QUESTION
Can I sue a drunk driver for personal injuries?
Asked on May 16th, 2011 on Personal Injury - Florida
More details to this question:
I was rear ended by a drunk driver with a suspended DWI license. He was driving someone else's Tahoe. My car was totalled and i came out with a concussion, bruised and battered legs and now a pinched nerver has been aggravated and both sides of my back hurt now. Who can I sue for injuries? The driver or the SUV owner?
24 ANSWERS
Sam Louis Levine
You absolutely can. As I human being, I am so sorry that you were hit & injured by a drunk driver. It really must have been scary. I would speak to an experienced attorney who you are comfortable with, who is accessible & who will aggressively take up your cause. I wish you a quick recovery & take care.
Answered on May 18th, 2011 at 12:11 PM
Probate Attorney serving East Hartford, CT
at
Leone, Throwe, Teller & Nagle
Update Your Profile
In Connecticut, a drunk driver can be sued for damages caused by his own negligence, recklessness, or violation of the law and in some cases will be liable for punitive or multiple damages. The owner of the vehicle operated by a drunk driver may also be responsible for damages on various theories such as negligent entrustment or agency. The owners' insurance may also cover the driver's negligence depending on the circumstances. You should bring the situation to an experienced personal injury attorney for review and investigation as soon as possible.
Answered on May 18th, 2011 at 11:12 AM
Civil Practice Attorney serving Redmond, WA
at
Magnuson Lowell P.S.
Update Your Profile
The answer is: YES. Not only can you sue the driver, you may also be able to sue the owner of the car. The owner may be liable under theories of agency or negligent entrustment. These are complicated issues - as are your injuries. I recommend you contact a personal injury attorney to assist you. Please feel free to contact me - and I would be happy to talk with you about this matter.
Answered on May 18th, 2011 at 10:18 AM
Theodore W. Robinson
Of course you can sue a drunk driver for personal injuries sustained in an accident caused by him/her. You can also sue the owner of the vehicle that struck your car. Speak to personal injury attorney as soon as possible. Good luck.
Answered on May 18th, 2011 at 10:14 AM
Motor Vehicle Accidents and Injuries Attorney serving Fayetteville, NC
at
Beaver Courie Law Firm
Update Your Profile
Yes. As long as the driver did not steal the vehicle, you can sue both the driver and the owner of the vehicle.
Answered on May 18th, 2011 at 10:14 AM
Personal Injury Law Attorney serving Naperville, IL
at
Law Office of Barry R. Rabovsky
Update Your Profile
You may have a case, based upon the information that you have supplied. We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.
Answered on May 18th, 2011 at 9:51 AM
Personal Injury including Litigation Attorney serving Wilmington, DE
at
Ramunno & Ramunno, P.A.
Update Your Profile
You would sue the driver. You may have a claim against the owner, if you can show the owner cause your injuries in some way.
Answered on May 18th, 2011 at 9:41 AM
Assuming this accident is in Connecticut and that the drunk driver is using the Tahoe with the owner's permission, you can bring a claim against the driver and the owner. Feel free to call if we can be of assistance.
Answered on May 18th, 2011 at 9:41 AM
Bad Faith Attorney serving Orlando, FL
at
Riley Allen Law
Update Your Profile
Yes, both the driver with the suspended license and the owner who entrusted the SUV to him to drive.
Answered on May 18th, 2011 at 9:41 AM
You have a claim as a result of the accident. The interesting question is where will your recovery come from as the issue of insurance coverage is important. An experienced injury and accident lawyer can help sort out the coverage issues. You have multiple avenues for recovery. You should start by looking at your own insurance to see what your uninsured coverage is. Once you determine this amount, you know what the minimum coverage is for the accident. You will then have to find out what coverage the drunk driver has and also the owner of the vehicle. If either of them has more than one vehicle or insurance policy, then there may be more coverage. As you can see, it is complicated and that is why I recommend getting a lawyer involved.
Answered on May 18th, 2011 at 9:32 AM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
you sue the owner and the driver. Sounds like you have a good case. Insurance companies hate DWI cases and they usually settle them. Get you a good PI lawyer or call me.
Answered on May 18th, 2011 at 9:29 AM
3 Awards
You may be able to sue both. You need to contact a personal injury lawyer asap. I will be happy to answer any of your questions in more detail - you can call me, or check out my accident guide available on my website.
