Legal Question in Personal Injury in Texas

Personal Injury or Gross Negligence

Dec. 2003 wife involved in single car rollover. Within minutes of the accident, photos were taken of the sceen. A gas station had a diesel leak and fuel ran into the highway. After review of photos, the gas station attendent took the time to spread out kitty litter around pump area and put an out of order sign on the pump. Not calling the fire department or at least putting a cone out. They just went in checking customers out. Due to the accident my wife suffers from sever back pains. Our attorney from day one has not given us the time of day or done anything except get our medical bills. He feels this case is no different than any other car accident. I feel this is not an accident, when the attendent willfully disregarded the fuel running into the road, this now has turned into gross negligence. Our attorney says we should only expect three times the medical. If I get a speeding ticket going 55 in a 50mph area my fine is one thing, but the fine is greater if Im doing 85 in a 50mph. Is our legal system different in all areas with different fines and punishment except for our case. No matter what happened? Sould this case be handled just like any auto accident? Please help, not sure what to do.


Asked on 7/16/04, 6:30 pm

1 Answer from Attorneys
William Featherston Grissom, Richards & Featherston

Re: Personal Injury or Gross Negligence

since you are represented by counsel, it would not be appropriate for me to comment on the details of your case or the representation you are receiving. what i can tell you is that if a driver of an automobile or a service station attendant fails to exercise ordinary care the law may consider that person to be negligent. the same standard would generally apply to the attendant as well as a driver of an auto. whether the inaction of someone rises to the level of gross negligence would have to be determined by the facts of each case and the knowledge or awareness of the danger possessed by the at fault party.

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Answered on 7/19/04, 12:27 pm


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