I'm so sorry this happened, Best. I wish you and your DH healing and peace.

We were posting at same time last night. I am so sorry to hear about the recent losses in your circle. Just heartbreaking.

I live in Florida. We have a lot of crazy and uninsured motorists. I encourage everyone I know to get dash cams. You can get front and rear. They are inexpensive these days too. Just another security level.

I am so sorry to hear this. I can't imagine why the police didn't ticket the other driver? Is it a small town? Did he know the boy's family? Nothing else makes sense. All the officer did was to reinforce the message that there will be no consequences for the driver's actions. Seeing your car was I'm sure very scary to him, but memories fade. I would have wanted the police to ticket him if he was my child. I hope your dh is on the mend and peaceful thoughts to . you as well

What an ordeal for both of you and I pray that your DH has an uneventful recovery. Unfortunately this is an ongoing situation that's frustrating and tiring to deal with. I don't understand why the driver wasn't issued a citation. It is truly maddening. But it seems like it is happening more often. I was rear ended while stopped at a toll booth and the cop didn't issue a ticket claiming that he didn't witness the accident. I didn't find this out until I requested a copy of the police report for my insurance claim.

DH was stopped at a 4 way traffic light intersection. There was one car in front of his and when the light turned green both cars proceeded. The first car was through the intersection and DH's was in the middle. He was hit on his driver's side by an elderly woman who didn't stop for the red light. She didn't get a ticket. She claimed that she didn't see the light due to sun glare. However she failed to notice that both lanes of cars on either side of her car had stopped nor did she notice the cars entering the intersection from the cross lanes nor did she bother to slow down 'due to sun glare.'

DH's 3 month old car was totaled. He was fortunate that the engine compartment took the brunt of the hit but it spun the car around and he still has issues with his back. The tow truck operator told us that he lived next door to the other driver and that she had had several accidents in recent years and her children were trying to stop her driving. DH spoke with the Police Chief and was told that the decision was up to the officer on the scene and that it was final. We didn't sue but it felt like an additional violation to find out that the other driver wasn't held accountable.

I hope you have a successful meeting with his supervisor today.

I am so sorry you are going through this, Bestyears--especially on top of everything else you have been dealing with. I hope your husband recovers fully and that you can get the support you need to help make sense of this. It seems very wrong to me that the young man involved with this walks away without charges. Where I live the police seem to have no problem pulling over primarily minority drivers for minor issues then citing them for all kinds of infractions. I think a teenage driver who was speeding through a red light, possibly distracted and responsible for the damage and injury you shared should be held much more accountable. If that was my kid I would want and expect that.

Oh my gosh, what a scary ordeal. I am hope you both heal quickly-- physically and emotionally.

My first thought was similar to Jococo's... second thought was perhaps there was some extending circumstances, a sign covered by tree foliage or strong sun in his eyes. I was in an accidence once because I had a train of sneezes and didn't see a car STOPPED, literally stopped on the highway in front of me (she was watching a crane off lifting a tractor trailer off to the side-- no flaggers or safety concerns. She was stopped on the highway to gawk. I still received a ticket even though i couldn't have controlled the sneezes and her stopping (not on the shoulder) was reckless. Just a thought-- it very well could have been that he was texting or just not paying attention.

In answer to some of the questions in the last few posts: no, not a small town (population about 120,000). This is a pretty sleepy suburb of Houston. The report noted that there were no extenuating circumstances such as sun glare, rain, etc. This is a very pristine neighborhood where the stop sign was quite new-looking and completely unobstructed. The driver was returning home from school with his fourteen-year-old brother in the car, in a ten-year-old Mercedes 300 C-class, so I'm guessing this might be his car, or at least his to use during the school day. Fortunately, neither boy was injured in the accident. As I told the officer, our own son was in an accident at age 17-18, completely his fault, and he was ticketed. We, of course, fully supported his receiving that ticket, and his summer wages paid for it. Maire_cate -yes, as you've described, it somehow adds insult to injury to be treated so cavalierly by both this officer and 'the system.'

I still can't get over it. Your husband could have been killed. As it is he will long suffer.

I am so sorry that you are going through this and hope that you and your husband will fully recover. I suspect that if the officer tickets the young man and he or his parents decide to contest it then they wind up in court - something the officer probably wants to avoid.

Oh and I doubt that 16 year old boy feels any sympathy towards the two of you.

