You don't have a case. Your injury was the result of you falling, not of being hit by the Uhaul.
Anthony L. Bonner, Jr. (Associate) born Oklahoma City, OK, February 19, 1981; Admitted to bar, 2007, Oklahoma, U.S. District Court, Eastern, Northern, and Western Districts of Oklahoma Education: University of Oklahoma (B.A., 2003; J.D., 2006). Member: Oklahoma County, Oklahoma and American Bar Associations; Legal Aid Services of Oklahoma,Inc.; Oklahoma Association of Black Lawyers. Practice Areas: Insurance Subrogation; Insurance Defense; Products Liability; Personal Injury Email: [email protected]
I gotta say, if I was on the jury on this case in court, you wouldn't win. I'd imagine the alcohol had more to do with you hitting your head than the Uhaul driver.
He was doing nothing illegal or wrong. He would not have been injured if it wasn't for the U-Haul driver's error. Who is to say he would not have been injured if he hadn't been drinking....
Reasonable doubt in my mind. Was climbing out the window a better decision than climbing over the center console and out the driver door? Would he have been better able to make that decision sober? I don't see fault here on the uhaul driver.
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