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Richard Kurt Arbuckle
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Richard Arbuckle’s Answers

2,967 total


  • My husband was killed by a train at a private railroad crossing, do I have a WD claim?

    The crossing is private The railroad company said that any lawsuit would be preempted by federal law

    Richard’s Answer

    preemption is fact dependent, so don't just take their word for it. See an attorney who can take the facts and investigate the law. The law also varies from circuit to circuit. Houston is in the fifth circuit. I would have to review current cases to give a definite answer, but that is easy enough to do. So get an attorney to help you.

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  • Car accident in Texas, person is excluded from insurance.. Next option?

    August 20,2015.. Vehicle hydroplated and losing control of vehicle.. Hit head on sending our car into frantic spin and ended up hitting another vehicle, head on as well. There was bodily injury to my daughter and my mother (whom was driving)..vehi...

    Richard’s Answer

    I assume you have discussed your own insurance with your lawyer. You should have uninsured motorist coverage which is essentially like the other driver having the insurance only it is your company. Your lawyer should get a copy of the other side's entire policy, not just the declaration page. The policy language may give some idea of what could be done to sue the owner of the car for negligent entrustment, but that is a long shot.

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  • An unlicensed family member just caused an accident driving my car. Will my ins pay?( Tx Farm Bureau) What should I do?

    Accident just happened. Haven't even called ins co. Police told at scene that I didn't know he took car. 3 other vehicles involved. No injuries that I know of. What do I tell my ins co to minimize damages. Should I hire a lawyer? Please advise! Sc...

    Richard’s Answer

    This will depend on what the insurance policy says about who is covered. Report it to the insurance company and go from there. You will soon know what position they intend to take.

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  • On making a false statement to your insurance agent on a homeowners policy, can charges of falsifying a document be had.

    This homeowner in trying to avoid responsibility for his aggressive pet dog escaping the secured fenced backyard, and felt that he needed to make a false statement, so that the insurance would denies a claim made were the victim suffered serious d...

    Richard’s Answer

    The short answer is he could end up owing a large amount of money to the injured person with no insurance coverage to protect him. Nothing would happen as far a criminal laws are concerned.

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  • What are my options if seller provided me misleading information and showed me false income sources to make me buy a business?

    I bought a used car dealership, rentals and multi-services business that begun operation on August 1st, 2015. The seller said that he is selling me the Goodwill, Equipment, and Inventory while he didn't transfer his company name to me nor gave me ...

    Richard’s Answer

    The biggest problem is whether the people who you bought from have any money or property to go after if you win. Definitely talk to a lawyer in private. Good luck.

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  • A guy that hit me & caused my serious injures doesnt have auto insurance to cover my expenses, Can I sue his insurance company?

    A 21y/o rear-ended me while at a stoplight, he admits he was texting. He was driving an older car and had the minimum $30,000 coverage. This is not enough to cover my medical bills and surgery. Can I gi after his insurace company for the difference?

    Richard’s Answer

    As others have said, his insurance only pays for the maximum coverage he bought. You will also have insurance you can go after called underinsured motorist coverage. It was designed for this situation. I am writing to emphasize that you must not settle with the other driver's insurance before you get permission from your insurer. A lawyer can explain that in more detail in a consultation.

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  • I am needing an attorney that can litigate a law suit against Blue Cross Blue Shield. I have documentation ongoing since 2/2015

    I am on a 90 day hold for non-payment per blue cross blue shield they have not received a payment since 4/2015 and on 6/29/15 I faxed the member services as I had been instructed to show proof of all payments made for 11/1/2015 - 6/30/2015 and req...

    Richard’s Answer

    Unfortunately, it could cost more to use a lawyer than the amount the insurance company is wanting. Contact the Texas Department of Insurance and see if you can get someone to act quickly to help you. Otherwise, use the AVVO search function to find someone who handles consumer cases.

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  • In a Civil Proceeding, can the plaintiff has to decide on trial by jury or judge before or during the proceedings/motions?

    In a Civil proceeding, has the plaintiff to decide/request on using a jury for trial or judge beforehand or can decide later or after initial hearings or proceedings etc? What are the advantages of having the case heard by the judge compared t...

    Richard’s Answer

    When a party must ask for a jury trial depends on what court they are in. In federal court it is more strict time wise. I don't know about justice court. Whether to use a judge or jury depends on the kind of case and who the judge is. I almost always ask for a jury, but some lawyers almost never ask for a jury.

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  • In Federal practice, when an amended complaint is filed before answering the original complaint, when is an answer due.

    Plaintiff files suit and serves the defendant with the original complaint and summons. The summons says that the defendant has 21-days to file an answer. Less than 15 days after serving the original complaint but before the defendant files an answ...

    Richard’s Answer

    Defendant has the original 21 days or 14 days from when the amendment was made, whichever is longer.

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  • Informing defendants about court hearing? Should I mail all the documents or just informing them about the hearing is good?

    I brought up a 'ex parte' hearing (on a civil case) against few defendants bcz of certain sensitive information. But the judge told me that he can hear with their (defendants) presence and asked me to inform them about a coming hearing date (soo...

    Richard’s Answer

    That is a very specific question and way beyond a forum for general legal questions. There are rules and procedures for keeping things private and what must be given to the other side. I guess I can at least say that if there is something you do not want the other side to see, then you shouldn't send it to them until the judge works it out. That does not mean you have a right to not give it to them and it doesn't mean you won't get in trouble for not giving it to them. On the other hand, they at least need to know enough to be able to prepare for the hearing. At some point you are very likely to get the judge very frustrated with the time your lack of knowledge is taking up from other work. Be aware the judge is not allowed to and will not help you. The judge will not even give you a hint as to what you need to do in a specific situation. Otherwise, the judge will be accused of taking sides. So you may find what you want denied without even knowing why.

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