Legal Question in Personal Injury in Texas

Re: Car accident

You need to speak to a Texas attorney, but most likely there will be no liability since she was not driving.

Re: Car accident

You need to speak to a lawyer qualified in injury claims and insurance claims. She may have a claim against the driver's insurance..possibly her own...for herself, her brother...and the insurer will take care of defending claims..don't worry....But a negligent driver may have insurance on his own car which could help...BUT call if you want referral to an attorney in your area

Re: Car accident

I'm terribly sorry to learn about the death. As for the sister, if she wasn't driving and didn't cause the accident, then they can't go after her. She should, however, consult with an attorney, as she has a case against the driver. Most personal injury attorneys (myself included) will be happy to visit with her in person, or by phone/email for free. I suggest she contacts a few attorneys and finds one with which she feels comfortable.

Re: Car accident

In Texas, any claims must be made against individuals, not their insurance company. In other words, you cannot sue the other party's insurance company; you must sue the individual and then the insurance company provides a defense and "pays the tab." That is probably why some people are talking about suing your friend. Because it was your friend's car, the insurance on her car is "primary" and must be exhausted before the driver's insurance kicks in. In this situation, someone might sue the driver for his negligence, but your friend's insurance company would be the one to pay on the claim first. The only way to successfully sue your friend would be if she were negligent in some way (for instance, if she "negligently entrusted" her car to a known negligent driver). The major claim in this case is obviously that of the family of the deceased against the driver. The sister's insurance would pay on this claim first and then the driver's policy would pay.

Re: Car accident

I see that other lawyers have responded quicker than me, and have probably answered all your questions.

In a situation like this claims are normally made against both the driver and the owner of the vehicle, because the owner's insurance does become available for the payment of claims.

Also, the owner of the car could be held liable if she let someone drive her car when she knew they shouldn't be driving (drunk, unlicensed, etc.). There is a slim possibility of the passenger/owner being held partially liable if she saw the driver behaving irresponsibly (talking on a cell phone), and did nothing to stop that activity.

Good luck to you. Please consult with an experienced lawyer for a more complete description of your rights and responsibilities.