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Texas Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents, Criminal Law, Personal Injury and DUI / DWI for Texas on
Q: My wife was arrested and charged with Intoxication Assault w Serious Bodily Injury (a 3rd degree felony).

Her lawyer advised it would be better to plea to Agg Assault w/ Deadly Weapon (a 2nd degree felony). Is there any sense to pleading to a higher degree felony? Probation is offered in both cases by the prosecutor.

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 24, 2020

As a general rule, a second-degree felony is more serious than a third degree. However, nobody on this forum is in any position to second guess your wife's attorney. There are reasons why this could make sense, so your wife should simply ask her attorney for an explanation.

For...
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1 Answer | Asked in Car Accidents for Texas on
Q: In Texas 12-20-2019 I had a rental car for an extended time because my car was waiting on parts. We were legally stopped

We were rear ended at about 50 mph. I was a passenger and wife was driving. I was injured with severe pre-existing back injury 10 been ated discs from last rear-ended and was listed as inoperable back then!

Girl that hit us was driving mommies car and listed as excluded from policy and was... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 17, 2020

A Texas attorney could advise best, but your question remains open for two weeks. Are you certain the driver was listed as excluded from policy, or was it that she was not included? Was she in the same household? What you describe is a severe accident if your approximation of speed is accurate. The... Read more »

1 Answer | Asked in Contracts, Personal Injury, Car Accidents and Collections for Texas on
Q: I'm not happy at all with the low settlement offer from attorney.options?

I was in an accident where they had it closed down to one lane of traffic and the concrete arm off of a Mack truck swing out in front of us and busted through the windshield it could have killed us if we had been going fast enough which I feel like is a major mess up on their end the guys already... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 12, 2020

A Texas attorney could advise best, but your question remains open for a week. Your post raises many issues and could be too involved for a simple response such as "do this," or "do that." As a GENERAL matter, it is possible that what you describe could result in a lien on your... Read more »

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Texas on
Q: Is my school liable to damage to my car due to negligence on their behalf?

I attend a small private school and they have the students park in a parking garage. However, whenever it rains they sometimes move the gym class and will have it take place in the garage. Normally there is not issues but today, they decided that it was going to be a good idea to play dodge ball... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 12, 2020

A Texas attorney could advise best, but your question remains open for two weeks. It could depend on whether there are property damage disclaimers the school has in effect for staff cars parked on the premises. Good luck

Tim Akpinar

1 Answer | Asked in Car Accidents and Small Claims for Texas on
Q: My vehicle was damaged by another driver backing out of a parking lot and now I'm suing, what can I do?

I was driving through a parking lot and a driver backed out whilst I was behind his vehicle and dented my fender. He claimed that he did not hit me to his insurance so they said it was a he said/she said since there was no damage to his vehicle. I have a third party witness that saw the incident... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 9, 2020

A Texas attorney could advise best, but your post remains open for three weeks. As a general matter, it sounds like you prepared extensively to make your case. You took the effort to obtain the statement of a witness. Something to think about (if it is still available) could be an surveillance... Read more »

1 Answer | Asked in Car Accidents for Texas on
Q: I let someone use my truck and they never brought it back i cant afford the payment what will happen if i quit paying?
Tim Akpinar
Tim Akpinar answered on Oct 18, 2020

A Texas attorney could advise best, but your question remains open for three weeks. As a general premise in such finance plans, the debtor (you in this case) usually remains liable for continuing to make monthly payments. In most jurisdictions, one possibility is that they could repossess the... Read more »

1 Answer | Asked in Car Accidents and Contracts for Texas on
Q: I have free oil changes on my car and now they saying I have to pay why

A friend of mine purchase a new car from the same place a year later and he still get free oil changes

Tim Akpinar
Tim Akpinar answered on Oct 14, 2020

A Texas attorney could answer best, but your question remains open for a month. One possibility is that the facility had entered into a different type of agreement with the other person than they did with you. Another possibility is that the program was good for a set period of time - your program... Read more »

3 Answers | Asked in Car Accidents, Personal Injury and Small Claims for Texas on
Q: Is the vehicle owner liable instead of driver in Texas? Can the owner be sued?

Driver was not the registered owner. A claim was then filed against her insurance company after the accident. She provided her insurance information to me. Her insurance declined the claim. The Insurance do not provide liability coverage for any person for that person's liability arising... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Oct 4, 2020

In theory, an injured Plaintiff might sue the owner of a car even if the owner was not driving under a cause of action for "negligent entrustment."

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Q: I’m about to go to boot camp but I have a pending civil court case for a car accident. Will I be able to go to BC?

Does boot camp qualify the trial to be put on “stay” status?

Tim Akpinar
Tim Akpinar answered on Sep 14, 2020

A Texas attorney should advise, but your question remains open for two weeks. Until you are able to consult with a Texas attorney with time looming, you could check with the judge's clerk on your case. Based on your description, it sounds like a note of issue has been filed and that you may be... Read more »

1 Answer | Asked in Car Accidents for Texas on
Q: Car accident lawsuit defense

I was involved in my car accident. Other truck driver with trailer was on phone and came in front of my car suddenly without any flasher or other sign/indicator. It has resulted more damage to my car. Other truck trailer got minor damage. Driver was fine, no visual injury. Insurance parties had... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 13, 2020

A Texas attorney could advise best, but your question remains open for two weeks, and time is of the essence in your response to the summons and complaint. I hope you are okay. Without knowing more details, as a general premise, you should contact your insurance carrier and turn over all... Read more »

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Texas on
Q: My wife was rear ended last week, the other driver did have insurance and they are saying our car is a total loss.

