Home > Research Legal Advice > Car / Auto Accident > My 23 year old son was a passenger in his car the driver was drunk and ...
Asked 4 months ago - Huntington, WV
Flagdriver
My sympathies. Please contact a lawyer in your State that handles Wrongful Death cases. The lawyer will research any and all entities that a claim may be brought against, including the driver. . Remember most States have statutes of limitations which limit the time to bring a claim/suit. Best of luck.
You have my condolences on the loss of your son. To answer your question, yes, suit can be brought against the driver. Assuming he was driving the vehicle with your son's permission, he is insured under the terms of your son's automobile liability insurance policy. If the driver has his own coverage, that too is exposed. Depending on where your son lived at the time of the incident, there may be additional underinsured motorist coverage through resident relative's in the household where your son resided at the time of his death. All of these issues need to be reviewed by a competent personal injury attorney. There is a potential wrongful death claim for the loss of your son and perhaps a personal injury claim for your son himself (through his estate), if he survived for any length of time following the collision. I suggest you contact an experienced personal injury attorney in your area and schedule a face-to-face meeting for a free consultation .
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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.
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