Well, if the policeman didn't witness the accident and no one else did, as Lascatx outlines, it is going to be hard to successfully prosecute or collect on a citation. A lot of time and effort for a likely negative outcome. HOWEVER, the police officer could have conveyed that idea to you in a far better way than saying it was his "opinion" that the remorse of the other driver was sufficient. He could have said, "I am sorry but we don't have enough evidence here to issue a citation. In my experience, we could not make a successful case without witnesses and better evidence."

That does not mean you shouldn't seek and have good legal counsel. And as some have said, ask around and find someone with a good reputation.

@Bestyears - I'm so sorry and I wish I could help you understand, but I don't understand it myself. At least not the officers comments. I could understand if he said I didn't witness it so can't ticket an offense he didn't see, but that is not what he said. I hope your DH is able to recover much faster this time and that neither of you will have any lasting effects after recovery. Sounds like you already have done everything I would suggest otherwise. Sending you hugs, thoughts, and prayers.

I know someone mentioned it would be nice to get an apology from the offender. I'm guessing that will never happen as that would not serve the offender well in case of a law suit. Sad that is how it always seems to work out.

Bestyears, I am so sorry! Yes, adding insult to injury indeed! My prayers are with you for some peace, you have had quite a load on your plate!

Just to be clear-- i wasn't expecting you to answer possible extenuating circumstances. Just providing bigger picture, alternate perspective.

At the end of the day, my recommendation would be to focus on healing-- your anger is absolutely understandable but it's not going to help you heal.

I think we are all in agreement that the police officer was VERY INSENSITIVE, particularly given the circumstances of how traumatic the accident was for you and damaging to your husband. Sort of like pouring salt on a wound. And I do think a little chat with his supervisor might help, suggesting he needs to work on his sensitivity and communication skills. Seems like that would be a given if you plan on going into police work, but apparently it's not given much of a priority.

I have a friend who is a social worker and her husband is in police work. She gets very frustrated because there are a lot of social and emotional issues on the team of the force and she knows that they could be easily addressed through some types of trainings and resource services, but the chief refuses to give it any consideration. There's no guarantee that any given police office will have good leadership or good team members. Of course many, many do, some amazing folks in service out there, but there are obviously some less than stellar apples . . .

But you've gotten good advice, sometimes to heal we have to detach (some would say let it go) to some extent and focus on the things we can do day by day. Glad to hear you have local support. Sending prayers your way and keep us posted!!

As I have seen more calls for you to retain counsel, I just want to suggest you re-read lascatx's post. From my vantage point, the lawyer will have the most to gain here, win or lose. Plus legal cases quickly become emotional entanglements, which if you have little to gain, are absolutely not worth the trouble.

To be clear, crimes and traffic accidents are prosecuted all the time without a police officer witnessing it (or any orher witnesses). That’s what evidence and investigations do. How do you think murders are solved? No police officer witnesses those! And often no one else does either. Maybe he was being lazy, but T-bone accident where another car is on its side, that has been damaged by someone obviously running a stop sign, seems like there should be pretty good evidence. The brother was a witness and if they are somehow claiming Bestyears was at fault, then SHE would be issued a citation. But it doesn’t sound like that’s the case.

So sorry you're going through this. I don't think I saw any discussion around the impact to his driving record, tracked by the motor vehicle department. If he's at fault for an accident with bodily injury, in California his DMV record would reflect two points. This impacts his insurance rates and, in some cases, his ability to get insurance. Note that citations are also reported to DMV (called other things in other states) so he does not get off scott free. Had he been cited, in CA I believe he'd have three points for the incident, but it's been a while since I've been in that business.

Ugh, I am so sorry! This is, unfortunately, a nationwide problem in people speeding and running stop signs and red lights. I told DH I want a dashcam because people are so horrible here and I worry with my commute to work, even though we are basically done. And I'm probably not getting a new car anytime soon.

1929Spanish, that is a good point about DMV record.

Most reputable lawyers will review the situation and tell you if there is any likelihood they can be of productive service. At least that has been my experience.

Zalco, what you say could be true, but if there are long term health consequences to Mr Bestyears, then settling with the insurance company now would not be in their best interest. Hopefully, the attorney would take the case (if it’s necessary to file a lawsuit ) on contingency, which they would only do if there is a strong case.

Bestyears, I'm so sorry this has happened to you and your DH. Hope your DH heals well, and I'm mad along with you. How is that kid going to learn from his mistake if he's let off with no consequences ? Also, it's hard to believe any police officer would be so easy on someone who did that. It makes me wonder if he knows the kid, or his parents ??

