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Should I sue the at-fault driver whose license was revoked due to having seizures?

Asked by user in Texas.

The unlicensed driver caused the accident and my car is now totaled. The driver hit my vehicle from behind while I was stopped at a red light.

Answered by Enjuris Editors:

Texas is an “at-fault state,” which means that the party responsible for causing an accident is responsible for paying the damages caused by the accident.

If the unlicensed driver has car insurance, you can file a claim with their insurance company. If the driver does not have insurance (a good possibility considering they were unlicensed), then you can either:

  1. File a claim with your own insurance company using your uninsured motorist (UM) coverage (if you have it), or
  2. File a personal injury lawsuit against the driver.

It sounds like liability should be easy to prove in this case. Therefore, the focus of the lawsuit will be on the amount of damages owed. Keep in mind that even if you obtain a judgment, you might have trouble collecting the judgment if the at-fault driver doesn’t have any money or assets.

I would recommend talking to a personal injury attorney in your area. You can use our free Texas attorney directory to locate one.

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Laura Brown

Laura Brown has dedicated her career to being an advocate for individuals, children and families who have been hurt due to another person's negligence. In 2000, she launched her own personal injury law firm to focus on cases in Texas and nationwide, and she is especially passionate about birth injuries.

Laura attended Baylor University as an undergraduate premedical student, graduating with a degree in biology. Though she was destined to be a trial lawyer like her father and grandfather before her, her pre-med background was the perfect training for her ultimate calling: fighting for the victims of negligence. She was admitted to the Texas Bar in 1992 and has served her community ever since.

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