Visitor Question

Need Legal Advice for Automobile Accident…

Submitted By: Sarah (Houston, Texas)

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.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Sarah,

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.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: February 15, 2011

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One thought on “Need Legal Advice for Automobile Accident…

  1. I was recently involved in an accident. I was driving a truck and I had to back down this long narrow road. While backing down the road, I unfortunately did not see this landscaping pick-up truck that was parked unattended and on the wrong side of the road. I backed right into the front of their pick-up truck. The road I was backing down did not have any yellow lines on it.

    Who would be at fault here? I would assume that they would have to be at some fault due to their negligence of leaving an unattended truck parked on the wrong side of the road.

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