Two injured in rollover crash near Sebastian

The Texas Department of Public Safety (DPS) reports two people were hospitalized following a September 2 rollover crash near Sebastian.

The crash was also reported by the Willacy County Sheriff’s via a social media post which stated the one-vehicle accident happened around 5:00 p.m. in the northbound lanes of the Highway 77 floodway crossing.

According to DPS, the driver lost control of the vehicle, but it did not state how the driver lost control. The driver and one passenger were hospitalized with non-life threatening injuries, according to a spokesperson.

Additional details of the crash were not immediately available.

Can passengers sue the driver following an accident?

Depending on the facts of how the accident occurred, passengers in a one-vehicle crash can make a claim against the driver for their injuries.

The passenger’s standing will ultimately depend on where fault is assessed. If the driver of the vehicle that the passenger was riding in is found wholly responsible for the accident, the passenger is eligible to make a claim against or sue the driver based on the suffering they’ve endured as a result.

In some cases, the passenger could be found partly or even wholly responsible for causing the crash. An example would be if the passenger pulled on the steering wheel as a prank, and caused the driver to lose control.

Fault in a Texas car accident can sometimes be difficult to determine. After an accident, each party will submit their statements of the events for the police report. To file an insurance claim or injury lawsuit for the accident, the victim must prove the negligent driver was at least 51% responsible for the accident that caused their injuries.

Family members and minimum liability

Additional complications may accompany Texas car accident cases involving passengers who also happen to be family members — especially when dealing with car insurance.

Insurance companies may cite family member exclusion rules, which are intended to prevent spouses, children, and other family members from making claims against the responsible driver’s policy.

In reality, however, such rules are not enforceable in the state of Texas up to the minimum amount of coverage mandated by the State. In fact, the Texas Supreme Court has explicitly ruled that the state’s minimum liability mandates require insurance companies to honor injury claims involving family members, at least until the minimum limit is reached.

Contact J. Gonzalez

Needless to say, making a claim against the driver of a vehicle in which you were riding can be legally tricky business. The J. Gonzalez Law Firm can help you sort through the facts of your particular case to determine if you have standing to bring a case.

That can often be done during an initial consultation, and you won’t be charged anything for such a consultation. Contact J. Gonzalez today via this website, or by calling 1-800-CAR-CRASH.

Source: https://www.krgv.com/news/dps-two-hospitalized-in-rollover-crash-near-sebastian