when this is all finished..:(
Anybody know a GOOD cuthroat injury lawyer?:mad: :mad:

[HocusPocus]

thats terrible, hope your mom pulls thru this ok.

[charlyox]

Sad news. I hope she has a speedy recovery.

[Tequila-John]

hope she gets better soon

[AZJD]

Last night. Shes 56 and an avid bike rider. She was riding with my dad about 1/4 mile from the house. The UPS truck clipped her in the bike lane while doing 50mph. He then over-corrected and swerved across the road and hit a block wall. She has a multiple fractured pelvis, broken wrist, hand, elbow, and alot of roadrash on her face and left side of her body. She was in the truma unit all night and they peformed surgery on her hand. There were multiple whitnesses, who all say UPS guy is 100% at fault. I'm gonna head up to visit her in Northern Cali early this week. I hope the OWN ups when this is all finished..:(
Anybody know a GOOD cuthroat injury lawyer?:mad: :mad:
Redirect your energy towards your family brotha. The financial aspects will work out in the long run. Hope your mom makes a speedy recovery....:(

[gramps]

Redirect your energy towards your family brotha. The financial aspects will work out in the long run. Hope your mom makes a speedy recovery....:(
I wouldn't even think about $$$$ until she is totally recovered. Hope she is doing good.

[DeltaSigBoater]

:eek:
I hope she'll be alright!
In California, if a person driving a motor vehicle (car, truck, van, bus, motorcycle, etc) hits a pedestrian, bicyclists, the individual driving the motor vehicle is at fault regardless.
Good Luck To You & Your Family!
~DeltaSigBoater

[FullUp]

Hope your Mom gets better. I know the feeling 1st hand. Same thing happened to my mom (not UPS). Remember it was an accident. Compensation will come in time but you will need a lawyer just because of who you are dealing with.

[RitcheyRch]

Oh man, so sorry to read this. Wishing your Mom a speedy recovery.

[bear down]

Hope your Mom gets better. I know the feeling 1st hand. Same thing happened to my mom (not UPS). Remember it was an accident. Compensation will come in time but you will need a lawyer just because of who you are dealing with.
exactly....hopefully she fully recovers...let things happen as it should...accidents happen. god speed to her.

[BajaMike]

Last night. Shes 56 and an avid bike rider. She was riding with my dad about 1/4 mile from the house. The UPS truck clipped her in the bike lane while doing 50mph. He then over-corrected and swerved across the road and hit a block wall. She has a multiple fractured pelvis, broken wrist, hand, elbow, and alot of roadrash on her face and left side of her body. She was in the truma unit all night and they peformed surgery on her hand. There were multiple whitnesses, who all say UPS guy is 100% at fault. I'm gonna head up to visit her in Northern Cali early this week. I hope the OWN ups when this is all finished..:(
Anybody know a GOOD cuthroat injury lawyer?:mad: :mad:
That's really sad....this week my sister is riding from San Francisco to Santa Monica to raise money for a charity (I think breast cancer). Biking is great exercise but I think very dangerous....I tried to talk her out of it.
You are only inches from cars going 30 to 60 mph.....not good. Several people, including a friend, have been killed on PCH hear Dana Point in the last year.
I hope she is OK, we have the best health care system in the world. Where in Northern California?? I know some lawyers up there, you probably want one in the area.

[clownpuncher]

Redirect your energy towards your family brotha. The financial aspects will work out in the long run. Hope your mom makes a speedy recovery....:(
THE BEST advice so far. Take care of your family first, everything else will happen in due time.
Hope your mama heals quickly;)

[hoolign]

Hope your mom gets better quick! Then she can Fed Ex all the lawyers stuff to UPS ..C.O.D ..Mom's are tough! My dad is 82 and still waddles away from her when she's pissed off!

[Ultracrazy]

:eek:
I hope she'll be alright!
In California, if a person driving a motor vehicle (car, truck, van, bus, motorcycle, etc) hits a pedestrian, bicyclists, the individual driving the motor vehicle is at fault regardless.
Good Luck To You & Your Family!
~DeltaSigBoater
That's negative ghost rider. Untrue. But, in most cases, they probably are but the driver is not presumed to be at fault just because they are in a car.
That being said, I wish the best for "mom".

