If you are involved in a crash with a drunk driver, you may wonder how you may seek compensation for your injuries if the driver is deceased. This is especially true if the driver does not carry auto insurance. However, if the other passengers in the vehicle did not intervene to stop the driver from driving while intoxicated, you may be able to sue the passenger for negligence.
Criminal and Civil Liability
Some states are starting to hold passengers accountable if they allow the driver to drink and drive. This is known as "culpable negligence" and can lead to up to 60 days in jail. If you are considering seeking compensation for your injuries, the fact that the passenger was charged with culpable negligence can help you in your case.
However, even if the passenger is not charged with culpable negligence, you may still win a case of civil negligence because the burden of proof for a civil case is different than that of a criminal case. For a criminal case, the defendant must be proven guilty. For a civil case, the evidence must show that it is more likely than not that the defendant was negligent and caused damages for the plaintiff.
Negligence
To determine negligence, the defendant must be found to have a duty to act. If the defendant has a relationship with the driver, such as a friendship, the defendant might be considered to have a duty to prevent the driver from drinking and driving. The breach of duty must then be tied directly to damages suffered.
Damages for a Drunk Driving Accident
In a car accident, your vehicle will likely be damaged and you will be entitled to compensation for the cost of repairs. If the vehicle is damaged beyond repair, you may be entitled to compensation for the full value of the vehicle. If you are injured, you will also be entitled to compensation for medical bills, future medical bills, and pain and suffering.
If you are unable to work, you may be entitled to compensation for lost wages and lost future earnings. Also, if someone you cared about passed away due to the drunk driving accident, you are entitled to compensation depending on the relationship you have with the deceased. If you would have received an inheritance, you may also receive compensation that way.
To learn more about if you have a case, contact a personal injury attorney near you.
