Legal Question in Personal Injury in Texas

auto accident-3 parties involved

My boyfriend was on his motorcycle when he ran into the back of a truck. No one was hurt at this time. It was on Monday morning on I35 right at the time of morning rush hour traffic. As he was trying to get off the highway, a lady in a suburban ran over him. She claims all she seen were brakelights. On the accident report she was not given a ticket however, the officer did find that her failure to control her speed may have been a factor in my boyfriend being ran over. He was careflighted and spent a week in the hospital. My question is can she be held liable for anything or is there anything we can do? Thank you!


Asked on 2/18/04, 1:24 pm

6 Answers from Attorneys

Fred Dietrich Frederick T. Dietrich, PLLC

Re: auto accident-3 parties involved

You and your boyfriend should go as soon as possible to see an attorney about representing you. Time is always important, so do not delay.

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Answered on 2/18/04, 1:50 pm

Re: auto accident-3 parties involved

Yes, this is plenty you can do. If the driver of the other car was negligent, then you can sue her (or her insurance) for a portion of the liability (medical bills, lost wages, property damage). However, you will need to act quickly on that case.

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Answered on 2/18/04, 2:04 pm
Dan Street Street Law Firm

Re: auto accident-3 parties involved

In Texas, all such cases are based upon negligence. That is, if your boyfriend can prove the woman was negligent in running over him, he can collect damages. Texas also has "comparative negligence," meaning that she may also claim that your boyfriend was negligent. If she can prove that he was more than 50% the cause of the accident, he gets nothing. If, on the other hand, his negligence amounts to 50% or less of the whole, he can collect his damages, less the amount that his negligence bears to the whole. For instance, if he is found to be 25% negligent (and she is 75%)and his damages total $10,000.00, he would be awarded only $7,500.00 (total damages less the percentage his negligence bears to the whole). Obviously, these matters can become complicated, and getting what he is entitled to is best left to a skilled personal injury attorney.

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Answered on 2/18/04, 2:04 pm
Brandon Manus Manus Law Office

Re: auto accident-3 parties involved

He needs to talk to a personal injury attorney as soon as possible. Don't give a recorded statement to the insurance company until you do. The insurance company will try to use that tape to limit their liability. Most (if not all) PI attorneys have a free consultation and can explain what they will do for you. Find one you like, and hire him or her. Their fee comes from the recovery.

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Answered on 2/18/04, 2:17 pm
Joe Gregory Gregory & Gregory

Re: auto accident-3 parties involved

Yes, the lady can be held responsible if she is found to be more responsible percentage wise for the accident that your boyfriend. For instance, if she is found to be 90% responsible and your boyfriend only 10%, then he can recover 90% of his damages for pain and suffering, mental anguish, medical expense and lost income.

Your boyfriend should make sure and notify his own insurance company about the accident. If he has a personal injury protection (PIP)endorsement on his policy, he can recover 100% of his medical expense and 80& of his income losses under his PIP policy.

A possibility also exists to attribute a part of the fault to the driver of the vehicle that your boyfriend ran into. It may be difficult but it is still possible.

I would strongly suggest that you contact an attorney who practices personal injury law as soon as possible.

Joe D. Gregory

Gregory & Gregory

Grapevine, Texas

(817) 481-6504

[email protected]

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Answered on 2/18/04, 3:06 pm

Re: auto accident-3 parties involved

Is he still being treated or indergoing physical therapy? Your attorney may be able to write a letter of protection so that his physicians will render medical services and forbear collection for services rendered in treating his injuries.

I do agree with my colleagues you should act promptly in speaking with an attorney. Do you know of one in your area? If not, any of us can always recommend someone in your area.

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Answered on 2/19/04, 7:54 am


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