[meaniam]

Last night. Shes 56 and an avid bike rider. She was riding with my dad about 1/4 mile from the house. The UPS truck clipped her in the bike lane while doing 50mph. He then over-corrected and swerved across the road and hit a block wall. She has a multiple fractured pelvis, broken wrist, hand, elbow, and alot of roadrash on her face and left side of her body. She was in the truma unit all night and they peformed surgery on her hand. There were multiple whitnesses, who all say UPS guy is 100% at fault. I'm gonna head up to visit her in Northern Cali early this week. I hope the OWN ups when this is all finished..:(
Anybody know a GOOD cuthroat injury lawyer?:mad: :mad:
tragic hope she has a speedy recovery

[DILLIGAF]

Sorry to hear that and I hope she makes a full recovery.

[Sherpa]

where in nor cal, and sorry to hear about your mom... hope she completely
makes a recovery........
--Sherpa

[DSW]

Thanks everybody for your support. She lives in Santa Rosa, Ca. She is doing better, and will be out of the hospital in about a week. She says she will continue to ride her bike. :eek:

[OliverM5]

PM Sent

[riverbound]

Where was E4L last night?? :idea:
sorry to hear about your mom, she sounds like she is doing better and will e back on her bike in no time :D

[WYRD]

Give the guy a break. He is probably reeeeeally pissed off right now.
I don't think he was automatically thinking of getting rich off this deal. The only thing that hurts companies like UPS is losing money and lawsuits.
I'm sure he just wants the company to suffer as badly as his mom.
DSW,
I'm sure your mom will be ok once she gets out of the hospital and will make a full recovery.
No Disrespect to your mom DSW I hope she makes a quick recovery, but why exactly should UPS be to blame here? Comments like the above really puzzle me, just because the guy was driving a company car the company is at fault? Go after the one who was negligant, I am sure UPS insurance would cover all of the medical expenses however if there is any punitive damages sought they should be directed towards the party at fault. Just my opinion.

[ULTRA26 # 1]

No Disrespect to your mom DSW I hope she makes a quick recovery, but why exactly should UPS be to blame here? Comments like the above really puzzle me, just because the guy was driving a company car the company is at fault? Go after the one who was negligant, I am sure UPS insurance would cover all of the medical expenses however if there is any punitive damages sought they should be directed towards the party at fault. Just my opinion.
In CA insurance responsibility follows the vehicle 1st and then the driver.
In the case of a basic at fault accident punitive damages don't come into play. Punitive damage generally result from malicious intent, which is not the case in an "accident" If this case involved an at fault drunk driver, then punitive damage could be awarded.
__________________________________________________ ______________
I too am very hopeful that your mom recovers fully as quickly as possible.
With regard to the fault issue, medical bills and pain and suffering, worry about this after your mom is feeling better When that time comes, the claim for damage has no more value than if your mom was by an auto insured with high limits. If the UPS driver is found to be 100% at fault, the claim for damage, considering broken bones, etc, is worth in the low to mid six figure range. It's very possible that UPS is self insured which could make it a bit more difficult to collect. I'm not aware of their insurance structure, but generally for a case of this nature, there is excess liability coverage to protect UPS from losses above a stated amount of their self insured liability.
As long as you don't approach the matter with an "OWNING UPS" mentality I have no doubt that in the end, your mom will be fairly compensated.
Just my .02

[Baja Big Dog]

:eek:
I hope she'll be alright!
In California, if a person driving a motor vehicle (car, truck, van, bus, motorcycle, etc) hits a pedestrian, bicyclists, the individual driving the motor vehicle is at fault regardless.
Good Luck To You & Your Family!
~DeltaSigBoater
Wish that was true!!

[Baja Big Dog]

No Disrespect to your mom DSW I hope she makes a quick recovery, but why exactly should UPS be to blame here? Comments like the above really puzzle me, just because the guy was driving a company car the company is at fault? Go after the one who was negligant, I am sure UPS insurance would cover all of the medical expenses however if there is any punitive damages sought they should be directed towards the party at fault. Just my opinion.
Because the driver works for UPS, and he is the responsibility of the COMPANY he is driving for, UPS...FedX...etc. The company is responsible.

[voodoomedman]

Hope your mom heals quickly and well.

[sponger_2]

i wouldnt be surprised if a UPS representative shows up at the hospital with a blank check, so to keep it out of court. ive heard of it before. btw i work for UPS as well.

