my wife and little boy were driving going north and an on-coming car going south ran them off of the road. there wasn't any contact between the two vehicles, but after she was run off, a couple miles down the road that car wrecked into a ditch on the northbound lane. the woman was charged with dui and wreckless driving. i have liability insurance only and tried to retain a lawyer, who stated he didn't have the time to take it to court due to running for judge. i live in kentucky. do i have a case against this woman or am i wasting my time?? the biggest issue with proving this i was told is where there was no contact. Before my wife and the officer on call knew about the wreck of this woman down the road, my son described the color and make of the car, that positively matched the womans car. Please let me know if there is anything i can do to get my car paid for??
2006-10-12 01:43:29 · 13 answers · asked by WTF1029 1 in Politics & Government ➔ Law & Ethics
Criminally, probably not. But you can sue her in Small Claims court for under $5000 or $3000 dollars of damages. Civil lawsuits have different burdens of proof and a judge will decide who gets what, if anything.
2006-10-12 01:45:44 · answer #1 · answered by kja63 7 · 0⤊ 0⤋
If she hit a telephone pole or guard rail - it probably is a waste of time. Also, did your wife make a police report? Did she wait for the police to arrive for the DUI accident? Did she make a statment to them? Did she file a claim with her insurance? All these details will help your wife.
Check out this link, it tells you about comparitive negligence for Kentucky. And, other info you'll need to know.
(I know it says medical malpractice, but it just tells how the law applies to medical malpractice. The law is the same regardless and you can see how it will affect your wife)
2006-10-12 02:04:00 · answer #2 · answered by Baby #3 due 10/13/09 6 · 0⤊ 0⤋
Your wife didn't get run off the road. She lost control of the vehicle because she wasn't paying attention to the drunk driver weaving all over the road. If she had been paying attention she could have slowed down and pulled over until the other driver passed. Because of this and no vehicular contact I think you are wasting your time and money trying to sue the other driver.
In the state of Texas your wife would have been ticketed for "failure to control speed", "driver inattention", and "improper evasion". The other driver would have been ticked, fined, and arrested.
2006-10-12 02:55:33 · answer #3 · answered by ModelFlyerChick 6 · 0⤊ 0⤋
If there was no contact you will have a hard case to prove any negligence. I was "involved" in an accident where the other car turned over, but because there was no contact with my car the police said I had no case to answer. This happened in West Virginia.
2006-10-12 01:48:27 · answer #4 · answered by dynotrev 2 · 0⤊ 0⤋
When my brother was 16 he had the same thing happen to him. The main difference for him though was that there were witnesses who chased the guy down. But my parents still had to pay everything (inccluding medical bills for his passenger) I think it's really unfair but I really doubt you can get anything out of this woman. Good luck!
2006-10-12 02:49:06 · answer #5 · answered by . 6 · 0⤊ 0⤋
You're screwed. But you should tell the police that the lady was driving irratically before her accident. It might make a difference in court. But your insurance will have to pay for your car. That's what you have insurance for.
2006-10-12 01:52:35 · answer #6 · answered by sheeny 6 · 0⤊ 0⤋
File a small claim; the fact that the car was accurately described could force a settlement.
2006-10-12 01:56:18 · answer #7 · answered by Anonymous · 0⤊ 0⤋
was there any witness to your wife being run off the road other than your son (who would be looked at as biased) I would say you have a case that would be very difficult to prove.
2006-10-12 01:57:06 · answer #8 · answered by bungee 6 · 0⤊ 0⤋
you don't have a case unless you find a highly motivated attorney.If there was no contact with the other vehicle then your wife just ran off the road.I live near the KY/va/Wva boarder so I know this from exp.
2006-10-12 01:49:31 · answer #9 · answered by rcdc_wva. 2 · 0⤊ 0⤋
File a small claims lawsuit and let the judge decide whether or not you have a case.
2006-10-12 02:02:53 · answer #10 · answered by Carl 7 · 0⤊ 0⤋