Legal Question in Personal Injury in Texas
Judge Mathis,
What are my rights in the state of Texas? I'm a Georgia resident working on an assignment in Austin, Texas. A company's freight delivery driver for a trucking company hit my car wihile it was park. Witness stated the driver ran to stop the truck as it rolled through the parking lot and hit my car. I want to know if I can sue the company for the employee negiligence and lost work time. I have contacted my insurance company to have my vehicle repaired. Please tell me if I could file a lawsuit against the company.
2 Answers from Attorneys
You have a cause of action against the driver for negligence. I suggest consulting your insurance company before filing suit as whatever you received from your insurance company would reduce your damages. Generally lost wages are payable in damages in a personal injury case. Here, it sounds like you were not hurt so I am not sure that you could get lost wages.
you can only recover property damage in a lawsuit..not lost wages..so let your insurer take care of it with the company's insurer...you would waste time and money..no lawyer would take on a contingency..