Ask a PI Lawyer
I was involved in a car accident pulling out of the driveway of my apartment building – was hit by a pickup truck and wound up in the hospital
submitted by Braden R.
Hi: I was involved in a car accident pulling out of the driveway of my apartment building – was hit by a pickup truck and wound up in the hospital. I tried to look for oncoming traffic but the building’s garbage dumpster blocked my view. Can I sue the pickup driver? He was speeding, and I was rushed to the ER for surgery.
The Injury Legal Team’s answer:
The short answer is yes, you may sue the pick-up driver. The other question is whether you would prevail in such a suit. It depends, and we would need to know more facts.
When you are pulling out of a drive way and entering a roadway, you have the burden to make sure it is clear to do so and yield to traffic already on the roadway. Having said that, if the pick-up driver is speeding and the speeding made it more difficult to see the truck and contributed to the cause, then the pick up truck driver could be held partially responsible.
Another factor could be the placement of the garbage dumpster. The building owners or mangers could be responsible as well for placing the dumpster in a place that they knew, or should have known, blocked the view of drivers.
IMPORTANT: This answer and all others on this site are for informational purposes only. None of the information or materials provided are legal advice. None of these answers should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While we try to give the best answers possible, we are responding to brief questions and there could be many factors not provided that could alter an answer if they were known. Further, while we try to be accurate in responding to a specific question, we do not guarantee accuracy.