Legal Question in Personal Injury in Texas
My son in law was visiting Texas from Pa. and was a passenger on an atv driven by his best friend, a Texas resident. The vehicle overturned. My son in law was seriously injured and his best friend ,the driver, was killed. The atv belonged to the best friend's in laws. My son in law is sustaining a lot of medical expenses relating to his surgery, therapy, etc. not to mention the possibility of a permanent handicap which would prevent him from being able to return to his job. He will not sue his friend's estate as that would harm the man's family. As far as we know, the atv was not insured (Is that legal in texas?), and the accident occurred either on a right of way or on a pathway that was not on the in laws property. Whose insurance, if any, could be liable for my son in laws expenses. He is not interested in a lot of money, just reimbursement for his expenses as he has had to go into debt as a result of the accident and he may be in therapy for another year.
2 Answers from Attorneys
I'm very sorry to hear about this. Your situation requires experienced counsel--fast. I would recommend your speaking with an injury lawyer or two about this case asap.
In the mean time, I have a few questions:
where did the accident occur?
When did it occur?
How old was the driver?
How old is your child?
Feel free to call me to discuss your matter. There may be a few different avenues of recovery, but this kind of case is fact specific.
The answer to your question is complicated and would take more space than is allowed here to answer. I handled a case identical to this one a few years ago and I can tell you that there are some very complex legal issues involved in your son-in-law's case. I certainly understand the sentiment of not wanting to sue the estate of his deceased friend, but he probably does not understand that Texas does not allow direct-suit against insurance companies. A claim must be made against the "negligent" party, not their insurance company. However, if suit has to be filed because the case does not settle, the insurance company would provide a lawyer to defend the estate against the claim, and any judgment against the estate would be paid by the insurance company (up to its policy limits), so your son-in-law would not be "harming the man's family" by filing suit. (If his claim is handled properly by a competent attorney, it might be possible to settle the claim without having to file suit.) The challenge here is going to be establishing his right to collect under an insurance policy (either an automobile or homeowner's policy) because the definitions and exclusions in both policies tend to eliminate an "ATV" as a covered vehicle. Also, the location where the accident occurred (private property as opposed to a road designed for vehicular traffic) plays a role in whether insurance has to pay. (You can be assured of one, immutable fact: both insurance companies will be doing their dead-level best to find a way to deny his claim.) In short, he needs an attorney, and not just any attorney. He should hire a competent personal injury lawyer with years of experience. Have him give me a call if he'd like to discuss his options.
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