Need Legal Advice for Automobile Accident...

by Sarah
(Houston, Texas)

Hello, I was wondering if you could help me with some legal advice for an automobile accident...

As I pulled out of a private driveway a large truck was blocking my view. We ultimately had a collision. Since I had to come up and out of the drive way, and because I could not see the individual, I was given a ticket as well.

My ticket was dismissed. I reported it to his insurance but they denied my claim. They said their driver only had 15% liability.

Is this Texas law that you must be 50% liable to pursue the other party who contributed to the accident? If so is there anything I can do to get compensation? Thanks.

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ANSWER for "Need Legal Advice for Automobile Accident...":

Sorry about the accident and the ticket. Glad it's dismissed. From what you are describing it is probable you were ticketed under Texas Traffic Law, Sec. 545.155; 545.256 – Failure to Yield Right of Way - Private Drive. In Texas there are no laws mandating any percentage of liability either party must reach before filing a claim for damages arising out of an automobile collision.

If you believe the truck driver was responsible for the collision, then you have every right to demand payment from him AND the company which owns the truck. The problem lies in getting the driver or his company to pay. The driver's insurance company has already denied liability. You completely disagree. So what's next?

You can send a certified letter to the at-fault truck driver and the company he was working for at the time of the collision. You can ask them to pay for your damages. Even though the driver has turned his case over to his insurance company, you still have every right to reasonably communicate with him and the truck owner.

If they ignore your letters, and you are still determined to pursue your claim for damages you can a file a Small Claims Court action in any Justice of the Peace Court in Harris County.

Here is a Tip: In Texas most people, including many attorneys, believe they must file a claim in the Justice of the Peace Court in the district where they (or their clients) reside. That is not true. You can file your claim in any JP Court in Harris County. That can prove to be convenient, especially when having to make court appearances. Hope this helps.

Since laws change frequently and across jurisdictions you should get a personalized case evaluation from an attorney licensed in your state (if you haven't already). Find an experienced local attorney to give you a FREE personalized case review here.


Best of luck,

Law Guy