Parents always seem to emphasize to their teens, “Don’t get in a car with anyone who has been drinking.” However, these same parents may ride with someone who has been drinking on numerous occasions. Driving home from the club, a game or dinner may mean riding in a car with someone who is impaired. Even if the driver doesn’t appear ‘drunk’, the simple fact that they had been drinking could have repercussions in the event of an accident.
Being hurt while voluntarily riding with a driver who had been drinking could leave passengers completely responsible for all of their own medical bills. The insurance company will state that knowledge of the driver’s drinking implies that you assumed the risk of injury. This is definitely one of the times when a lawyer should be consulted prior to talking to the insurance company. Medical bills can add up quickly and treatment may be needed for a lengthy period.
What if you were the driver, had been drinking, and then injured in an accident? The insurance company will strongly defend their position that the drinking was the cause of the accident and thus they are not responsible for paying any claims. The best defense is to show that the accident would have happened in the same way if the driver had not been drinking. This can be difficult but is certainly possible for experienced Personal Injury Lawyers. For example, a mechanical defect could have been the direct cause of the accident. Bad road conditions or laser-bright oncoming headlights could be responsible. A thorough investigation will be needed to determine exactly what happened and prove the case. For more details, visit Jonna Spilbor Law.
