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Yolanda: Hi Jason, my husband was in an accident, and it wasn’t his fault. There was a note on the police report about a criminal charge against the other driver. What does that mean for us?

Jason: Hi Yolanda, you can still sue the driver for damages. The criminal charge wouldn’t hinder your case, it may actually help you prove it.

Yolanda: Oh that is good news. I wasn’t sure if we could still sue him if he was in jail or something.

Jason: Even if he does serve time for a charge related to your accident, it is the insurance company that typically pays the claim, so you could still get a fair settlement. Do you know what the criminal charge might be?

Yolanda: I’m not sure exactly. I wasn’t in the car and my husband was taken to the emergency room. The accident happened late at night so I’m wondering if it was a DUI or DWI situation.

Jason: If the other driver was drunk, then its gross negligence.

Yolanda: What does that mean, Jason?

Jason: It means that the drunk driver knew he shouldn’t get behind the wheel but did it anyway. When that happens, he’s subject to a civil allegation of intoxication assault, and if he’s found liable for the judgement, it is not dischargeable in bankruptcy.

Yolanda: It sounds like we would need a lawyer.

Jason: I would recommend working with a lawyer, Yolanda – and I would be happy to take a look at your husband’s case. Even if you do have evidence that the driver was drunk, cases like this can be complicated – especially when it comes to getting the insurance company to pay a fair settlement.

Yolanda: Oh, I didn’t’ realize we had any say in that. I just thought the insurance company pays you what they owe you.

Jason: Unfortunately, that’s not the case, but they might try to present it to you that way. Their objective is to pay out as little as possible. With my help, we could negotiate with the insurance company to cover not only your husbands’ current medical bills, but ongoing therapy or care if he should need it. We could also fight for money for his pain and suffering and lost income.

Yolanda: Thank you, Jason. It sounds like there is a lot more to this than I realized. I need to speak with my husband, first, but I would like your help with this.

Jason: You’re welcome. After you speak him, feel free to call my personal cell and we can set up a time to go over his case. My number is 210-591-9777.

DeSouza Injury Lawyers is a leading personal injury firm representing accident victims throughout Texas.

If you’ve been injured by a car, truck, 18-wheeler, company vehicle, or in the oilfield, call Jason DeSouza personally today at 210-591-9777 or 361-799-2222 or visit the firm online at

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