My brother was involved in a car crash over the weekend. The driver in the other car was very upset and was yelling about sueing him.
Here are some fact.

My brother pulled out in front of her ,not yielding right of way. He was at fault.
She was driving with no TDL, no insurance, expired inspection, three todlers in back-no car seats.
Can she sue him if she was not supposed to be on the road anyway? She will not have an insurance company to persue my brother but I bet she could find a bottom feeder to take something like this.

I heard about some new legislation about this, but I don't know if it passed.
Opinions???

I think he would be ok, she is gonna have a shitload of fines( no DL, noINS, ect..). she doesn't have a leg to stand on, like you said she shouldn't have been on the road.. but you never know what could happen.. just be ready to lawyer up..

If he's got insurance he'll be fine. She'll sue them, and they'll probably settle it for whatever the ins. will pay.

J

She is the perfect person to sue him. Sorry. She is going to see free money.

It's happening to my Grandmother in law right now.

I would agree with this. If it ever goes to court, she can pitch a sob story to the jury about how hard her life is, doesn't have enough money to support her family, no money to get a DL, insurance, or car seats, the police keep her beat down with constant tickets, etc. She will make him look like the devil for busting up her car.

Courts do not look if you have insurance they just look at who is at fault. She may get a fine for the stuff she did wrong but your bro is still at fault no matter if she was a breaking other laws. Have your bro take notes about what she ssaid and maybe hire a PI to see if they are really hurt or not. That is if things get nasty.

This-his insurance company has money so that is who her contingency attorney will go after.

Thanks for the input.
I figured she would probably sue, but will ned to find a lawyer to do so.
My brother lives in a mobil home and has shit to his name.
Maybe it will stay in the insurance world and leave him out of it.

We need some new laws.
If you are committing a crime, robbery or driving without, you loose all your rights to persue the other party.
I have heard one too many times of the robber sueing the home owner because he got hurt in the commision of the crime.
This sucks.

You bro could also call up every law firm in your area that targets these people and ask them to hear his case. That way they can not take the lady as a client due to conflict of interest. She will be left with a newbie that wont do much.

That works only if the represent her, not if they only consult.

Based on your brother's lack of assets, any contingency attorney will probably look at his insurance company to see what his limits are (max coverage) and the past history of that insurance company to  roll over when someone crys "sue'em".

If he carry's the state minimum coverage or his insurance company is a fighter, few attorneys would touch this case.

Other than an increase in his future premiums, he may not hear another word about the incident.

Just my opinion.

I had a similiar event happen to me.

Fault is fault.

All that other stuff is irrelevant to the
accident.

She'll probably be calling "The Texas Hammer" Jim Adler the fucktard Texas tuff lawyer. I hate that bastard.

+1 on the fault is fault thing
the lady could have been high, drunk, trafficing illegals, selling narcotics, and have no license,  your brother was still at fault for the accident.  Your insurance company will pay her the damage to her vehicle and then look at a BI claim (bodily injury)  If she is claiming injury for her children who werent in child restraints and the child restraints could have prevented those injuries, chances are she will get diddly squat for those injuries, because that shows some comparative negligence on her behalf.  If she wasnt wearing a seat belt, it factors against her.   80% talk a whole lot of shit at an accident scene (trust me I hear it day in and day out as an auto claims adjuster)  If they do seek an atty representation chances are it will get settled out of court.  If for some reason it goes to litigation (which your brother's insurance will pay for the defense), it will still most likely get settled for well below his policy limits even if he does carry minimum.  from what you said the lady got out of the car and immediatly started mouthing off.  she wasnt transported to the hospital.  I guarantee you shes gonna claim soft tissue injury stuff. and pending on where it happened if it ever does go to litigation,  if she's in the DFW area chances are she's not gonna get much money because the DFW area is a venue that  is pretty conservative in injury payouts.  if its down in the rio grande valley, she may get more, but chances are your brother's insurance will get it all taken care of without much stress on his behalf

Its a crappy situation, chances are the lady will get fined out the wazoo for no DL, No inspection yadda yadda yadda,she'll probably  not show to court and a have a warrant put out for her arrest and not much will become of it because if she goes to court the court knows how to reach her and then make her settle up on the other crap she skipped out on.

Not necessarily.  I know in car vs truck accidents, if there is ANY reason the truck driver should not be there ie. CDL issues, log issues, stuff like that, they will typically rule against him even though his actions on the scene appear to be without fault.  Of course, trucking companies are usually large and have deep pockets and tractor trailers are big scary monsters

Sounds like a small fender-bender (no mentions of grave injuries, whaambulances, etc..) and well within minimum liability coverage.  Sure, she can find a low-budget attorney who will take the case and do the absolute minimum he has too.  So your brother will get served, he can notify his insurance, and eventually she will get a small settlement from the insurance.  That she has no TDL, no insurance, and kids bouncing around in her vehicle will not even be a factor.  None of this should really effect your brother (except possible rate hike) unless he has no insurance.  If he has no insurance, no smart attorney would even touch the case since his assets are pretty limited.