You've gotten some very good advice from others about waiting, attorneys, etc. The only thing I would add is that if you don't get any help from the officer's supervisor, consider talking to the police commissioner.

Oh, Bestyears, I'm so sorry. I hope your DH recovers soon. What a traumatic event.

As a mother to young adult drivers, I also hope the 16 yo and his parents realize what devastation he's caused, and it results in changed behavior.

And... I really hope that as I age, if/when there comes a time when my driving is dangerous to others, that I gracefully concede my driver's license, rather than going to my grave with regret.

Oly, the problem is the limits on the liability insurance in Texas. It appears to be capped at an unreasonably low total payout. Sure, speak with a lawyer, but realize your interests are not aligned. I know there are lawyers who work on a contingency, but again, if the cap is as described, then, what is the point? So long as you are maxed out by the insurance company, you have nothing to gain. Texas is not a state which is friendly to its citizens. The laws are heavily skewed to the powerful, see their employment laws for another example of this.

Pink, knowing who to trust is key here. As someone with a big law background, I find personal injury lawyers somewhat alien. I will be more clear. I would find it impossible to trust a personal injury lawyer. Best has a personal relationship with one, so perhaps that is a mitigating factor here, but for me, the answer would still be no.

Thanks Zalco, are you saying that it’s not possible in Texas to file a lawsuiit beyond the limits of liability insurance against the person causing the injury?!! What if they are uninsured but have assets? They can’t be sued?

This is from the website of a personal injury law firm. There is not much to be had, so long as you reach the liability limits.

Can I Sue the Driver For More Than the Policy Limits?

Sometimes, an injured victim is unsatisfied even when the at-fault driver’s liability carrier tenders the available policy limits. Often, these victims will ask, “Can I sue the driver for more money? And if so, what are the chances that I win?”

Unfortunately, it is challenging—if not impossible—for a victim to recover additional funds once the liability carrier tenders the policy limits. To recover additional funds successfully, a crash victim would have to do the following:

• Sue the at-fault driver;
• Go through the pre-litigation process (e.g., discovery, depositions, mediation);
• Gather and present the evidence to a judge or jury;
• Get a verdict over the at-fault driver’s policy limits;
• Pray that the driver has sufficient non-exempt assets to satisfy the judgment.

In ordinary times, this process takes several years and costs thousands of dollars. Due to the ongoing COVID-19 pandemic—and the pause it has had on our judicial system—this process could take even longer now. Additionally, the Texas Constitution and Property Code protect a person’s homestead and the overwhelming majority of his or her assets—e.g., home furnishings, motor vehicles, jewelry, and firearms—from seizure to satisfy civil judgments, like automobile accident verdicts. These generous exemptions also mean most Texans—especially those living in the Rio Grande Valley and South Texas—are “judgment proof,” a term injury lawyers use to describe those who do not have sufficient non-exempt property to take to satisfy a judgment.

Thus, when a client asks the question above, accident attorneys usually respond, “Yes, you can sue the driver for more money. Unfortunately, you probably will not collect any of it if you win, and you will spend way too much money and time trying to do so.” This answer leads to a very stark conclusion: Generally, a crash victim’s recovery is limited to the at-fault driver’s liability policy limits unless the victim has UM/UIM or PIP coverage. Therefore, the best option to avoid this fate is to purchase as much first-party coverage as possible.

Contact An Experienced Injury Lawyer Immediately After a Car Accident

Convincing the liability carrier to tender the at-fault driver’s policy limits is only half the battle. An experienced accident attorney may also help maximize a victim’s compensation by contacting the client’s providers and negotiating over-inflated medical bills. If a negligent driver has injured you or a loved one, you have enough things to worry about. Do not let dealing with the insurance company and medical providers be some of them. We deal with the insurance company so you can focus on getting your life back to normal. You have one chance to do this; make the right choice by choosing the right attorney. Call us at (956) 291-7870 or email us at contact@rdjlawyer.com for a free consultation and case evaluation.

https://harlingencarcrashattorney.com/blog/suing-for-more-than-policy-limits

Oly, insurance is what we have to protect our assets. We give our right to sue for damages to our insurance companies (see subrogation.) Our insurance companies operate under the laws regulating their activities in our states. I am sure there are better and more complete legal explanations, but this is the basic answer.

I did not read most of the above posts. If your intent tomorrow is to have a ticket issued for the other driver, take a lawyer with you. Without a lawyer, they are going to blow you off. It's not so easy with a lawyer sitting next to you. At least, call a lawyer today and discuss.

