He had no choice if he wanted to get outta the car, the uhaul driver took his choice away.
He coulda chose to land on his feet, not his head.
*Crickets*
He coulda chose to land on his feet, not his head.
*Crickets*
LOL ... that one's too easy ... if that was his only way out ... well, then, he was forced to commit an act that could have caused him great bodily harm through the negligence of the UHaul driver ...
Was the car on fire? Why use a window when a door is a few feet away?
LOL...
Was the car on fire? Why use a window when a door is a few feet away?
In order to answer those questions I would have to see pics of the accident scene, the car and read statements given by the individuals involve, as well as peruse the police reports ... if I am lucky I would be able to get ahold of the wrecker driver(s) if any and the ambulance personnel and even the personnel at the ER ... Oh, and any witnesses ... It goes on and on and on ...
OK, fun and games aside, these things are very subjective. And an attorney's job is to interpret and present the facts in the best possible light for his client. You would be surprised at just how few facts are generally in question in something like this. The list of stipulations is usually 20 pages long.
And the insurance company has a whole bunch of attorneys working for them. It would behoove anyone who has been injured in an accident, regardless of the severity of the accident or facts thereof, to hire an attorney. Insurance companies are in the business of wearing you down.
Hey!! Give me a second will ya ... I just got to the party!!
The answer to that question would depend on who's side I am working for.
Seriously ... 
We can make it swing either way ...
Danggit guys ... I'd love to play what if some more but the dinger is going off and I gotta get the brownies outta the oven. The brittle is gonna require a bit more attention to detail so I am gonna have to bow out ...
Ya'll have fun ...
Ya'll have fun ...
But if we were not hit by the U-haul, I would not have fallen out of the window
I was not drunk, I had a few beers, and had a designated driver. OHP came out to the accident and talked to me for a little but, he couldn't even tell that I had been drinking.
Exactly! When we got hit, the U-haul lifted the passanger side of the car off the ground, and then the car slammed back to the ground, it was kinda scary so I was trying to get out of the car as soon as possible.
When we got hit, we were just getting off the interstate so we were still in the exit ramp, when we got hit it disabled the car. So we were stuck in the exit ramp at I-240 and May only about 30 ft. from the interstate. I was in fear that we might get hit from behind, I am a big guy and I did not see me getting over the center console in a little pontiac very fast, so I went for the quickest exit possible, the window
What are your damages?
I mean - any idea aside from the cost of the ER visit as to what you are owed? How were you injured (I see concussion noted)? What treatment was required? What is the cost of this? Are any fine motor or gross motors skills or memory or reasoning/comprehension compromised by the injury? If so, will you regain them?
All of these are questions that are relevant to the settlement, if you are afforded any by the other company. If they offer any settlement, I am sure they will advise you are partially negligent due to 1) being intoxicated and 2) climbing out of a window rather than out of another door.
I am an adjuster, and assuming you simply had an ER visit and concussion that did not require ongoing treatment, I probably would (in this order)
1) Deny your claim as you are negligent for climbing out of a window while under the influence of alcohol and slamming you head on a hard surface.
2) Offer you a paltry sum as appeasement if you pressed the issue (I am talking like, the cost of the ER visit and maybe a couple hundred bucks more for general damages).
3) Let this go to court if you pressed the issue further, as your claim that the driver of the U Haul was the tortfeasor and proximate cause of your closed head injury is pretty weak. As you were drinking, a jury in OK likely would not have much sympathy for the situation.
Then again, YMMV
I mean - any idea aside from the cost of the ER visit as to what you are owed? How were you injured (I see concussion noted)? What treatment was required? What is the cost of this? Are any fine motor or gross motors skills or memory or reasoning/comprehension compromised by the injury? If so, will you regain them?
All of these are questions that are relevant to the settlement, if you are afforded any by the other company. If they offer any settlement, I am sure they will advise you are partially negligent due to 1) being intoxicated and 2) climbing out of a window rather than out of another door.
I am an adjuster, and assuming you simply had an ER visit and concussion that did not require ongoing treatment, I probably would (in this order)
1) Deny your claim as you are negligent for climbing out of a window while under the influence of alcohol and slamming you head on a hard surface.
2) Offer you a paltry sum as appeasement if you pressed the issue (I am talking like, the cost of the ER visit and maybe a couple hundred bucks more for general damages).
3) Let this go to court if you pressed the issue further, as your claim that the driver of the U Haul was the tortfeasor and proximate cause of your closed head injury is pretty weak. As you were drinking, a jury in OK likely would not have much sympathy for the situation.
Then again, YMMV
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