My husband was in a car accident 2.5 years ago. The other driver, at fault, was driving a DHL delivery van. Van was owned by Enterprise rental. Now filing suit and can't find driver. Can we sue DHL - our attorney is too laid back and was a poor choice for this case and now we are stuck with him?
Answer
If the at fault driver was using the truck for DHL business at the time you can certainly sue them, since he would be considered their agent. By now your attorney should have opened a dialogue with the insurance carrier for DHL, which may well provide coverage for both them and the driver. If liability is uncontested, and your husband's injuries and damages are well documented and clearly causally related to the accident, his claim should be settled if your attorney pursues negotiations diligently. You are certainly not "stuck" with the attorney if you lack confidence in him, but he may be entitled to be paid for his time if you change attorneys. Also, be aware that if the accident happened in MD you must file suit within 3 years from the accident date. If it took place elsewhere, the time could be shorter, such as 2 years in VA.
Answer
You need to obtain a second opinion as to whether your present attorney knows what he or she is doing. Even though I am in Prince George's County I have handled other cases in Caroline/Denton which is where your zip code says you are located...
Give me a call and "let's talk about it" as Stephen Miles Esq used to say.
Walter E Laake Jr.
301-220-2200
www.walterlaake.com
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