The prosecutor would have to prove that you were driving beyond a reasonable doubt. The fact that the officer never saw you driving, in my opinion, justifies reasonable doubt, at a minimum. Just show up to court at your first setting and speak with a prosecutor if the court/judge lets you. Most likely it will be dismissed.
Sam K. Mukerji
I agree with the previous poster. The insurance company is not obligated to wait for the outcome of the ticket before they agree to pay for your vehicle's damage and loss of use. If you find it tough to get a lawyer to sue just for the property damage, you may want to file suit against the at-fault driver and handle the case pro se. The small claims/JP courts will walk you through the procedures involved. The insurance company and their lawyers will most likely step in to defend the case.
If you had insurance at the time of the accident, your insurance should pay for whatever damages occurred to the other vehicle (liability) and to your vehicle (comprehensive/full coverage). If she made a claim for injuries, your insurance company will be able to help with that as well. I would contact your insurance company immediately and talk to them about the situation.
-- Sam Mukerji
Apologies for not being able to answer your question directly, but Houston local news KHOU recently did a story on this type of coverage; also known as "dead peasant" policies. See the online version of the story here: http://www.khou.com/news/THE-BOSSS-SECRET-CASHING-IN-ON-YOUR-DEATH-84124597.html
Although they are effective when you are their employee, I would gather that they are also effective in your situation on a case by case basis. Point being, you would most likely have to get a...
You may have a possible claim/lawsuit for, among other things, negligent/inadequate security. Typically, in a case like this, the longer you wait to prosecute this case, the more difficult it is to prove up in a court of law -- evidence gets destroyed, memories fade -- so it's a good idea to consult an attorney as soon as possible. Call me if you have any further questions -- 713-973-1300.
Typically, an employer who does not subscribe to worker's comp in Texas can be sued directly for injuries sustained by an employee. To pursue such a claim, it is generally a good idea to retain legal counsel to assist you. Feel free to call our office at 713-973-1300 if you have further questions.
When you hire an attorney to represent you in a legal matter, they work for you. Contractual agreements do not supersede state laws and ethical obligations of the attorney. You have final say as to whether you want to settle or take your case to trial.
I agree with the prior two posts. In any personal injury case, you need to prove liability and damages. In your wife's situation, should you file a lawsuit and proceed to trial, there is a good chance a jury will find Walmart liable for creating a dangerous condition which resulted in your wife's fall. However, when they are presented with the damages question (how much in medical bills, lost wages, etc. sustained by claimant/Plaintiff), they will most likely come back with a zero dollar...
A day care can be sued under these circumstances. In any personal injury lawsuit, one has to prove a duty to owed by the at-fault party to the plaintiff/claimaint, liability, and damages. Based on the facts you've disclosed, liability seems clear but further investigation would be necessary. Damages can involve any physical or emotional injuries suffered by the child and/or parent(s). And all licensed daycare facilities are required to carry insurance. I would advise you to contact a lawyer...
He can file the claim. However, it seems like there could be insurance fraud going on. If you haven't already, I would notify your insurance company of what actually transpired at the time of the incident. Your insurance company should have a Special Investigations unit that investigates claims that are fraudulently filed. The other drivers involved in the incident should be able to back up your story.
You should take into account that if that claimant was actually injured in the original...