How do I sue the drunk driver who hit me and killed my passenger?

Question

I was hit by a drunk driver and his father is the owner of the vehicle. Who do I sue and for what do I sue them for? My car was totaled, I incurred many injuries (some almost life threatening), and the passenger in my car passed.  Please assist as I am not sure how to handle this matter.

Spencer Farris · Answer

That is a terrible situation. Few non lawyers can resolve a case like this properly, and most law firms will do so for a reduced attorney fee.

Thomas Bulman · Answer

You and the relatives of your passenger should sue the drunk driver.

Houston D. Smith III · Answer

You describe a very serious situation and you are wise to consider representation.  Cases which involve drunk drivers by their very nature also then involve punitive damage issues as well as the standard compensatory issues.

Andrew Velonis · Answer

That's what lawyers are for.  Find a lawyer in your area who is experienced in these matters.  He or she will handle it on a "contingency fee" basis, meaning that there are no up-front costs to you and if there is no recovery, you pay nothing.  You can call several of them, and find out who you are most comfortable with.

Jon F. Schmoll · Answer

You have a claim against the drunk driver and perhaps his father depending on  the father's knowledge of his son's drinking.  You also have a claim against your own insurance company for uninsured motorist coverage if there is no insurance on the drunk driver.  You may have al claim against your own insurance company for underinsured motorist coverage if the drunk driver's liability  coverage is less than your underinsured coverage. Both  you and your passenger need legal counsel to  protect your rights.

Stephen Lombardi · Answer

Answer:  You sue someone by hiring a lawyer. But in this instance Im not  sure you have a  case. Your passengers estate, the passengers spouse,  passengers children or  parents would have a case, but no driver has a case for  an unrelated person who  dies because of a drunk driver. You do have a  claim under Iowas dram shop or  civil drunk driving cases. We recently settled  one for $150,000. These are tough  cases, but we like difficult and have had  good success.

Steven Fink · Answer

You can sue both the driver and the owner.  You need to retain a personal injury attorney who will handle all of the details for you.

Kevin Habberfield · Answer

Sorry to hear of your crash. You need an attorney. This is not something you can do on your own. Go see a personal injury attorney in your area right away. This is simply too complicated for a layperson to handle.

Bernard Huff · Answer

If the drunk driver carried automobile/collision insurance at the time of the accident, file a claim with his insurance carrier. Also, you should consult with a plaintiff's personal injury attorney for legal advice and assistance regarding this major accident.

James Kelaher · Answer

You can sue both the drunk driver and the owner of the car. You can get punitive damages against the drunk driver, and the owner of the car, too, if you can prove the owner knew of the driver's propensities to drive while intoxicated.

David Craig · Answer

You should immediately hire an injury attorney.  It is important that someone is looking out for our interest.  The insurance company  for the drunk driver will be looking for ways to protect it's insured.  They will be investigating the wreck.  Someone needs to be protecting your rights.  If you hire an injury attorney they will not make you pay anything until they get a recovery for you.  There are key dead-lines in Indiana you need to be aware of and comply with.  Your best bet is to set up a free consultation with someone who has handles these type cases.

Richard Copeland · Answer

Your primary claim is against the drunk driver himself.  The father could be liable for negligent entrustment if he let the son drive the vehicle when he had reason to know that the son wasn't a safe driver or capable of driving at the time.  You have three years in Colorado to bring your claim, but I would find an attorney now.  It would also make sense for your passenger's survivors to hire an attorney, and there is no reason from the facts you've set out so far why the same attorney couldn't represent both you and your passenger's survivors.

David Ayer · Answer

You may sue the driver and possibly the owner. Most likely you will be litigating against an insurance company. Matters like these are unlikely to go to trial. If the other driver was drunk, and particularly if charged with OUI, and if there is no question that you are not partly at fault, this matter should settle out of court. The family of your passenger can bring suit for wrongful death.

Eric Lampel · Answer

Immediately hire a good experienced personal injury lawyer.  Both the drunk and the owner of the car could be liable, personally and with their insurance.  Your insurance also could be a source of coverage in the event they are uninsured or under-insured.  We are here to help you.

Mark Leonardo · Answer

Sorry to hear about the loss of the passenger in your car.  This is obviously a serious matter.  You need to retain an attorney as this is not the type of case to handle yourself.  Hopefully the other car was adequately insured and you were insured too.  So long as you had insurance, you can make a claim for your personal injuries.  If your insurance company already took care of your car, your insurer will pursue the other driver and/or his insurance company for reimbursement.  The lawyer you hire will pursue a claim as well.  You can sue both the driver and the owner, but the owners liability is extremely limited.  If the other driver was not insured or was underinsured, your policy will kick-in to the extent there is a difference (i.e., if he had a $15,000 policy and yours is $50,000, your carrier will pay up to the difference of $35,000).

Francis Paul Hajek · Answer

In a serious drunk driving car accident, you should contact an experienced lawyer to guide you through the process.  There are 2 claims, one for you and one for your passenger.  The passenger's executor need to pursue the wrongful death claim.  You have a personal injury claim and a recovery will depend a lot on available insurance coverage and what assets the defendant has.

Linda Chalat · Answer

You will have a claim against the driver of the vehicle and perhaps the owner of the vehicle depending on the age of the drunk driver and his relationship to the owner.  This is a serious accident and your best interests would be served by contacting an experienced car accident attorney.  The insurance company providing coverage for the father's vehicle will probably contact you for a statement - do not speak to the insurance representative until you have spoken with a personal injury attorney.  In many cases, a quick settlement is offered by the offending driver's insurance for significantly less than your claim is worth, even after paying attorneys fees you will most likely be much better off with an attorney.  And most personal injury attorneys will provide you a free initial consultation and will handle the case on a contingency fee basis, you only pay attorneys fees if the lawyer successfully collects on your behalf.  When choosing a law firm, look for one that provides personal attention to your case by an attorney - not a large "stack them deep, and settle them cheap" firm where a paralegal will do the work.  Keep in mind that you have three years in Colorado in which to file a claim arising from a motor vehicle accident.