[WYRD]

Because the driver works for UPS, and he is the responsibility of the COMPANY he is driving for, UPS...FedX...etc. The company is responsible.
For the accident yes, however if you re-read my post I am talking more about the sue happy mentality of "owning" UPS. :confused:

[DSW]

For the accident yes, however if you re-read my post I am talking more about the sue happy mentality of "owning" UPS. :confused:
We don't have a "sue happy mentality" but this was not just an accident. The jack-ass was not paying attention. This was preventable. Now my mom will be out of work for at least a month (shes a 4th grade school teacher) and will never have 100% use of her arm/hand ever again, along with the fact that she won't be walking any time soon. They had to put pins in her hand and wrist.
I've personally never sued anybody in my life and nor has my parents, but this situation will be cause to.

[Baja Big Dog]

Im sure that UPS would love to keep this out of court, but rest assured, they have a fully staffed and very competent legal group, that would not hesitate to take this to court, and they have one thing in there favor that you don't have, they are paid, weather they go to court or not.
Im sure they would love to settle, and when you get done paying some fricken ambulance chaser, you would probably be much better off not going to court.

[WYRD]

We don't have a "sue happy mentality" but this was not just an accident. The jack-ass was not paying attention. This was preventable. Now my mom will be out of work for at least a month (shes a 4th grade school teacher) and will never have 100% use of her arm/hand ever again, along with the fact that she won't be walking any time soon. They had to put pins in her hand and wrist.
I've personally never sued anybody in my life and nor has my parents, but this situation will be cause to.
No doubt your mom was wronged and deserves compensation for her suffering, I am not disputing that fact. What I am saying is morally you have a duty to go after the jack-ass not paying attention in a seperate civil suit and let UPS cover the costs related to the accident (medical bills, lost wages, rehab, property damage, ect.) Financial compensation for pain and suffering should be collected from the negliant party (the driver personally) However, he probably does not have much to collect (maybe he has personal insurance or an umbrella policy) so it is more likely that some "Blood Hound" attorney would go after UPS for this portion of compensation which IMO is wrong. Again, I am not downplaying what happend to your mom at all, she is well deserving some sort of compensation.

[BoatFloating]

Last night. Shes 56 and an avid bike rider. She was riding with my dad about 1/4 mile from the house. The UPS truck clipped her in the bike lane while doing 50mph. He then over-corrected and swerved across the road and hit a block wall. She has a multiple fractured pelvis, broken wrist, hand, elbow, and alot of roadrash on her face and left side of her body. She was in the truma unit all night and they peformed surgery on her hand. There were multiple whitnesses, who all say UPS guy is 100% at fault. I'm gonna head up to visit her in Northern Cali early this week. I hope the OWN ups when this is all finished..:(
Anybody know a GOOD cuthroat injury lawyer?:mad: :mad:
Sorry to here this. But, how about just care for your mom and get her better and worry about pay day if UPS doesn't take care of her. My concern would be health 1st everything else 2nd.

[ULTRA26 # 1]

We don't have a "sue happy mentality" but this was not just an accident. The jack-ass was not paying attention. This was preventable. Now my mom will be out of work for at least a month (shes a 4th grade school teacher) and will never have 100% use of her arm/hand ever again, along with the fact that she won't be walking any time soon. They had to put pins in her hand and wrist.
I've personally never sued anybody in my life and nor has my parents, but this situation will be cause to.
DSW, I understand your anger at the driver but please try to understand that all ACCIDENTS are preventable. Because the driver lost his focus for a moment or two, doesn't change the fact that it was an accident, unless of course you believe that the driver saw your Mom and ran into her on purpose.
As I commented earlier, this case is worth low to mid 6 figures. The value of the case grows with determination of permanent injuries.
I hope that your mom gets better as quickly as possible. The sooner this is put behind all of you, the better.
Again, just my .02
No doubt your mom was wronged and deserves compensation for her suffering, I am not disputing that fact. What I am saying is morally you have a duty to go after the jack-ass not paying attention in a seperate civil suit and let UPS cover the costs related to the accident (medical bills, lost wages, rehab, property damage, ect.) Financial compensation for pain and suffering should be collected from the negliant party (the driver personally) However, he probably does not have much to collect (maybe he has personal insurance or an umbrella policy) so it is more likely that some "Blood Hound" attorney would go after UPS for this portion of compensation which IMO is wrong. Again, I am not downplaying what happend to your mom at all, she is well deserving some sort of compensation.
WYRD,
In CA financial responsibility for a traffic accidents follow the vehicle first and then the driver. UPS is aware of that they are almost 100% responsible for the acts of their drivers. Part of the price of the cost of send a package is set aside for situations exactly like this. Accidents happen and UPS like all other businesses in CA are aware of this and prepare for it.

