Here is the deal. my wife got hit by a truck while walking across the street. A witness stayed and there is no question (to the cops or anybody, he admited to it and a witness stayed), she was in a cross walk, she had a green light and a walk signal (in fact she specifically waited for it). He made a right turn, didnt look or stop and hit her.
He had a sweet truck (ford f150, not older than 2003, very new), pimped out, nice tires and rims, modded paint (not a full paint job), this truck had had thousands put into it on top of its decent value as a nearlly new (maybe bought new) truck. Of course he could afford the very expensive, nearlly new pimped out truck, but he couldn’t aford insurance!!!
So there are 19 xrays, a ct , rushed to the hospital in an ambulance as a trauma patient, (still gotta figure out how to make them do an MRIi), she spent 4 hours on a back board with neck brace (strapped down) because the assesment of the ariving paramedics thought it might be critical (I know they do that as a precaution).
So we have a medical bill that is easliy 5-6000$… Thats just the emergency room visit. While I wouldn’t have a problem with the guy paying out the bills and a few lost days wages, I’m guessing that I am going to have to sue, and if I am going to have to sue, theres no playing nice. We have to go after actual damages as well as conciquential damages (the lawyer isn’t goint to work for free, so there have to be enough extra damages, that a percentage of it justifys his fees and intrest, or I wouldn’t get an atorney to represent for a percentage).
his truck was inpounded, and according to Irving texas law, he looses his truck (not he can get it back after he gets insurance, pays fines restitution, or anything, the city auctions the truck and keeps the money, he LOOSES his truck). That is the cost for driving without insurance in Irving!!!
So how do I find out his assets, find if he owned the truck and if he owed money on it, find out his income etc… I would be willing to settle (he was young, young 20’s or younger and most liklly couldnt afford a truck like that himself).
So how do I find out information about him and his financial status, and how do I proceed??? I’m worried that if I jsut get a lawyer, either he will be crappy or not interested as there is no insurance company to sue, so the payout might not be enough??? I’m not worried about a big payout (beyond medical, which will actually be a huge payout, and a few days lost work and consequentiall damages (I’m talking damages in the hundreds of dollars becuase of the costs that this incident has caused us, not extravegant amounts. The simple fact is though, good lawyers dont work cheap. There has to be a high recovery or it is not worth the lawyers interest, or he is a crappy lawyer and I dont want him because he might not even get actual losses after his fee???
I need a little guidence on how to proceed… If I find a layer to handle it, I’m guessing either he is going for money (and thinks we can get it), or he’s crappy (I’m really woried about getting a good layer if this guy has nothing to go after…). Even if he could be sued into paying 10, 000$ worth of mediacal bills, maybe more, how would the average person pay for it??? I hate to be mean, but knowing my insurance company (medical insurance), they wont pay and sue, they will just deny… I thought I had good car coverage, but turns out I don’t have uninsured moterists (the only thing that might cover since she wasn’t driving). Funny thing is, I remember very clearlly the last time I changed the policy!!! It was whe the car became paid off,and full coverage was not nessasary. Minimum coverage was about 71$… I pay more like 96$ because I voulantarily took stull like townig (50 cents a month), and uninsured moterists, that I defanatlly paid a few dollars for, but now aparentlly its gone!!! I\m guesiing I’m just going to get screwed all the way here.
If we get stuck with these medicall bill, were screwed (we just got out of a ch13 bankruptsy because I had a mega severy back injurie, we have over 40 thousand dollars in student loans on deferment)…Any thought or ideas (I have to take care of the wife and the baby and all the new issues and am not getting any sleep). Mon has been ruled out cause she has to go to the doctor and then I have to work. I’ll look for a layer tue (my employer has been understanding, I walked off the job in a rush the night she got hit. I have 6 out of 9 days off (I didn’t aske for it, he just gave it and he used my rremaining vacation time and some sick time).
Anyone know anything about texas law or for that matter how to proceed investigating someone that didn’t have insurance and what his assets, income etc. might be??? A little more on the accident…
So tuesday, my wife was waited for the light to change and waited for the walk light, then walked across a cross walk with a green light and was hit by a truck. There was a witness (this was a busy intersection, there were probably a few hundred witnesses, but this one stayed, called 911, and gave statment). The witness said that she was hit so hard that she was knocked out of the street onto the sidewalk (as in took air). My wife doesn’t remember geting up on the side walk but she got blind sided (hit from behind) and didn’t know it was coming till she actually got hit (and probably didn’t know what happened till after).
So I was at work, and get a panicked call(from her cel phone), she is crying and desperate sounding and she says that she just got hit by a car…
I ask if she called 911, and where she is. An abulance is on the way and a witness called it. she was near by so I told her I would be right there (and did 50 in a 35, weaved between cars etc. and probably risked hitting someone myself, ran two red lights (my hands were shaking and I was thinking, it was probably some dumb shit like me driving recklessly that hit her but I didn’t care).
So I get to the the acident. She is in the parking lot of the resteraunt that I was suposed to pick her up at later during my lunch (she literally walked across the street from the train station to the resturant and got hit). She seems to find this funny and tells everyone about it. Why was she taking the train? Because she had jury duty, for of all things, assult with a deadlly weapon, and the deadlly weapon was a car (not vehicular homicide cause the victim didn’t die).