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Texas Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents and Criminal Law for Texas on
Q: How long can cops hold your items as evidence after i got in a wreck they found a bag with 2000$ and two suboxone strips

If charged and not charged with a crime

Grant St Julian III
Grant St Julian III answered on May 18, 2020

Police can retain evidence until the statute of limitations has expired for a given offense (assuming criminal charges are not filed). This time frame varies depending on the offense, but the minimum time is 2 years from the date of the alleged incident. Calling a lawyer may help. Good luck.

2 Answers | Asked in Car Accidents, Personal Injury and Criminal Law for Texas on
Q: Is is it legal for an officer to use their vehicle to stop a motorcycle from fleeing?

A few years back there was a cop who slammed into my brother in order to keep him from getting away. My brother didnt file a lawsuit because he was afraid they would keep him incarcerated longer. But now he suffers from really bad headaches and was recently diagnosed with arthritis in his neck and... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on May 17, 2020

In Texas, it is lawful for police officers to use their vehicle to block an evading vehicle. In fact, sometimes they lay down “stop strips” in the road to pop the tires of evading vehicles.

Regarding your brother’s injuries, if it happened more than two years ago, there’s probably...
Read more »

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1 Answer | Asked in Car Accidents, Civil Litigation and Personal Injury for Texas on
Q: I was rearended in another state (I moved to TX in Dec). After going thru litigation my attorney withdrew from the case.

BUT.....

He filed the motion to withdraw within 30 days when I asked for more time.

The motion to withdraw date was March of this year and nobody in their right mind was traveling, I was def not going to get on an airplane and go back to that state during early February and into... Read more »

Tim Akpinar
Tim Akpinar answered on May 7, 2020

As a general matter, attorneys can withdraw from a case and clients can dismiss their attorneys. One option you could explore is to obtain digital copies of your records and see what you could learn or accomplish in contacting other attorneys. Good luck

Tim Akpinar

1 Answer | Asked in Car Accidents for Texas on
Q: a ticket on failure to yield the right of way which leads to an accident. And you take defensive driving .

What will happen. Will the offense be on your license before going to court or before you finish the defensive course

Peter N. Munsing
Peter N. Munsing answered on Apr 24, 2020

the Texas AAA should have some guidance. Generally a ticket won't be on the license until you have paid the fine or been found guilty. You may want to see if the officer will change it to a non-moving violation.

1 Answer | Asked in Car Accidents for Texas on
Q: I was involve in a hit and run on private property. Insurance claims have been denied. Do I have any other recourse?

I did file a police report and the other party was charged with FGI. I have contacted both my insurance company and the other party and both have denied the claim. Since then the other party has filed a PI claim with my insurance which was denied. What are my options at this point for... Read more »

Peter N. Munsing
Peter N. Munsing answered on Apr 23, 2020

If you were injured you have a claim and should contact a member of the Texas Trial Lawyers Assn in the county where it happened--they give free consults.

If you weren't hurt, I'm assuming your company denied because you didn't have collision.

You can get estimates...
Read more »

1 Answer | Asked in Car Accidents for Texas on
Q: Is it true I can be held accountable partially for failing to recognize danger if I didn’t see a car coming my way?

Insurance company told me I’m partially at fault because I didn’t see a car coming toward me. The other car failed to yield right of way stop sign causing me to strike them.

Jessica McKinney
Jessica McKinney answered on Apr 8, 2020

Unfortunately, this happens quite a bit. Insurance companies try to minimize their exposure by partially blaming all parties involved. You can certainly fight their position with the help of witnesses, photos, or near by cameras. I suggest chatting with a PI attorney about your case to go over all... Read more »

1 Answer | Asked in Car Accidents, Gov & Administrative Law, Insurance Defense and Small Claims for Texas on
Q: Is it possible to sue Texas DPS for negligence ?