"As someone with a big law background, I find personal injury lawyers somewhat alien. I will be more clear. I would find it impossible to trust a personal injury lawyer." Them's fightin' words, Zalco. :)

But I do agree with you and so does DH. Personal injury is just a small part of his law. He graduated #2 in law school and was on the Law Review, but he knows how not to be shady. He always makes fun of personal injury lawyers who advertise on TV.

DH said OK is like Texas. Neither state treats their citizens well. Insurance isn't my thing but he always buys the max for uninsured motorist and liability.

Oly, there's also economic loss, if that's the right term that Best can use. Zalco, is that capped? If there was a loss of life, then you have a wrongful death suit.

Zalco,...DH is napping so I can't ask. Suppose Best doesn't hire an attorney and neither her or the boy's insurance offered to her agreed not to give her the max insurance will pay. Happens all the time. Insurance companies are just as sleezy as lawyers, with two exceptions. :)

Seriously, I can't stress enough to hire a good lawyer now only because of is age, pre-accident medical condition, and now his current injuries which could effect his lung condition. This isn't small claims.

If you can find where they live and it's a nice house, they have good insurance. Get all you can.

Zalco, I hate to derail this thread too much, but my understanding of liability insurance is to protect your assets. If you don't carry enough liability insurance, then, if you are found liable for a larger amount, your assets can be taken (via a lawsuit). If the amount of liability insurance actually limits what your liability is, that would mean I could carry $20k in liability insurance and pay nearly nothing for that coverage, yet the plaintiff would be limited to $20k in damages? That makes no sense and is not how it works here. I know Texas is unusual in many aspects and much of it makes no sense to me, but I just cannot believe what I think you are saying. I work with my insurance agent to make sure I carry enough insurance to cover potential liability and protect my assets. As they grow, I increase my insurance coverage to protect them.

Insurance laws vary by state.. some are no fault, it just depends. It’s also possible to purchase umbrella liability to cover you when your home or auto liability maxes out.

Wow! So scary! I'm so sorry this happened and am sending healing thoughts your way.

I would probably get a lawyer just to find out how strong the case is with or without the ticket issued by the cop. Not sure how much of the medical bills you will have to bear, but there is such a thing as pain and suffering too.Around here, even if they don't want to jam up the driver by issuing a ticket, they will usually issue a written warning to make it clear where the fault lies.

I was once told tickets aren't a thing when the officer does not see the accident. There may well be something they can charge the driver with but that's different than a ticket. It is worth pursuing if for no other reason than to get this kid off the road. Next time someone may die. He needs more training, practice, maturity is what I hear.

Bestyears, So sorry that you and your husband were victim to this awful accident. Horrible in any event, but so disheartening on your husband’s first hike back from his health issues. Wishing to all a speedy recovery and as fair as possible resolution to all the insurance and legal issues that you are going to face due to the accidents. (( ))

I can't add anything to what others have already said. I just want you to know that I am so sorry you and your husband had this happen to you, especially now when he was starting to feel better. You have been through so much-it just stinks!

I hope his recovery is as quick as it can be and you are able to get him home soon. I will be thinking of you both and your pups, too.

Oly, as a matter of theory, you are correct, but as a matter of practicality, the points Zalco raised are often true. Texas has low liability insurance requirements and pretty generous rules regarding personal and real property exemptions (meaning those assets cannot be used to satisfy a debt or judgment). A lot of folks, especially those who carry lower limits, probably don't have enough assets to exceed what is exempt. People who do have more assets may have them protected by trusts, LLCs, S corps and other fun things, so collecting anything above insurance limits can be tricky, sometimes impossible. In addition, Texas recognizes comparative negligence so that if you are determined to be 20% at fault and the other driver 80%, you can only recover 80%. If you are more than 50% or more at fault, you cannot recover from the other driver.

Liability insurance pays when you are liable for the injuries or losses of another person. It doesn't directly protect your property or assets, but it can prevent people from looking to you and your bank account for that much of their loss. So indirectly -- sort of.

Oakley, you are clearly and strongly biased. I've lived and worked on both sides of this fence.

You can have a situation that far exceeds small claims court limits and not need a lawyer. My family or I have been involved in a number of insurance claims and I'm familiar with many others where full and fair payments have been made without lawyers. I was a witness to one accident where the guy responsible changed his story after he got home and the girl he hit probably needed an attorney but wouldn't be able to get one who would represent her because the claim was too small and there were no bodily injuries. And there was one other situation where DH and I put a friend in touch with a lawyer in another state with a similar situation - driver got scared about accepting responsibility and later changed their story. So I do believe in using attorneys, just not as quickly as some folks would.

