I was involved in an accident, it was around 4 pm rainy day and roads were wet. It was a two lane road, hwy 37 in or near a construction area, the car in front of me was moving slow almost stopped, still not real sure why, but as I came up I slam on my breaks and then here comes a huge truck going way too fast and he smashed into my trunk, my body flew forward, head hit steering wheel and knocked me out. I come to with the guy that hit me saying I'm sorry I just couldn't stop. I was just in shock, really cant remember anything clearly it all happened so fast. So officers/fire respond Im having a panic attack. To sum up everyone answers questions and long story short one cop thought I was drunk or on drugs, I was not, I do have an anxiety disorder. So he arrested me for DUI
You should immediately consult with an experienced personal injury attorney, and he or she can help you find a competent traffic lawyer to represent you in your DUI charges. Both your description of how the accident occurred, your having lost consciousness and the police officers' interpretation of your condition suggest that you have several potentially serious issues to contend with, and you absolutely should not be dealing with any of them yourself and without advice and assistance of a good, competent attorney. The fact that you lost consciousness alone is suggestive that you may have suffered at least a minor, but maybe even a significant brain injury. You , your doctors and your attorney need to be watchful for any and all signs of brain and other injuries...altered levels of consciousness, balance issues, difficulty concentrating, coordination issues, and more. You need to be carefully evaluated by at least a neurologist. Signs of numbness, tingling, radiating pain, electrical or strange sensations, bowel and bladder issues may suggest spinal cord or nerve injuries...and a competent personal injury attorney should be able to help you make sure that you obtain the appropriate medical care your condition calls for. The conditions as to how the accident occurred, and the fact that you were charged with DUI make it likely that any others who were involved in the accident may bring claims against you, and it 'a important that all petting evidence and witnesses be identified and preserved. Being charged with DUI is a serious matter on its own, and a conviction could cost you significant financial fines, the suspension or loss of your driver's license and can even affect your insurance and job! You need to consult with a good attorney immediately! Make sure that all of your rights and interests are properly protected. Do not discuss your case with anyone before you've had a chance to consult with your attorney. If you follow this advice, you will have all of your options available to you, and you'll be able to have them explained to you by someone who is looking out for your best interests.
It doesn't matter if it is a three vehicle accident or five or eight: the person who is at fault/responsible is the person who caused the accident. From the description you have provided that sounds like the driver of the huge truck who smashed into you and pushed you forward into the front vehicle.
To handle the DWI charge you need to do two important things to get that resolved: (1) don't talk to the police any more; and (2) promptly hire a reputable DWI attorney to help you get the case dismissed. There are some DWI attorneys who offer bargain basement prices, but you get what you pay for, so hire someone good.
To handle your car/accident personal injury matter, you need a good, experienced personal injury lawyer who will hear you out. Some may stop listening once you say you were charged with DWI, but the better ones should be willing to hear you out.
In addition to the excellent information provided by Mr. Lane, I would suggest that you refrain from any further discussion of your case online or anywhere else in public or in private except with your attorney. Rather than starting with the personal injury attorney I would suggest you consult with the DY attorney but either way, you need a lawyer immediately and you need to stop talking about your case to anyone but a lawyer. In addition to be excellent information provided by Mr. Lane, I would suggest that you refrain from any further discussion of your case online or anywhere else in public or in private except with your attorney. Rather than starting with the personal injury attorney I would suggest you consult with the DY attorney but either way, you need a lawyer immediately and you need to stop talking about your case to anyone but a lawyer.
First things first, make sure you are getting the necessary medical care. Head injuries can be very serious. You should hire counsel for the car crash and also for the DUI. It sounds like you have a legitimate defense and regardless of the crash you do not want a conviction. The crash needs immediate investigation, especially if there was construction. Pictures need to be taken before the construction is completed, barricades and signs removed andthe vehicles repaired or totaled and possibly destroyed. There are records that the trucking company must keep, but for only 6 months. letters of preservation need to be sent for those records and the black box. Talk to an attorney experienced in truck cases as soon as possible. Once the initial investigation is completed the attorney will be in a position to provide a knowledgeable opinion on fault. In the meantime, do not talk with the insurer for the truck driver.
tephen Laurence HoffmanPersonal Injury LawyerChicago, IL ·
Easy advice for you--GET A CRIMINAL DEFENSE ATTORNEY IMMEDIATELY AND STOP POSTING ANYTHING ONLINE!!!!!
Really, nothing more to do other than hire a lawyer and get offline. You may have a beatable DUI, but you need an experienced lawyer familiar with the science of DUI. I know several who are superb.
teven Adam SigmondPersonal Injury LawyerChicago, IL ·
To answer your question, the party causing the accident is responsible for all consequences and damages. In most cases, that is the party who hits something first, but in some cases, slamming on the brakes can be the cause. Sometimes fault needs to be decided in court based upon the facts of the particular accident, and that will probably be the case with you.
To an absolute certainty, you will need a personal injury lawyer for your injuries, and a criminal defense lawyer for the DUI. You may also be sued, and if you are turn the papers over to your insurance company right away.
Please call an experienced attorney for a private consultation right away.
I was a prosecutor for years. What you are describing is what we used to call a "Sandwich" accident. My practice was to analyze all the information. If the "sandwich" car had not made contact with the stopping car before the impact from the rear and I could not determine for certain that the sandwich car would have been unable to stop in time, I dismissed as against the sandwich driver. If your lawyer can show the DUI thing is just plain wrong, you are back just in the sandwich and most experienced prosecutors would dump that and let the insurance companies fight it out. For my part, I always hated doing the insurance companies' dirty work for them.
Your question does not state if you were treated for a head injury or any other injuries. You will want to get treated regardless if you are still experiencing pain or lingering effects. This treatment may help provide a defense to your DUI while ,also, providing proof for your personal injury claim. You have the right to make a claim for your injuries, regardless of the DUI, against the other driver. Both the DUI and the personal injury claim must be handled correctly though. You can probably find a firm that has attorneys experienced to take on both, which could be very convenient for you.
Priority--medical treatment and contacting a criminal defense attorney and a personal injury attorney asap. Your physical well-being is a the first priority, but take the information the answering attorneys have given and stop discussing the scenario online. Seek assistance from counsel immediately.
Sounds like it was your fault, or at least partly your fault, if you slam on the brakes because you weren't keeping a careful lookout. Stopping suddenly in front of a truck is a good way to get hit, since the heavier the truck is, the longer it takes for it to stop. If it was speeding, or the driver wasn't keeping a careful lookout either, you might each be partially at fault. You need to talk to a personal injury lawyer because being partly at fault in Illinois doesn't necessarily preclude you from recovering a portion of your damages. Then you need to talk to an experienced DUI lawyer. If you can't find anyone in your area, go to adjoining towns, of which there are several, or even go up to Belleville.
