QUESTION

Husband was hit by a car by a man who blew a .07 BAC. Can he be hekd liable?

Asked on Apr 06th, 2014 on Automobile Accidents - Indiana
More details to this question:
My husband was standing on the side of the road and was hit by a van, breaking off the side mirror. He had to go to the ER where they said he had sevete bruising of the ribs. The man driving was given a breathalizer and blew .07. He was then allowed to call for someone to come to the scene and pick him and the vehicle up. My husband has not missed worked but suffers daily due to the pain. It has been 9 days since it hapoened and his symptoms are worsening. When he moves he has a popping in the injured area causing extreme pain.
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2 ANSWERS

If you have not yet done so, I strongly encourage you to speak to an experienced personal injury attorney about your husband's case.  The other driver's insurance company will be investigating the accident, and it is important to have someone on your side when dealing with their insurance representatives.
Answered on Apr 12th, 2014 at 11:50 AM

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Dear Anonymous: If you have not already done so, you and your husband will definitely want to contact an attorney immediately to discuss the circumstances of the incident and evaluate the merits of bringing a third-party liability claim against the driver who struck your husband.  If your husband had a right to be standing where he was standing at the time of contact, and if it was reasonable to do so, then it would appear that the other driver was negligent and could be liable for your husband's damages, including medical expenses, lost earnings, and/or non-economic damages such as pain and suffering.  Additionally, if your husband has automobile insurance and carries uninsured/underinsured motorist coverage, there may be additional funds available to cover his damages in the event that the other driver lacked insurance or had minimal coverage.  It would be necessary to examine your automobile insurance policy to see if such coverage applies under this scenario.   An experienced personal injury law firm can help you navigate the insurance process and ensure that your husband has a fighting chance for compensation as Indiana law allows.  We welcome your phone call to discuss the facts of your claim through a free consultation.   I hope that your husband feels better with time and that he seeks the necessary medical attention while the injuries are still recent.   Sincerely, Lance R. Ladendorf, Esq. Ladendorf Law (317) 842-5800  
Answered on Apr 07th, 2014 at 3:18 PM

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