[HokeySon]

Financial compensation for pain and suffering should be collected from the negliant party (the driver personally) However, he probably does not have much to collect (maybe he has personal insurance or an umbrella policy) so it is more likely that some "Blood Hound" attorney would go after UPS for this portion of compensation which IMO is wrong. Again, I am not downplaying what happend to your mom at all, she is well deserving some sort of compensation.
I honestly don't understand where you are coming from here. Why do you think it is wrong for UPS to cover the liabilities it incurs to further its business? The driver was out there on business (I assume) making money for UPS. If he made a mistake, he did so as an employee of UPS not some random guy out for a sunday drive). When employees make mistakes, the employer pays. That is the way it is and the way I think it should be (the employer is in the best position to minimize mistakes and to get appropriate insurance).

[WYRD]

I honestly don't understand where you are coming from here. Why do you think it is wrong for UPS to cover the liabilities it incurs to further its business? The driver was out there on business (I assume) making money for UPS. If he made a mistake, he did so as an employee of UPS not some random guy out for a sunday drive). When employees make mistakes, the employer pays. That is the way it is and the way I think it should be (the employer is in the best position to minimize mistakes and to get appropriate insurance).
The tag line below your screen name states it all:rolleyes:
I understand the legality of it just disagree with it. People should be held accountable for their actions. Now if the UPS driver would have killed someone (thankfully he didnt) then he would have been held accountable beyond the umbrella of UPS(criminally), the same should be true with civil cases.

[HokeySon]

The tag line below your screen name states it all:rolleyes:
I understand the legality of it just disagree with it. People should be held accountable for their actions. Now if the UPS driver would have killed someone (thankfully he didnt) then he would have been held accountable beyond the umbrella of UPS(criminally), the same should be true with civil cases.
So, when the mechanic does something wrong and your motor seizes, you would expect the mechanic to pay not the company he works for? The company made the profit for the work, not the mechanic. Really, I am trying to understand your thinking. I don't think I have ever encountered this opinion.
If the driver had killed someone (and as you said thankfully he did not), and it was just an accident (negligence or a mistake), the criminal justice system would not be involved. And, if it were intentional so that the criminal justice system did get involved, UPS probably wouldn't be on the hook in the civil system. In short, if it is negligence, employer pays, if something is intentional the individual is on the hook.
Sorry if the tag line offends you, I didn't understand they were supposed to be serious. But, yes, I do sue for food. It is my job and how I support my family. I have no problem accepting money for solving people's problems when then cannot do it themselves (I do not do auto accidents though -- except for friends when they ask). If you just don't like laywers, that's cool. Hope you don't ever need one.

[Deano]

This is the exact reason we don't have company trucks. We pay the payments to their personal loans. We do have a tractor trailer that waves our flag. I can't tell you how many times some dipshit has tried to sue just because they can. Changing lanes or just running into the front, back, side. And then there is the chp pulling over a brand new truck and picking it apart, etc... California is a tough state to do business in, with all the crooks around.
Hope your mom fully recovers from this unfortunate accident and gets compensated for all she is due.

[WYRD]

So, when the mechanic does something wrong and your motor seizes, you would expect the mechanic to pay not the company he works for? The company made the profit for the work, not the mechanic. Really, I am trying to understand your thinking. I don't think I have ever encountered this opinion.
If the driver had killed someone (and as you said thankfully he did not), and it was just an accident (negligence or a mistake), the criminal justice system would not be involved. And, if it were intentional so that the criminal justice system did get involved, UPS probably wouldn't be on the hook in the civil system. In short, if it is negligence, employer pays, if something is intentional the individual is on the hook.
Sorry if the tag line offends you, I didn't understand they were supposed to be serious. But, yes, I do sue for food. It is my job and how I support my family. I have no problem accepting money for solving people's problems when then cannot do it themselves (I do not do auto accidents though -- except for friends when they ask). If you just don't like laywers, that's cool. Hope you don't ever need one.
The mechanic is selling goods and services and I believe that a company should stand behind their product, now if he was liable for injury of a patron in some way or fashion (even if it was in his regular job routine) then yes, he too should be accountable for his own actions. People see companies as huge dollar signs and often hold them accountable to a much higher standard, why?
The tag line makes sense if youre an attorney (fitting and humorous) I didnt know you were one. That said I am not an attorney and not arguing the legal right to sue UPS, just the moral one. Sorry if it offends you or anybody else but IMPO UPS did nothing wrong in this instance, was the truck in working order, was the employee fully trained, did they check his driving record, and do they train for safety? If so they shouldnt be held accountable for the fault of an employees negligence