But they are not offering us what we feel is right. If we take their offer we will still have to come up with $200 to pay off our loan. We feel that they should at least pay off the old car and give us enough for a down payment on another car. Do we have any recourse here?

Tim Akpinar
Tim Akpinar answered on Aug 30, 2020

A Texas attorney could advise best, but your question remains open for three weeks. Unfortunately, this is a common situation in total loss declarations. A local attorney might be able to identify additional options under state law. But as a general premise applied in these settings nationwide,... Read more »

1 Answer | Asked in Car Accidents for Texas on
Q: I was in an accident. Called my insurance to make the claim, they are paying the loss.. why not the other persons?

It was not my fault, i had the right of way and have witnesses that the other car didnt make a full stop sign. My insurance said my truck is total loss, but why them if its not my fault???

Robert C. Slim
Robert C. Slim answered on Aug 24, 2020

Your insurance company is paying because they have notice of a valid claim and you probably have full coverage. Therefore, they have a contractual duty to pay the claim. As for the other person‘s insurance company, that is not your insurance policy. They don’t owe you the same duties and... Read more »

1 Answer | Asked in Car Accidents for Texas on
Q: How can I report someone who doesn’t want to pay for my vehicle’s damage by an accident they caused?

My daughter got in an accident Saturday night. My daughter has no license and the vehicle has no insurance. It was the other drivers fault, she was under the influence of alcohol which made her pass up the red light. She said she will gladly take care of the costs and to just let her know how much... Read more »

Robert C. Slim
Robert C. Slim answered on Aug 24, 2020

I hate to be the one to break the news to you, but you will probably never hear from that person again. So, for your own peace of mind, stop trying to contact her. Instead, you should be contacting as an attorney. An attorney can represent your daughter for the accident and go after the responsible... Read more »

1 Answer | Asked in Personal Injury and Car Accidents for Texas on
Q: Hi! I was hit as a pedestrian by a car and would like to ask how can I claim the driver's insurance my medical fees.
Robert C. Slim
Robert C. Slim answered on Aug 24, 2020

Your best bet is to consult with an attorney. Handling cases like this by yourself can have dire consequences. Additionally, pedestrian accidents are trickier than you think. Unlike the common understanding, insurance companies don’t necessarily view the pedestrian as totally innocent. That’s... Read more »

1 Answer | Asked in Personal Injury and Car Accidents for Texas on
Q: Will my medical insurer drop me if they arent paid

I was in car accident. My lawyer said we could only file for $30K insurance policy. I paid out $7K in medical, my medical insurance paid out over $45K. My medical insurance sent a letter asking for payment if a settlement was made. Defendants insurance company didnt make check out to just me and... Read more »

Daniel John Christensen
Daniel John Christensen answered on Aug 18, 2020

In short, your health insurance may drop you for any number of reasons, regardless of how you treat this subrogation interest. But, depending on what state you are in, your attorney may be correct. If you have not been “made whole” in the settlement, you do not have to pay back some or all of... Read more »

1 Answer | Asked in Traffic Tickets and Car Accidents for Texas on
Q: Can a citation be given the following day?

I was in a three car collision, I being the third car. I was not under the influence of any substances. Police were called and statements were taken, no citations were given. 6 days later I receive a citation in the mail for following too closely, but the date and time where wrong. It was written... Read more »

Grant St Julian III
Grant St Julian III answered on Aug 14, 2020

Yes, a citation is valid even if it is not issued the date as the alleged offense. Call your insurance company and your attorney before appearing in court. Good luck.

1 Answer | Asked in Car Accidents for Texas on
Q: In 2007 as a US Postal employee I was T boned in my postal vehicle by a private citizen.

The PO handled my case and I have never received any settlement money can I sue the PO for relief?

Tim Akpinar
Tim Akpinar answered on Aug 10, 2020

A Texas attorney could advise best, but your question remains open for three weeks. As a general matter in such cases, what usually happens is that your employer, the United States Postal Service, covers your workers' comp type benefits under the OWCP. The postal employee can also pursue a... Read more »

1 Answer | Asked in Car Accidents for Texas on
Q: I was in a car accident may of last year. I got a settlement check but I never sighned a release. Is that even possible?

H

Tim Akpinar
Tim Akpinar answered on Aug 7, 2020

A Texas attorney could advise best but your question remains open for a week. It's possible, generally on smaller sized claims. On complex claims with multiple liens and third-party actions, it doesn't happen much - things are generally handled more formally and rigidly with stricter... Read more »

1 Answer | Asked in Car Accidents for Texas on
Q: if i was in a non fault accident and they found weed in my car could it end up on me? i was injured.

i was issued a citation for drug paraphernalia but they said it wouldn’t be on my record. they hit the rear right, i was turning right and they somehow went over the right shoulder as i was turning and he hit me.

Tim Akpinar
Tim Akpinar answered on Jul 23, 2020

A Texas attorney could advise best, but your question remains open for two weeks. If you were injured, you could contact a personal injury attorney to discuss further. As for the citation, you should speak with a Texas criminal defense attorney. Good luck

Tim Akpinar

1 Answer | Asked in Personal Injury and Car Accidents for Texas on
Q: Do lawsuits expire? Is this sometimes we will have to deal with?

My bf was involved in a car accident two years ago. It was his fault. No injuries to either party. The other driver actually cancelled his police call, but we called them anyways. The insurance paid for the car. He was sued by them 6 months ago right before everything closed down . From what I have... Read more »

Daniel John Christensen
Daniel John Christensen answered on Jul 10, 2020

Assuming car wreck occurred in Texas, you have two years from date of accident to file lawsuit and to protect your rights. Hire legal counsel as soon as possible if you have not already done so.

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