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I am being sued, and am wondering what options do I have?

Missouri City, TX |

I was in an auto accident in 2009 where I was hit by a drunk driver. I was turning left across traffic into a fast food resteraunt. The passenger in my car was killed in the accident. It was found out that the driver that hit me was drunk. My passengers parents are suing the bar the guy left before the accident. The bar in turn is suing me saying I was neglegent and failed to yield to oncoming traffic before making the turn. Key to this is the guy was driving with no headlights on. The accident happened about 2:30 a.m. I'm wondering my options and am worried about getting a judgement against me, and how that will affect me financially. I don't own any property and basically live paycheck to paycheck.

Attorney Answers 4

  1. Turn this over to your auto insurer ASAP and let them handle it for you. They will assign an attorney to handle the matter for you.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

  2. If you had auto insurance at the time of the collision, then I hope you notified them of the collision. You have a duty to immediately contact your insurance company and send them a copy of the lawsuit so they can hire an attorney for you to file an "answer" to the lawsuit to make sure you do not default in answering the lawsuit, which can result in a default judgment. If you did not have insurance you will have to retain and pay for your own attorney.

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  3. I am not in your State. If you had insurance your insurance carrier should be stepping in to defend you and providing you with counsel. You should talk in detail about your concerns to your insurance carrier and your attorneys. If the insurance carrier believes that your policy limits are not sufficient and you will be exposed personally they will inform you of such a fact (and are obligated to). Regardless of the facts, when there is a death, and you are the left turn driver, there is always going to be an arguement about liability. I am suprised you were not the first person sued by the family (unless your insurance carrier already settle out).

    I am an Arizona attorney. AVVO does not pay us for our responses. Simply because I responded to your question does not mean I am your attorney. In Arizona a non-lawyer is held to the same standards as an attorney so there are dangers to representing yourself. This is for informational purposes only and should not be considered as legal advice. If you require legal assistance an in depth discussion of your case is needed as there are many other issues to consider such as defenses, statute of limitations, etc.

  4. You should turn this entire matter over to your automobile liability insurance carrier you had at the time of this collision. Your carrier has the duty to investigate, defend you and indemnify you if necessary. That is why you pay them a premium.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

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