Texas | Insurance Law
Legal Question
car accident, personal injury, uninsured motorist
My 4 year old son and I were recently in a car accident where we were both injured. Me: soreness and bruising. He: soreness, bruising, lacerations to the face and head requiring stitches. We both suffer from anxiety and panic attacks now. The man that hit us was given three citations at the scene: reckless driving, illegal driving on shoulder and failure to change address on license. He presented false insurance information and is not insured. I have reported no insurance to investigating officer and hope to have an additional citation issued for this. He was on duty as a pizza delivery driver for Pizza Hut at the time of accident. We live in Texas. Do we have any legal recourse options?
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Legal Answer
Re: car accident, personal injury, uninsured motorist
All pizza restaurants now classify their drivers as "independent contractors" to try to get around what is called "respondeat superior," which is the legal principle that holds employers liable for the negligence of their employees. However, in many cases this distinction can be overcome and the employer held liable. Please give me a call at your convenience.
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Street Law Firm 13101 Preston Road, Suite 600 Dallas, TX 75240-5232
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Legal Answer
Re: car accident, personal injury, uninsured motorist
You shold be able to get a lawyer to help you on this case. Start calling around.
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Law Office of James P. Grissom 3507 West Alberta Rd. Edinburg,, TX 78539
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Legal Answer
Re: car accident, personal injury, uninsured motorist
Yes, you have several options, all of which are fact specific. You will need legal counsel to determine which options are available to you. Because most personal injury lawyers will meet with you initially for free, I suggest you take advantage of this and call a few.
To answer your question, some options are to see if there are other policies and coverages that can kick in. If not, then you can see about having the other driver's license suspended until s/he pays for your damages.
Feel free to call me if you wish to discuss this further.
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David L. Leon, P.C. 3500 Oak Lawn Ave., Ste. 205 Dallas, TX 75219
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