[HokeySon]

The mechanic is selling goods and services and I believe that a company should stand behind their product, now if he was liable for injury of a patron in some way or fashion (even if it was in his regular job routine) then yes, he too should be accountable for his own actions. People see companies as huge dollar signs and often hold them accountable to a much higher standard, why?
The tag line makes sense if youre an attorney (fitting and humorous) I didnt know you were one. That said I am not an attorney and not arguing the legal right to sue UPS, just the moral one. Sorry if it offends you or anybody else but IMPO UPS did nothing wrong in this instance, was the truck in working order, was the employee fully trained, did they check his driving record, and do they train for safety? If so they shouldnt be held accountable for the fault of an employees negligence.
I think I understand where you are coming from. I guess I jusst look at it more as allocating a cost of doing busness, rather than a fault issue (assuming we are talking about an accident rather than an intentional or criminal act). I wholeheartedly agree that people need to take more responsibility for their own actions than is the current norm.

[WYRD]

.
I think I understand where you are coming from. I guess I jusst look at it more as allocating a cost of doing busness, rather than a fault issue (assuming we are talking about an accident rather than an intentional or criminal act). I wholeheartedly agree that people need to take more responsibility for their own actions than is the current norm.
UPS is a Huge company so to them this might be a "planned" cost of doing business, however had this happened involving the driver of a "mom and pop" company it very well could be the end of it and all because of one careless mistake made by an employee.

[ChumpChange]

Im sure that UPS would love to keep this out of court, but rest assured, they have a fully staffed and very competent legal group, that would not hesitate to take this to court, and they have one thing in there favor that you don't have, they are paid, weather they go to court or not.
Im sure they would love to settle, and when you get done paying some fricken ambulance chaser, you would probably be much better off not going to court.
Personal injury attorneys work off of contingency so they don't have to put any money up front. It all comes out of winnings. If there are no forseeable winnings, then there won't be an attorney.

[HokeySon]

UPS is a Huge company so to them this might be a "planned" cost of doing business, however had this happened involving the driver of a "mom and pop" company it very well could be the end of it and all because of one careless mistake made by an employee.
You're right. That is why even a mom and pop company needs adequate insurance (and why I pay a huge premium for malpractice insurance in case I make a mistake).
IMO, everyone is overly worked up over this. With due respect to the feelings of the OP, this is a pretty run of the mill legal matter. Mom is going to present her bills and prognosis to UPS's insurance carrier and going to get a settlement offer that incudes pain and suffering. She will either take that or decide to sue. Negotiations will follow and either there will be a settlement or verdict. Mom is not going to end up owning UPS, although she will lilkely get a pretty decent chunk of money. I hope she recovers fully and gets enough to make her feel as though she got what was coming to her. At the end of the day, it sounds like just an accident and that is what insurance is for.

[HokeySon]

Personal injury attorneys work off of contingency so they don't have to put any money up front. It all comes out of winnings. If there are no forseeable winnings, then there won't be an attorney.
You are right. But for a case like this, where there are real verifiable damages, there will be lots of attorneys willing to take a chunk of the money. Finding one that will actually be worth their share will be the difficult part. Lots of bottom feeders in this area who just churn the case, try to drive up medical bills with "massage" and Chriopractic treatments and do little to actually assess the client's needs. Of course, insurance adjusters aren't saints either. It is not a great system.
EDIT: One more thing for all those who might hire a contingent fee lawyer some day: Maker sure that you understand how "costs" and expenses are dealt with. Some agreements require the client to pay those whether there is a recovery or not. That is not necessarily a bad thing, just be careful and understand all parts of a contingent fee agreement are negotiable.

[boater250s]

UPS is insured through Liberty Mutual for liability. All of their vehicles are covered by them personally. I've never heard of UPS cutting a check right away, after the accident, I too work for UPS, for a long time, and never heard of this, they will basically just pass it on to their insurance company. I don't expect them to pay out anything until they have to. But it sounds like the driver was definatley at fault and UPS will have to pay at some time or another.

[BoatFloating]

settlement or verdict. Mom is not going to end up owning UPS, although she will lilkely get a pretty decent chunk of money.
I think what everyone is worked up over is if my mom was in accident with a major company the 1st thing I want is her better not thinking of owning half the company. Dollar signs in the eyes and tears?