Legal Question in Insurance Law in Texas

car accident, personal injury, uninsured motorist

My 4 year old son and I were recently in a car accident where we were both injured. Me: soreness and bruising. He: soreness, bruising, lacerations to the face and head requiring stitches. We both suffer from anxiety and panic attacks now. The man that hit us was given three citations at the scene: reckless driving, illegal driving on shoulder and failure to change address on license. He presented false insurance information and is not insured. I have reported no insurance to investigating officer and hope to have an additional citation issued for this. He was on duty as a pizza delivery driver for Pizza Hut at the time of accident. We live in Texas. Do we have any legal recourse options?


Asked on 10/14/07, 3:26 pm

3 Answers from Attorneys
Dan Street Street Law Firm

Re: car accident, personal injury, uninsured motorist

All pizza restaurants now classify their drivers as "independent contractors" to try to get around what is called "respondeat superior," which is the legal principle that holds employers liable for the negligence of their employees. However, in many cases this distinction can be overcome and the employer held liable. Please give me a call at your convenience.

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Answered on 10/14/07, 8:26 pm
James Grissom Law Office of James P. Grissom

Re: car accident, personal injury, uninsured motorist

You shold be able to get a lawyer to help you on this case. Start calling around.

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Answered on 10/14/07, 4:18 pm

Re: car accident, personal injury, uninsured motorist

Yes, you have several options, all of which are fact specific. You will need legal counsel to determine which options are available to you. Because most personal injury lawyers will meet with you initially for free, I suggest you take advantage of this and call a few.

To answer your question, some options are to see if there are other policies and coverages that can kick in. If not, then you can see about having the other driver's license suspended until s/he pays for your damages.

Feel free to call me if you wish to discuss this further.

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Answered on 10/14/07, 5:37 pm


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