Legal Question in Personal Injury in Texas

My 16 yr old daughter rear-ended a car after school with another 16 year old driver. He slammed on his brakes to avoid hitting the car in front of him and so did she. She popped the rear end of his damage to her car; we paid cash for the damage to his. One month later, we found out there was a passenger in the front seat of his car who says she is injured. She was not wearing a seat belt and hit her head on the dashboard when the accident happened. In Texas, does the passenger (16 yr old) not wearing a seat belt lessen my daughter's liability for the medical bills?

Asked on 1/09/13, 6:12 am

2 Answers from Attorneys

Roger Merrill Merrill & Associates

The passenger will be found partially responsible for her own injuries. The driver of the car the passenger was riding in may also have some responsibility. Also, if the car in front of him braked suddenly or too suddenly, its driver may have some responsibility. Your daughter is not 100% responsible.

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Answered on 1/09/13, 7:02 am
Donald McLeaish McLeaish&Associates;, P.C.

this is a problem for your insurance assured they will not pay a meritless claim...and there is no deductible which you would turn over to your insurance to be covered..

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Answered on 1/09/13, 7:08 am

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