Can I sue the man that hit my car with my six year old daughter in the back seat, and the man who hit me was arrested for DUI.

Asked about 2 years ago - Frankfort, IL

There isnt much damage to my car but my daughter was and still is very frightened from the accident. Im not sure yet if the man had a valid license and insurance.

Attorney answers (6)

  1. 10

    Lawyers agree

    Answered . Certainly if either you or your daughter were injured and received medical or psychological treatment, you could pursue a claim or lawsuit against this man, perhaps having potential for punitive damages if you could prove intoxication. Get treatment and visit an injury lawyer if so. However, if no physical injuries resulted and your daughter hasn't required counseling, the damages are negligible.

    Stephen L. Hoffman
    Law Office of Stephen L. Hoffman LLC
    Chicago, IL

    This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client... more
  2. 11

    Lawyers agree

    Answered . I'm sorry to hear about this. If either of you sustained injuries, you should retain a local personal injury lawyer to pursue a claim.

    Only 29% Contingency Fee! Phone: 215-510-6755
  3. 9

    Lawyers agree

    Answered . If you or your daughter are injured, seek medical care and contact a personal injury lawyer in your area to review your possible case.

  4. 8

    Lawyers agree

    Answered . You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.
  5. 7

    Lawyers agree

    Answered . I am sorry to hear about your car accident and I hope that you and your daughter will be okay. The most important concern is to make sure that you and your daughter receive the medical treatment that you need, including psychological help if your daughter’s fears remain.

    You may be able to pursue compensation from the person who hit you. To prevail in a claim, you need to prove that the other driver bears some or all of the liability for causing the accident. You will also need to prove that you or your daughter suffered substantial damages. You can pursue the other driver for property damage, lost wages, unpaid medical expenses and pain and suffering, among other damages. The value of the damages will depend upon the actual damages you incur. If you have minimal or no injuries, then there are no damages to pursue.

    I suggest that you consult with a local personal injury attorney. The consultation should be free.

    The Schlitt Law Firm and Carol L. Schlitt provide answers for informational purposes only. If this answer is... more
  6. 5

    Lawyers agree

    Answered . Sorry to hear you and your daughter were involved in a car accident. If you are both hurt, please get medical attention. After your treatment, contact a personal injury lawyer to discuss your case. Do not make any statements to the other party's insurance company. take pictures of your injuries and of your car and give them to your attorney. Best of luck.

    This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492.... more

Related Topics


The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

DUI and civil lawsuits

Drivers who injure or kill someone while under the influence can face more than criminal penalties--they may also be sued by their victims.

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