Have you heard this kind of law suit? (good, people)

[mtgmike]

My wife and I were rear ended almost ten years ago late at night at 290 and Little York. A "disabled veteran" in an Explorer crushed her Celica, totalling it. He was driving alone, and appeared intoxicated to us. Police Officer arrived, noted he was alone, but didnt seem to think the guy was drunk. Months later, her insurance called her dad and said the guy was suing. Claimed he and a passenger were hurt. We all told the insurance company we would testify he was alone, and not injured. The insurance company still paid him off to not have to go to trial.

This is why we should be a "loser pays" state.

[AlfredB1979]

Originally Posted by dmarie123

I will never understand why people sue for "accidents." They are accidents!!! Accidental!!

I believe in Karma. That 18 wheeler driver could easily cause another accident, a bad one, where someone is severely injured or worse. That person will have a choice, sue, or be a decent human being. I hope karma gets him.

Maybe because accidents are/were preventable? Just saying.

[piyf]

Lawyers, blood sucking parasites.

Guess where most are? And no, not on animals.

[pdouglas]

I'm a lawyer. But don't hate me, I'm also a nurse. I work in healthcare and not the legal field. What I suspect is the 18 wheeler driver has been working on this case with a lawyer for the last 18 months or so. The statue-of-limitation to file a lawsuit of this nature in Texas is 2 years. Therefore, the 18 wheeler driver must file noww or lose his tight to suit. I suspect the lawyer has been involved all along and working with your insurance company. Your insurance company probably is refusing to pay, thus the need to file a lawsuit. You will be the one named because it is you are the respondent. Your insurance company you assit you in this matter unless they feel you did something in violation of your policy.

On a separate note, you do not recall being summoned to traffic court for this issue. If the 18 wheeler driver contested the ticket, went to court and you did not show up, the judge could have found you guilty. Once guilt is established, a civil case (the type of case you are being sued for) is much easier to prove and a lawyer much happier to take on.

[patriciatun]

Thank you all so much for your generous responses and info. Thank you Pdouglas. I receive the court paper today. The 18 wheeler insurance sue me for 130,500$

[TFW46]

Yikes! I'm so sorry! Can you give us any more details? Did you miss a court date? Why did the police say that both of you were at fault?

[oceangaia]

Originally Posted by pdouglas

On a separate note, you do not recall being summoned to traffic court for this issue. If the 18 wheeler driver contested the ticket, went to court and you did not show up, the judge could have found you guilty. Once guilt is established, a civil case (the type of case you are being sued for) is much easier to prove and a lawyer much happier to take on.

You're not a lawyer. Traffic court presides over traffic tickets, not accidents. He said nothing at all about either party getting any tickets. And even if there were, traffic tickets are between the state and the offender, not between two offenders. There is no common court date for both parties and how one party resolves their ticket would have no bearing at all on how the other party resolves theirs.

[testmo]

the risk for "loser pays" legislation is not for the little scummy law suits like traffic accidents. the risk and inhumanity in it are for the major cases like class action lawsuits against chemical companies, major businesses, refineries where a corporation can spend millions on protection, they typically get their way and win in court and then the people who filed will end up having to pay the company who is already rolling in money.

i dont believe there is an exemption for suits like that. its basically giving a corporation who already is poorly regulated freedom from fear of litigation for wrong doings. why settle out of court when you will get your lawyers paid for by the other side while crippling them at the same time

[Neshomamench]

Originally Posted by patriciatun

.The police record stated that both cars have faults although it's so clear that I have got hit from the back and had all the damage but 18 wheeler did not even had a ding. Now...

In Texas, the Police do not decide any level of fault in a crash.(that is a civil issue) If they have probable cause you were in violation of a statute(criminal issue), they may issue a citation or make an arrest. A citation or arrest does not establish "fault." It means that you are being accused of a crime.

[mask of thought]

yeah thats nothing new some ladie got off a bus to use a phone at one of the kids houses. a heavy ladie adout 400 pounds asks for a phone was told to stay outside but decided to open the door and stand inside while the phone is given to her yelling at her daughter to not let the tax collectors take the tv. steps out backwards the step is high but level falls the ambulance is called ladie was hurt but heard nothing of a law suit until the day before the time you can sue expires which is 5 years