What to do if I had my windshield busted by a gravel truck?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if I had my windshield busted by a gravel truck?
I called the police and he was pulled over and given a ticket. He was not tarped and had several other citations. I called the company and at first they were going to pay for it, and now they will not answer my calls. Do I need a lawyer to sue them in civil court or do I file it myself? Are they required to show up to the court date?
Asked on August 20, 2013 under Accident Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You can file the lawsuit yourself and represent yourself in court (appear "pro se"). If the value of the damage is less than the maximum limit for your local small claims courts, this is an excellent option; you would file a claim based in tort, using the form for a small claims summons and complaint. If the defendant (the truck owner and/or driver) does not appear, they will lose by default (like forfeiting a game by not showing up). You should probably name the company owning the truck and the driver personally as defendants, to give you more people to potentially collect from.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.