Fort Worth, TX asked in Car Accidents for Texas

Q: The woman who hit my car claimed the only reason she swerved into me was because a coffee she'd ordered from a fast food

place spilled and scalded her. She says I need to sue the restaurant, not her. Is this true?

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3 Lawyer Answers

Donivan Flowers

Answered
  • Personal Injury Lawyer
  • Tyler, TX
  • Licensed in Texas

A: She was driving the car. She was the person responsible for the safe operation of her vehicle. She was the person responsible for the safe handling of hot coffee. If she can't drink coffee and drive safely, she should not try. So, no. I would not agree with the woman that hit you.

Steven Pate Harrelson

Answered
  • Personal Injury Lawyer
  • Little Rock, AR
  • Licensed in Texas

A: No, she would still be negligent. She is the proper Defendant.

Anwar Sadat Montgomery

Answered
  • Personal Injury Lawyer
  • Dallas, TX
  • Licensed in Texas

A: No. Your claim is against the negligent driver. McDonald's owed no duty to you. SHE may have a separate claim of her own against McDonald's, but that doesn't concern you as they were not party to the accident.

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