Texas Car Accident Legal Questions

First, a convenience store parking lot is not legally considered private property. Either way, the cops can conduct an investigation wherever the investigation takes them, generally. However, if you stopped and gave the correct insurance information to the other folks involved in the accident, you cannnot be guilty of "failing to stop and give information," which is the criminal charge that would be filed in a "hit and run" situation/allegation. So, if you are arrested and charged with that offense, you can and should fight to make sure it does not become a conviction on your permanent criminal record.... Read More

Lack of license has nothing to do with fault. However, you are supposed to have insurance, and without it you will only be entitled to payment for out-of-pocket expenses, NOT for pain and suffering. (Ca Civil Code 3333.4). It sounds as if you should be looking to the rear-ending driver's insurance for reimbursement for all reasonable and necessary expenses, including medical and car damage.... Read More

You need to read the Agreement you signed when you retained your lawyer. If it says he is entitled to a fee out of all sums collected on your behalf, and he collected both the settlement and the medical pay, then he'd be entitled to a fee on both (although you may be able to get him to waive some of the fee or offer a reduced fee on the med pay part of the claim?) If his Agreement doesn't indicate he can charge a fee on medical pay, then he can't. If the medical pay was paid without him providing the necessary information for the insurer to make payment and they voluntarily paid it, then there may be no grounds for charging a fee thereon (again, it is typical that the Agreement would speak to this and control).... Read More

If you're going to start paying the note on a car, I'm assuming you're going to buy this car from your friend. If you do this and the title stays in his or her name until the loan is paid off in full, you should have a contract prepared to make sure that your friend holds up his or her end of the bargain before you begin making any payments. The risk to you if you don't is that he could simply keep his name on the title and have the car repossessed because it is still in his name. Also, the risk to him or her is that you could stop making payments at any time and reneg on the deal. In any case, I think the best thing for you to do is speak to an attorney before you get into this deal because there is some risk involved in purchasing a vehicle that still has an outstanding loan. ... Read More

 You're the boss. If at any time you're unhappy with your lawyer's services, you can fire your lawyer. You can fire a lawyer regardless of your fee agreementand even if your case is pending in court. Your attorney is entitled to payment for services rendered up to the time of dismissal, in accordance with your fee agreement. Be aware that firing a lawyer after a suit has been filed usually requires the court's permission. If the case is close to trial, the court may be reluctant to grant permission for dismissal if it'ill delay the proceedings unless the court finds you have good cause under the circumstances to discharge your attorney. Keep in mind that under the law of some states, the attorney you fired may be allowed to keep your file until you've paid your bill. When you hire a lawyer for you Automobile accident ask him or her about the applicable law in your state.   I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.      Tai Figueiredo Paralegal BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com126 Shove Street Unit 202 Fall River, MA 02724 Office:  888-269-0688FAX:    877-475-8147... Read More

I do not really understand why your question was forwarded to me.  I practice only in NJ.   If, as I understand it, the accident happened in Texas, Texas law would likely apply and you should speak to an atty in Texas.  Having said that, in general, each state has its own scheme/process and rules for who can act on behalf of the Estate of someone in a negligence claim and much has to do with who the survivors are and what relationship each had (ie brother/mother/wife/etc) with the decedent.   So if this is a Texas based action, I would suggest you contact an attorney familiar with Texas law of Intestacy.  BTW this all presume there is no Will.  If the person died with a Will, at least in NJ, the person they named as Executor would have the right to bring the cause of acetin on behalf of the Estate.... Read More

If you're in Texas, you may be liable for your kid's INTENTIONALLY CAUSED property damage to the kid's age 18. I think the Colorado claims adjuster is blowing smoke. If you get sued, that'll be soon enough to defend yourself. Though you can be sued for anything by anyone at any time, I doubt the insurance carrier for the other party will sue because there's little likelihood of success in a suit against you.... Read More

If you were driving with the car owner's permission and were not an excluded driver under the owner's policy, you should be covered. The criminal aspect of driving without a license is a different matter. Theoretically you could go to jail for it, but unless there are aggravating circumstances you're likely to get probation. Good luck.... Read More