BUT -- Bestyears asked for understanding in why a clearly at fault driver wouldn't be given a ticket. There are a lot of reasons, but a ticket merely means you have to go to court and could be assessed a civil fine. It can create a bigger incentive for the person at fault to lawyer up and deny responsibility. It can come into play in insurance ratings or claim settlement, but the police report is probably more important than whether a citation was issued in terms on getting your claim handled. I think that is something that has changed over the years. I know when I was growing up, you expected the person at fault to be ticketed for SOMETHING. Now -- not so much. I'm not defending that or saying one way is more right or wrong -- just trying to have understanding. I'd probably prefer more tickets were issued -- if they stuck and changed driving behavior.

Thank you lascatx for that detailed explanation. Texas is a land unto itself apparently! I feel very sorry for those harmed by others who may have no legal recourse against them.

My brother was one once -- life flighted and given last rites on the way to the hospital. He was just starting a new job, so his medical insurance hadn't kicked in and everything was billed at uninsured rates that were 3-4 times what anyone with insurance would pay even though there was the auto insurance on both sides. DH and I tried to help him with that portion. To add insult to injury, he lost that job because of time away from work. The guy who hit him only had minimum liability and not enough of anything else to try to recover against. I would say it is a god reason to look at what kind of coverage you have for an accident involving an uninsured or underinsured driver and what they call personal injury protection in Texas. When they started offering that coverage, it was a small amounts that were extras. With the cost of cars and medical care, it's become more and more important.

Despite two vm’s, I never receivwd a return call from the Lt. but I will keep on it.

I am sorry this is happening to you. It's literally adding insult to injury. As I wrote earlier, without a lawyer, they are going to blow you off. Have a a lawyer make the call to the police. They won't ignore him.

And as for the police not issuing a ticket when they didn't see an accident, that's nonsense. Laws and customs are local but I remember a friend of mine who was delivered a ticket by a police officer while she was in the hospital recovering from being hit by a car. She had gotten out of a taxi on the street side - which is/was illegal in D.C. - and was hit.

Yes,

gray wings, he repeated that nonsense to us, ”i didnt witness it…” DH said, ”When do you ever witness a crime?” And the investigative akills needed here are minimal. Our vehicle was stopped. his vehicle was slammed into the side of ours and if we hadn’t been there to stop him, his vehicle would have continued on into the children‘s park that was right there. So in other words, he wasn't in the middle of an intersection where timing was the real question. Also, to clarify some earlier comments, the report did find him 100% at fault.

Bestyears, I sure hope you’re both feeling better.❤️

Every time I open this, the pictures give me chills. I’m so frustrated on your behalf. I cannot wrap my mind around how this has been handled.

Perhaps it is as some have mentioned here and citations are given out less? Which is crazy, but I honestly don't know. I'm glad you have the police report and that it puts fault (of course) on the other driver.

@Bestyears how is your husband feeling today? I hope you are less sore too.

Lascatx, thank you for the wonderful explanation.

I don't know how deep your pockets are, but sometimes, regardless of the immediate outcome, having a lawyer present creates a heightened sense of accountability in participants in a dispute, whether it plays out in the end as such in court or not. Again, I would not want this to be someone who is primarily interested in soaking me by draging things out, but perhaps someone trusted and semi-retired who doesn't mind just serving as an advisor on a more limited basis, by the hour. Such folks exist, but finding one is another matter.

While not a personal injury situation, on two occasions the act of engaging a lawyer moved the process forward for us to our satisfaction, even when we did not finalize bringing a suit.

Bestyears. So sorry this has happened!

I don’t understand why serious injuries caused by cars are treated so much more lightly than others.

Meet with Police Chief, Mayor, States Attorney, and then take it to the media. As a citizen, you expect those individuals to do their job and enforce the law.

Unfortunately, even when ticketed and charged, when you get to court too often (based on my first hand experience) guilty parties get off with little to no consequences.

Where is Marvin Zindler when you need him?? (Native Houstonian….)

When it happened to me and I was pregnant and hit by a Cadillac, my car was at a red light and so I was stopped. I was advised to call my state representative and have him help out. My husband called and told the back story and within five days a gentleman came to our house and it was the state rep with the papers that proved the drunk jerk that hit me was getting not only a ticket but other punishments. He also spoke to the jerks insurance company to make sure I was going to get a good settlement, which I did.