Do I have any legal recource in an auto accident if I was not injured? 24 Answers as of December 12, 2011

I am a truck driver involved in an accident in a company truck. The other driver admitted to being at fault along with two witnesses that stated it was his fault. He had minor injuries and was taken to the hospital. I had a stiff neck for a few days, but did not seek medical attention. I was laid off a week later. I had a clean driving record until this happened. Now I'm having a hard time getting driving jobs because of this accident. Do I have any legal recourse against the other driver from this accident?

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The Law Offices of Paul A. Samakow, P.C.
The Law Offices of Paul A. Samakow, P.C. | Paul A. Samakow
No, you have no claim against the other driver. If you had a claim, it would be for injuries. As you had no medical care, it would be difficult to establish an injury occurred. Your employer can fire you at any time for any reason, as long as it is not discriminatory. So, sorry my friend, no claim here.
Answer Applies to: Virginia
Replied: 12/12/2011
Michael J. Sgarlat Attorney at Law | Michael Joseph Sgarlat
If you can't prove damages then you don't have a claim.
Answer Applies to: Virginia
Replied: 12/9/2011
R. D. Kelly Law Firm, P.L.L.C.
R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
If a collision was not your fault, it should not affect your employment as a driver. If you sued the at-fault driver and claimed he caused your lost wages, you would have a difficult time convincing anybody there was proximate cause between the at-fault driver's negligence and you being laid off and having a hard time finding driving jobs.
Answer Applies to: Washington
Replied: 12/8/2011
Law Office of Mark J. Leonardo
Law Office of Mark J. Leonardo | Mark Leonardo
You get to sue for damages proximately caused by someone elses negligence. You had minor pain and inconvenience, which is worth a nominal amount. It would probably be difficult to prove you were laid off because of the accident because your employer probably wont admit to that being the reason. They will probably cite to economic times. Its also probably a difficult task to claim damages for getting fired for an accident in which you were not at fault and the other guy was at fault. If you had loss of earnings because you could not work because of an injury, that would be compensable. But losing your job would be a huge leap.
Answer Applies to: California
Replied: 12/8/2011
David F. Stoddard
David F. Stoddard | David F. Stoddard
You can recover whatever damages for your stiff neck, which would be very little since it apparently resolved without medical treatment. It probably would not be worth pursuing. I do not think you can recover for being laid off or having difficulty finding a job.
Answer Applies to: South Carolina
Replied: 12/8/2011
Bulman Law Associates PLLC Injury Law Firm
Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
Sounds like something else is retarding your return to work. Maybe your old boss is blackballing you as a reference. Leave him off the list and keep trying. With Obama, your should have unemployment coverage for years. If he is beaten, a republican president will put you back to work. Vote republican if you want a job.
Answer Applies to: Montana
Replied: 12/8/2011
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
Don't understand the question. If you are not at fault, what is the issue ? If prospective employers see you were involved in an accident (altho not at fault) you are saying they refuse to hire you because of that? And you then want to sue the other driver because of your employment or lack of it? sue the other driver for the small neck pain but as far as the other is concerned first of all how do you [prove it? and if you can prove it don't think a court would consider that as damages.
Answer Applies to: North Carolina
Replied: 12/8/2011
Goodman & Goodman PA | Bruce Elliott Goodman
Assuming that the other driver was at fault as you stated, you would have a cause of action for your minimal injury. However, the layoff would not be considered as damages in this case as your layoff was not the result of the other driver's negligence.
Answer Applies to: Maryland
Replied: 12/8/2011
Dunnings Law Firm
Dunnings Law Firm | Steven Dunnings
No and if you were not at fault, what evidence do you have that you are not being hired due to the accident.
Answer Applies to: Michigan
Replied: 12/8/2011
Bernard Huff, Attorney/Mediator
Bernard Huff, Attorney/Mediator | Bernard Huff
You should at least consult with a plaintiff's accident or personal injury attorney to see if you are entitled to any compensation even though you did not seek any medical treatment for your pain, discomfort and other inconveniences.
Answer Applies to: Indiana
Replied: 12/8/2011
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    No, the damages you have suffered are "remote and consequential". Only immediate damages are considered.
