Devine, TX Personal Injury Law Firms & Lawyers

This is a very unfortunate situation; however, there is a recent case in California (within the last 2 years or so) with which not all attorneys are familiar and which could be of significant help your family. The case holds that a personal vehicle used by someone who is employed and whose vehicle provides an incidental benefit to an employer may be found to be a work vehicle and thus create a vicarious liability on the employer even if the vehicle was not being used for work purposes at the time of the collision. Also, based on your description of the collision, there may also be a claim against the government for a dangerous roadway. You should have an attorney who does personal injury look at the file right away in order to properly assess the case.

First, your could not sue in court for this as your exclusive remedy against your employer for this type accident is in worker's compensation, regardless of whether the employer's actions contributed to the accident. If you could sue in court, it is too late as there would be a three years statute of limitation. If you have not already brought a worker's compensation claim, it is too late for this also as there is a two year statute of limitation.

First, be sure to keep that email.  The reason I tell you to keep the email is that it might serve as proof against your employer in case he fires you or retaliates against you for filing a workers compensation claim.  That would be a big "No, No" if he did that. Second, contact an attorney who handles "workers compensation claims."  An attorney will help you get the medical treatment and wage benefits that you may be entitled to receive.