After failing a driving test, the DPS tester got out of the car, and instructed my daughter to drive around and park the car, while I was waiting in the designated area. While doing so, she hit another car. As a result my insurance premium got significantly higher. I am pretty sure that the tester... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 4, 2020

A Texas attorney could advise best here, but your questions remain open for four weeks. It looks like a case where the defense could possibly ask jurors to question why student driver's operation of motor vehicle was not supervised by licensed family member, if that was feasible. At this... Read more »

1 Answer | Asked in Car Accidents for Texas on
Q: What happens when you get sued but don't have the money to pay and you can't afford a lawyer?

My bf was involved in an accident in September. It was his fault, and his insurance paid for the new car. The driver's family is trying to sue him for 100 grand citing that the driver is an wheelchair. At the accident the other driver was fine,he called off the police, and tried to leave the... Read more »

Jessica McKinney
Jessica McKinney answered on Apr 2, 2020

You boyfriend's insurance company is obligated to defend him as long as he had an active policy at the time of the crash and that he is cooperating with them. They will provide a defense attorney and pay for any settlement or judgement up to the limit of his policy. Anything in excess of that,... Read more »

1 Answer | Asked in Car Accidents for Texas on
Q: I rear ended a guy and my insurance company had dropped me. He wants to settle out of court for $8k or go to court
Tim Akpinar
Tim Akpinar answered on Mar 31, 2020

You'll need to speak with a Texas attorney for the best guidance here, but you await an answer for three weeks and the other side may be asking you if you made up your mind. You may first want to check if your insurance policy was in effect at the time of the accident, even though it sounds... Read more »

3 Answers | Asked in Car Accidents and Personal Injury for Texas on
Q: I was placed at fault in an accident. Driver has no license, and even admitted fault in a text message weeks later.

I was in a bicycle accident recently involving a car who ran a red light, hitting me on my side and sending me to the emergency room. The police placed ME at fault. This guy had no license, and just recently texted me admitting fault.. Weeks later after the police had already filed their report.... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Mar 31, 2020

It’s going to depend on the substance of his text and what the witness has to say. As a cyclist myself I empathize with you. I’m willing to discuss it with you on a call tomorrow. 888-343-4529.?

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1 Answer | Asked in Car Accidents for Texas on
Q: I was in a minor accident in midland texas i was in abig rig i was getting ready to turn left but a oncoming driver thou

Thought i was going to pass in front of him i came to a complete stop waiting for him to pass and he jerked into my lane thinking i was going to cut him off even though i was still in my lane i ended up getting ticket for turning while unsafe only because the stete trooper said he had to assume... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 29, 2020

A Texas attorney is best qualified to advise here, but your post remains open for four weeks. Unfortunately, you're in a difficult spot, being in left lane. Absent additional evidence in the way of witness testimony or video footage, the oncoming vehicle is in a better legal position than you.... Read more »

1 Answer | Asked in Car Accidents for Texas on
Q: Is a presumptive positive tox screen that reveals prescribed Diazepam admissible in a personal injury trial?
Tim Akpinar
Tim Akpinar answered on Mar 23, 2020

A Texas attorney could answer your question best, but it remains open for four weeks. My understanding that the drug is similar to valium. As a GENERAL matter for admissibility purposes, a judge would probably consider factors that included who it was in the lawsuit that was using it, whether they... Read more »

1 Answer | Asked in Car Accidents for Texas on
Q: Can E.M.S bill you 2 years after a accident after not contacting you at all only the responsible party insurance

They contacted the responsible insurance company and they acknowledged they received the bill but did nothing. Now 2 years later the EMS is sending me and my daughter a bill for the first time

Tim Akpinar
Tim Akpinar answered on Mar 18, 2020

This is something a Texas attorney would be able to advise best on, but your post remains open for two weeks. You are in a strong position to argue that you should have been presented with a bill closer to the time of the accident, some two years ago, so that you would have had the opportunity to... Read more »

1 Answer | Asked in Car Accidents for Texas on
Q: First car accident and I got nervous wrote on a piece of paper that it was my fault should I still fight it in court

like I said at a top first car accident, the total is 1636 according to his estimate I told him to have 800 he said he will give me 2 months to pay the rest as long as I sign a form say I'll pay my question do I do the payment plan or do I fight it? in court

Tim Akpinar
Tim Akpinar answered on Mar 15, 2020

Going to court to fight it is up to you. But it sounds like you already signed something where you accepted blame. If the police responded and wrote a report that is more favorable toward you than your statement is, that could be helpful. But if it's only going to be your word against the... Read more »

2 Answers | Asked in Car Accidents, Civil Litigation, Personal Injury and Wrongful Death for Texas on
Q: Is a person liable for anything if they give a known alcoholic a car and they kill someone?