Gary Moore · Answer

When in doubt sue everyone who might be liable. The estate of the passenger who died has a potential wrongful death case. There also the question of where the driving had been drinking. If at a bar, sue the bar. If at a party, sue the homeowner.

Mark Sternlicht · Answer

You should consult an attorney who is experienced in handling cases involving motor vehicle collisions.  You probably have claims against the driver and his father, and, depending on the facts, it is also possible that you may have a claim against a person or establishment that served alcohol to the driver.

Paul Whitfield · Answer

If the drunk driver was at fault in causing the collision you have a case against the driver and the father (assuming he authorized or permitted the son to use the car as he likely did). There is a claim for wrongful death of your passenger which must be brought by his personal representative appointed by the court for such purpose. Any funds from the death case would go to his heirs. You really need a good personal injury lawyer to help you. You cannot do this alone very well. Don't talk to anyone now except your doctor and your lawyer and make sure you get the very best medical care available and make sure you do what the doctor orders.

Richard Lowell · Answer

These are very complicated matters to handle - from a "who do I sue" standpoint - to a "what am I entitled to" standpoint, and more.  The fact that you are seeking out the advice of an attorney is telling and smart! You do need a qualified personal injury attorney - such as myself - to assist you in this claim.  The short answer to your direct question is:  at the very least, you would end up making a claim (suing) the drunk driver. You may also sue the father/owner - but more information would need to be uncovered to determine whether the father is also liable.  There may be others also responsible.  For example, if the driver had been drinking at a bar - and was apparently intoxicated - the bar can be liable, too.  And if you had underinsured motorist coverage on your own car - your own insurance company can be liable, too.  Many of the medical expenses for you should be covered by your own PIP insurance coverage on your car.  That coverage would likely also pay for your passenger's medical expenses (if any) and funeral expenses.  Eventually, you would be suing for your past and future medical expenses, past and future wage loss (if any), disability, past and future pain and suffering, loss of enjoyment of life - and more.  A claim by your passenger's estate is also available - but much more complicated - depending on many factors such as whether your passenger survived a short while before passing, the age of your passenger, the employment status (or anticipated status and/or education) of your passenger, and the status of the surviving family members.

Syed Raheen · Answer

First and foremost, make sure you seek medical treatment.  Regarding legal issues, you would sue the person who wronged you.  There are many factors that need to be considered in order to properly evaluate this case.  You should not give any statement or sign any document for the insurance company.  I strongly urge you to contact an attorney to ensure you get what you deserve.

Orman Kimbrough · Answer

In Florida, normally an owner as well as the driver may be responsible for the damages and injuries caused by the driver.  You may pursue your claim against both the driver and owner.  Also, you would want to know where the drunk driver obtained the alcohol and under what circumstances.   You should notify your insurance company of the wreck immediately if you have not done so already.  Florida has specific laws regarding the death of people and the claim would be brought by the personal representative on behalf of the relatives of the passenger whose rights are listed in the Wrongful Death laws. To protect your rights, you should consult with a Personal Injury lawyer as soon as possible.

Howard Mishkind · Answer

The driver of the vehicle is the person that you would sue.  If the father knew that his son was intoxicated and allowed him to operate the car he may be liable as well for negligent entrustment.  I have represented individuals that have been seriously injured in auto collisions due to intoxication.  Depending on the circumstances, you may be entitled to recover punitive damages to punish the driver and compensatory damages for your personal injuries.  It will be important to talk to an attorney promptly as there can be issues of insurance coverage depending on the language of the policy.  The family of the passenger in your car has a claim as well and that claim would need to be pursued by his or her family.  An estate through probate court will need to be opened on behalf of the estate of your passenger.

Jeffrey Wong · Answer

Any personal injury case has three parts: (1) Liability; (2) Damages and (3) Coverage.  First,  liability.  You need to demonstrate that your injuries and losses were caused by the fault of someone else. I would need to know more about what the drunk driver did in your case to respond in your particular case.  Second, damages.  Your post indicates you were severely injured and you would like to know what you could make a claim for.  Under the law of Pennsylvania, you can make a claim for economic damages (i.e. medical bills, lost wages) and non-economic damages (for physical injuries to your body). The extent of those damages depends on what you have lost.  Third, coverage, there are many aspects to consider on this issue and they all start with understanding the available insurance in your claim. Your rights regarding compensation are established not only by the insurance held by the other driver (or his father) but also the insurance in your own household.  Understanding the priority of applicable insurance is an essential component of a successful claim.  I would suggest you contact an attorney to begin analyzing whether you have a case. You should also be aware that there are strict time limits under the law that require you to act promptly if you choose to make a claim.

Vincent Bernabei · Answer

You have a major personal injury claim and your passenger has a major wrongful death claim.  You will need the assistance of a skilled attorney, who will maximize your financial recovery from all who are responsible after this life-changing incident.  The driver and owner of the vehicle that hit you are liable for damages.  There are or may be others who are also responsible for your injuries.  While you recovery physically and emotionally, you should have an attorney protect your legal rights and ease your stress while you are recovering from your injuries.

Eric Chandler · Answer

There are actually two claims: (1) your personal injury claim and (2) your passenger's wrongful death claim.  Unless you are related, the passenger's claim is not your claim to pursue.  Someone else would have to pursue the wrongful death claim on his/her behalf, such as a surviving wife or child.  You should contact a car accident injury lawyer in your area sooner vs. later.

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