Legal Question in Personal Injury in Texas

Vehicle is totaled by reckless driver

Hi, this is what happened on April 22, 1999. Driver one was stopped on yield sign waiting to cross main highway to her property. Driver one had two children and one baby with her in her minivan. As she attempts to cross highway she is struck by oncoming speeding truck.DPS voiced that truck must had been speeding at about 95mph. Truck driver does not suffer any injury and has insurance. Driver one whom was hit on passenger side suffered minor injuries but the baby was tossed from baby seat that came apart at the bottom where the seatbelt is supposed to hold it firmly. Another of the passengers suffered deep wound to right cheek and is going to need plastic surgery. Another passenger suffered broken rib and and punctured lung. Drivers' one minivan was totaled and had no insurance and was cited for failure to yield. No citation for speeding driver at all. He just walked away. Question: What can be done for the children,granted driver one has no case because of no insurance and failture to yield.


Asked on 5/28/99, 10:58 am

1 Answer from Attorneys
David Austin Burke & Eisner, P.A.

Re: Vehicle is totaled by reckless driver

With injuries this serious, you should consult a lawyer. It sounds like you may have a claim against the other driver if he was going 95mph. Act soon to protect evidence so you can prove the other driver was traveling that speed.

Feel free to contact me with a question or if you want some help finding a lawyer.

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Answered on 6/02/99, 9:06 am


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