Person has been to rehab and sober houses 30 plus times that i know of.

John Wesley Urquhart
John Wesley Urquhart answered on Mar 3, 2020

Not necessarily just because the driver is a known alcoholic, but whether the driver is known to the owner of the vehicle as an incompetent or reckless driver and there is a record to prove it. Of course alcohol could play a big part of that, but it's a case by case fact intensive analysis. I... Read more »

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1 Answer | Asked in Consumer Law, Car Accidents, Civil Litigation and Insurance Bad Faith for Texas on
Q: What is the dealership’s extent of responsibility for a vehicle they wrecked on their property?

While completing recall work, the dealership wrecked my husband’s truck. The truck is 9 years old, in good shape and has never been wrecked or repaired until now. Due to the age, the paint was oxidized in some places on the truck other than where the damage occurred. While they have accepted... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 22, 2020

With all due respect, at nine years old chances are it's value is diminishing anyway, so a repaint won't matter. You can ask them to repaint the whole, but if the paint is going anyway, you may want to see if for a few dollars they will do the whole truck.

1 Answer | Asked in Animal / Dog Law, Car Accidents and Small Claims for Texas on
Q: I hit a dog that ran in front of me on the road and my car is damaged,the person told me they've got no homeowners/

Rental insurance cause they're renting from a relative, I had no way to avoid the dog, is it worth going after the person to get my $501 deductible back I'm having to pay for my insurance to fix my car?

Peter N. Munsing
Peter N. Munsing answered on Feb 12, 2020

It's up to you. Understand if you get a judgment and they have no money, then you have to chase them for that.However, if your car insurance goes after them they should give you back the deductible.

1 Answer | Asked in Car Accidents for Texas on
Q: by law am I required to show the receipt on how much I paid to have my car fix to the person that hit my car? I'm in TX

The girl that hit our truck was uninsured. Now to pay for the damages she is demanding a copy of the receipt of the place that fix it.

By law do I have to show or give her a copy of that receipt?

Thank you for your time.

Peter N. Munsing
Peter N. Munsing answered on Feb 12, 2020

If it was fixed yes, she has a right to see the bill. If it wasn't fixed she has a right to see an estimate. If you were hurt you may have an uninsured motorist claim so contact a member of the Texas Trial Lawyers Assn--they give free consults.

2 Answers | Asked in Car Accidents, Personal Injury, Wrongful Death and Elder Law for Texas on
Q: I am POA for senior parents. What is the liability for them & me if they get in an auto accident?

Both of my parents (aged 85 and 87) currently have active Texas licenses and auto insurance. Their physician tested and diagnosed them both with mild dementia Nov 5, 2019. They are both still able to dress, bathe, shop, etc. for themselves, just getting a little confused, weaker, repeating... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 27, 2020

You are liable for negligence. Whether a jury will rule that you were negligent in continuing payments for car insurance and gas and not taking away the keys or disabling the car cannot be accurately predicted.

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1 Answer | Asked in Car Accidents and Traffic Tickets for Texas on
Q: got a ticket through mail when had an accident but no officers arrived. No one witnessed it. But now a warrant

How can fight this?, County also tried to charge me leaving the scene but statue of limitations played for the county and could no longer attempt to charge me. Although because it had lingered about the ticket and accident I was taken in in another city of Castle Hills in San Antonio for felony... Read more »

Roy Lee Warren
Roy Lee Warren answered on Jan 13, 2020

You will most likely be required to hire a lawyer to help sort that out because several issues are involved. Is the SOL still in play with respect to the citation received in the mail? If the citation is from the same incident the SOL should also apply. You should consult with a lawyer, many give... Read more »

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