Legal Question in Personal Injury in Texas

This is a common tactic of the insurance company. The fact that they're trying to say your son is negligent versus a driver literally asleep at the wheel is one of the more disturbing arguments that I've heard. The insurance company is taking advantage of your son because he's not represented. I suggest your son speak with an attorney immediately, as there may be other rights he hasn't thought of pursuing. Most injury attorneys (myself included) will evaluate your case for free, and most (if not all) don't charge you a thing unless they collect. Time isn't on your side, though. Feel free to call me if you want to discuss it further.

Dave

Please see my disclaimer:

http://leonlaw.com/askalawyer/disclaimer

It used to be "inadmissible evidence" in Texas as to whether you were wearing a seatbelt at the time of an accident. But, the Republicans have scored just one more in a long line of victories at the state legislature recently and it now IS admissible evidence that can be used against your son. Juries in Texas are pretty cold-hearted (particularly the ones in N. Texas) and tend to blame everybody but the person who was truly at fault. That's why the insurance company is doing this to your son. All of the "tort reform" propaganda perpetrated by George Bush, Rick Perry, and other right-wingers (who don't really care about "reforming" anything except increasing the profits of insurance companies and big business) has, unfortunately, poisoned most people in Texas into believing that all lawsuits are bad (and probably frivilous) and that the victim of the accident is really the one who should be blamed for increasing everyone's insurance rates. (The greed of the insurance companies seems to not even be considered as a possibility, and all-too-frequently the negligence of the person causing the accident in the first place goes completely unpunished.)

I do agree with my colleague, however, that your son's only hope is to hire a skilled personal injury lawyer and let him fight this out for him. It's really the only way the "little guy" has any chance of winning when up against these corrupt insurance carriers.