Legal Question in Personal Injury in Texas

Uninsured drunk driver/revoked probation

I was seriously injured in a drunk driving accident while travelling in Texas, 5/01. The drunk driver was uninsured. I contacted several attorneys who concluded that a civil suit was a waste of time and I should try to obtain my my uninsured benefits on my car insurance policy. The driver pled guilty of intoxicated assault and was sentenced to 10 years of probation, including SAFEP and restitution. It has been 2 years since his sentencing and I just learned that he had his probation revoked and will now be serving 4 years in jail. Upon completion of this time, he will be free and will no longer have to pay restitution. I believe that the statute of limitation is 2 years for filing a suit in order to receive any recovery. However, in light of the fact that his ability to pay restituion has been eliminated, do I have any recourse? Has the statute indeed run? Since I was to recover from his restitution payments which were assigned during sentencing, does this new twist open up any alternatives? Is there anything I can do?


Asked on 7/28/04, 9:20 pm

1 Answer from Attorneys
William Featherston Grissom, Richards & Featherston

Re: Uninsured drunk driver/revoked probation

it appears that the statute of limitations against this person has run and therefore you are now barred from filing a legal action against him. the restitution order relates only to the criminal charges and does not "toll" or delay the statute of limitations. it may be possible to delay the running of the statute of limitations if the wrong doer is "absent from the state". if by chance this guy was serving time in a prison outside of texas, you may be able to still file a lawsuit. however, i doubt this is the case and am sorry to report that i believe the statute will prohibit any further civil action against him.

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Answered on 7/29/04, 11:58 am


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