Answered on May 18th, 2011 at 9:29 AM
You have a claim against the driver and possibly against the owner of the vehicle. For a claim like this you definitely need an attorney. It sounds like you were seriously injured and going it alone could significantly reduce your monetary recovery. I'd be happy to help you with this case; if you're in Utah, call.
Answered on May 18th, 2011 at 9:28 AM
Automobile Negligence Attorney serving Orlando, FL
at
Kelaher Law Offices, P.A.
Update Your Profile
In Florida, you can sue both. Our state considers a motor vehicle to be a dangerous instrumentality, and both the owner and the driver can be held liable, if the driver had the owner's permission to use the vehicle. With the driver being intoxicated, that allows you to plead punitive damages, which puts the insurance company in a very tenuous position. Go get representation right away, as a good personal injury lawyer will know how to use the DUI to your advantage.
Answered on May 18th, 2011 at 9:25 AM
You may bring suit against both.
Answered on May 18th, 2011 at 9:22 AM
Personal Injury Attorney serving West Palm Beach, FL
at
Personal Injury Law Offices of Joseph I. Lipsky
Update Your Profile
Under Florida Law, so long as the owner of a vehicle gives his permission for someone else to drive his car, both the owner and driver of a vehicle are responsible for any damages caused in a car accident, if the driver was negligent. Assuming the driver of the car that hit you was DUI, you may also have a right to seek punitive damages against that driver. We strongly suggest you speak with an experienced personal injury attorney to discuss your rights. We offer free, no obligation, consultations in cases such as yours.
Answered on May 18th, 2011 at 9:21 AM
Personal Injury Attorney serving Omaha, NE
Partner at
Chandler Conway, P.C., L.L.O.
Yes! First, you will want to file an insurance claim. There are various parties you will need to notify (insurance on the car the person was driving, the insurance company for the person who was driving the car and your own insurance provider) You should contact a car accident injury lawyer right away. Good luck!
Answered on May 17th, 2011 at 10:52 AM
You can certainly sue the driver. You may be able to sue the owner of the Tahoe which hit you. Of you have uninsured or underinsured motorist protection, you may also be able to make a claim against your own insurance. I handle such claims. Feel free to give me a call.
Answered on May 17th, 2011 at 10:52 AM
Wrongful Death Attorney serving Salem, OR
at
Swanson Lathen Prestwich, PC
Update Your Profile
Actually, you potentially bring a claim against both the driver and the owner depending on the circumstances. Really the factor here is what insurance coverage is available. You should seek out an attorney who can help you to maximize your claim and make sure your interests are protected.
Answered on May 17th, 2011 at 10:44 AM
Chapter 13 Bankruptcy Attorney serving Beaverton, OR
at
Law Offices of Alexzander C. J. Adams, PC
Update Your Profile
You have rights against the driver and the owner of the care, and perhaps some other avenues to compensate you. There are strict statute of limitations issues in personal injury cases, so call an attorney sooner rather than later. I provide free consultations in cases like this.
Answered on May 17th, 2011 at 10:40 AM
Employment Law Attorney serving Beverly Hills, CA
at
Dordick Law Corporation
Update Your Profile
You can sue both the drunk driver and the owner of the car. I just handled one of these and if the drunk driver gets convicted of DUI, its good for you and the insurance company will likely settle more easily than the ordinarily would.
Answered on May 17th, 2011 at 10:40 AM
The SUV owner will be the liable party since that is where the insurance lies. The fact the driver had a suspended license will not have much bearing on the accident or liability. However, the driver should receive a criminal driving with license suspended that could have serious consequences since they are probably still on probation for the DUI. A judge could assign additional jail time and fine for breaking probation. Back to your original question the SUV owner is ultimately responsible for your injuries and damage.
Answered on May 17th, 2011 at 10:37 AM
Workers Compensation Attorney serving West Palm Beach, FL
1 Award
You can sue both. You need to call a personal injury attorney.
Answered on May 17th, 2011 at 10:04 AM
Car Accidents Attorney serving Salem, OR
at
Howard W. Collins
Update Your Profile
I am currently representing a man who was critically injured by a drunk driver. Because of the immense injury my client suffered, his damages will probably range into the millions. So the quick answer is yes, you can sue a drunk negligent party for causing you injury. Most automobile cases are more complex than you think from the surface and litigation is long and costly. Gathering all the medical information, hiring experts etc., are things that need to be done, so please consider hiring a lawyer, especially if you have suffered significant documented injuries. Call if you want to discuss.
Answered on May 17th, 2011 at 10:04 AM