re: You think this truck is totalled?

I would have immediately whooped everyone's arse on scene the minute I was informed he was high on oxy

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Hair sample from the other driver?

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No real avenue to get that unless suit filed immediately or the negligent driver is charged with a DUI-other. Besides, hair follicle wouldn't tell you much in the way of intoxication at the time of the accident, it would probably only give you general usage, which may be useless if the guy has a prescription for oxy.

You would need a blood test or urinalysis for an accident like this, and you won't get either without the DUI charge and/or a warrant, and the time for that has now probably passed, as the longer you wait after an accident, the lower the amount of the drug is in the system and the harder it will be for an expert to reverse extrapolate the level of drugs in the system at the time of the accident.

I would go find the witnesses he spoke with after the accident and get some statements as to what he said and how he acted ASAP.

Anyway, to the OP-go hire a good attorney NOW, because besides evidentiary issues, you are going to run up against some issues related to insurance and medical bill payment that are going to be instrumental in preserving your son's case, should he need to file one.

Edit: as pointed out below, if the driver of the van went to the hospital, the ambulance records and hospital records will probably show blood drawn and a test of the blood which may show opioid level, allowing a reverse extrapolation even if the driver wasn't charged with a crime. Also, many companies have post-accident alcohol and blood testing policies, and that will give evidence, as well... unless the company lies, alters or destroys it... which, again, is another reason to hire a good lawyer.

Hit send too soon, see below

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You've got to think that if he told the ambulance driver/attendant then the cops were told also. If not that is a catastrophe

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Yeah-factoring that in, also, if the driver of the van went to the hospital, they ran a blood test and presumably opioids would show and the level, which would allow a good reverse extrapolation. Will edit post above.

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It would blow my mind if it wasn't totaled. The body damage alone is massive, and one can only assume the worst for a lot of the mechanical parts after seeing the seat pic

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The seat picture was actually from the van that hit him.

I appreciate all the well wishes for my son. Every day he is getting a little more sore. But I am sure he will be fine.

The truck is at the dealer where I bought it now so I should know something tomorrow about the condition of it. Have not heard from the other guys insurance.

Had a similar accident happen to me in may of 2011. Sitting at a red light on college drive I was rear ended in my 2010 crew cab z71 which I had bought in august of 2010. My truck looked a lot like this including pushing the bed into the cab, frame bent, etc. when the bed pushed forward it broke the fuel pump, and my hitch was scraping the ground from being bent. The driver who hit me was a owner of one of the GMC dealerships and he admitted he was emailing and never checked up hit me going about 35mph. He was driving a dealer vehicle and the fleet insurance was horrendous. All in all ended up with about 19k worth of damage and they wouldn't total my truck. Like others have said I battled neck pain for months. My biggest regret is I didn't hire a lawyer and settled for the repairs and 6400 dollars in deminshed value. I did drive it for 6 more years after that and never had any issues from the wreck.

I'm a commercial insurance underwriter. I don't work claims, but I read claims files as necessary.

1. Glad your son is alright

2. Damn, I wish I would've had a truck like that when I was 17! My truck NOW isn't that nice.

3. A company driver who has even HAD a DUI in the last 5 years is an absolute nightmare for the insurance carrier and when I wrote auto I would either use a driver exclusion specifically for him, or refuse to write their policy unless they got him a separate policy or fired him. That shite is discoverable and destroys you in court. MUCH LESS a guy who admits he is on Oxies. Jeez... the companies I have worked for would be crawling over broken glass to settle seeing as your son has a documented broken nose (which makes neck injuries easily, easily claimed and probably REAL), AND the dude has a recent DUI, AND was talking Oxies. If you demand it and threaten a lawyer they will at LEAST buy you a new truck, and if they don't, as an insider, I recommend 100% get a lawyer and THEN they will suddenly offer at least $50,000.

Looks like a commercial policy on the van. Truck is totaled and the policy will be more than enough to cover it.

If no one has said it yet. Get an attorney and get a few MRIs of this neck and back.

A hit like that can leave some lasting lroblems. Even if not visible now.

First-I'm glad, and I know you're relieved that your kid is ok. Literally nothing more important.

I believe everyone on here is right-this is a justified 'sue-the-pants-off' of these folks. Its not always about getting the opportune big bucks, its to make sure they remember that they better not ever make that mistake again. Next time could be someone else's kid that doesn't fare so well.

Also, could you make one of your requests in this lawsuit that we find another name for that section of vertebrae other than cervical?