    Answer Applies to: New York
    Replied: 12/8/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    In Florida, before you can collect for non-economic damages, you must meet a no-fault threshold, which is death, significant and permanent scarring, a permanent injury within a reasonable degree of medical probability or a permanent impairment of an important bodily function. Since it doesn't seem as though you'll meet any of those thresholds, the only damages you can collect are economic. If your boss will testify the reason you were fired was because of your involvement in the accident (which doesn't make sense if you weren't at fault) then you can always try to collect from the other driver's insurance for your economic damages......but I wouldn't bet on getting anything.
    Answer Applies to: Florida
    Replied: 12/8/2011
    The Margolis Firm
    The Margolis Firm | Charles J. Candiano
    Not enough information. You infer that you were laid-off and have been unable to secure work as a result of an accident which was not your fault. If this is true, you can recover for the actual damages of your wage loss. Unless you have been off work for months, it will be hard to find an attorney willing to take such a small case. Remember, to be entitled to any recovery, you MUST maintain records of a diligent job search. You should also be eligible for unemployment benefits. That may turn on whether the accident was avoidable, a higher standard. Good luck.
    Answer Applies to: Illinois
    Replied: 12/8/2011
    Counard & Heilmann Law Office | Michael Heilmann
    No. MI requires a serious impairment of bodily function in order to bring a suit. Good luck.
    Answer Applies to: Michigan
    Replied: 12/8/2011
    Cary J. Wintroub & Associates
    Cary J. Wintroub & Associates | Cary J. Wintroub
    Without proof of injuries you will not be able to make a successful personal injury claim. Possibly an insurance company would offer you a minor settlement for a release. Similarly if you have injuries you could make a workers compensation claim.
    Answer Applies to: Illinois
    Replied: 12/8/2011
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    Answer: Well no. In every personal injury action, which the law calls a "tort" you need four things before you are allowed to sue and to proceed. 1. A duty. 2. A breach of the duty. 3. Damages. 4. Your damages need to be proximately caused by the negligence of the "tortfeasor" the wrongdoer. In your case you are simply missing 3 and 4. You have no damages and therefore no damages were proximately caused by the wrongdoer.
    Answer Applies to: Iowa
    Replied: 12/8/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    Yes, you could sue him for your damages incurred in the accident.
    Answer Applies to: Virginia
    Replied: 12/8/2011
    Law Offices of Kenneth Wincorn P.C.
    Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
    You may if you can quantify the losses you suffered. It will be difficult and possibly expensive.
    Answer Applies to: Texas
    Replied: 12/8/2011
    Law Office of Joshua Pond | Joshua Pond
    You absolutely have a right to legal recourse. The issue is damages, not injury. If there were damages done to you by another person's negligence, be they injuries or damage to vehicles or lost wages or any number of other things, you deserve to have that financial wrong made right. Give us a call today and we can chat more about the details of your situation and about what may be your best options.
    Answer Applies to: Oregon
    Replied: 12/8/2011
    The Olawale Law Firm | Emmanuel Olawale
    You may recover damages from the other driver to the extent of your injuries. Your medical bills and pain and suffering. As per the loss of your job, if the injury or accident was the reason you lost your job, you may be able to recover your lost wages.
    Answer Applies to: Ohio
    Replied: 12/8/2011
    Law Office of William L Spern | William Spern
    An accident that was not your fault. You should get a copy of the police report and give copies to any future employers.
    Answer Applies to: Michigan
    Replied: 12/7/2011
    Carter Boyle LLC | Nelson Boyle
    possibly, but it might be hard to find an attorney to take the case. Most attorneys handling car crashes work on a contingency basis, they get paid if you get paid. That means they don't usually get involved in cases in which the other person would not be insured. However, you do have injury to reputation, etc. and if they had auto insurance you might have a claim. I don't handle employment cases but there's a possibility you might have a case against your employer too.
    Answer Applies to: Colorado
    Replied: 12/7/2011
    Paris Blank LLP
    Paris Blank LLP | Irving M Blank
    Not unless you can prove that he is the reason that you got laid off and cannot get a job, which will be very hard to prove.
    Answer Applies to: Virginia
    Replied: 12/7/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    You may sue him and you may do so in small claims court as you indicate just some soft tissue injuries. It would not be much of a recovery. But you cannot recover for the present and potential future lost wages.
    Answer Applies to: California
    Replied: 12/7/2011
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