Sunray, TX Personal Injury Law Firms & Lawyers

You may file a lawsuit against the drunk driver, but it sounds like the driver did not have insurance. So, a lawsuit against the driver may prove fruitless. If you have your own underinsured or uninsured motorist coverage, that may be the best claim to make. A good personal injury lawyer will know how to handle this type of claim.

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.

If you have an uninsured driver / vehicle that caused the injuries, and you have no other persons / entities to look to as liable parties, then you are going to have to go on your own auto Uninsured Motorist Coverage (UM), and your own auto Personal Injury Protection Coverage (PIP). PIP will exhaust with a limit of up to 10K, 25K or 35K, depending on which coverage limit you had in effect. Once PIP exhausts, then you go on your general health insurance coveage, such as Premera, Regence, Group Health, etc. Your spouse may also be eligible for Social Security Disability Insurance Benefits. If so, then your spouse is also going to be eligible for Medicare. Suggest that you consult with a lawyer who does injury / disability cases.