QUESTION

Could I sue a drunk driver?

Asked on Apr 21st, 2015 on Personal Injury - California
More details to this question:
My son was driving home one night after a baseball game and was hit by a drunk driver. He was in the ICU for a week, and is now confined to a wheel chair. I live in California and would like to know what my options are.
Report Abuse

4 ANSWERS

I am sorry for what happened. Your son can definitely sue, and if the other driver is convicted of a felony [one year or more in state prison] in regards to the accident, the drunk driver is also liable for your attorney fees. Find out who his insurance carrier is and the policy limits; if they are low [about 20% have no insurance, 30-40% only $15,000] you might eventually want to settle for the limits but first find out if the driver has any assets you can go after or a well paying job. Also find out if his own insurance coverage includes uninsured or under-insured coverage so will pay him something. Then go and see some person injury attorneys and see what they can do for you. If the policy limits are low and the other driver has very little, you might have to settle for the insurance coverage.
Answered on Apr 21st, 2015 at 7:12 PM

Report Abuse
Personal Injury Law Attorney serving San Diego, CA at Law Office of Robert Burns
Update Your Profile
I seem to recall already answering this. You have no option except to sue for your own loss of consortium about which you didn't mention. Your son must proceed on his own claim for his injuries; if he is a minor he would do that through a guardian ad litem. Only if the suit it needed (e.g., to avoid bar by the statute of limitations) should a lawsuit be used. Your son needs a lawyer. The drunk should be prosecuted through conviction with an award of restitution to your son for his economic losses.
Answered on Apr 21st, 2015 at 7:06 PM

Report Abuse
Edwin K. Niles
You should have a free conference with an injury lawyer. Your son is entitled to have all his medical expenses paid, as well as compensation for his pain and suffering. Pray that the drunk driver has more than the minimum coverage ($15,000), and if not, that you have UM and UIM coverage in higher amounts. Your local bar assn. can refer you to a lawyer in your area if you don?t know one.
Answered on Apr 21st, 2015 at 5:22 PM

Report Abuse
I'm sorry to hear what happened to your son. Your son can pursue a case against the drunk driver and his insurance company. You should speak with a few attorneys
Answered on Apr 21st, 2015 at 5:21 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters