My Teen Died in a DUI Crash, Can I Sue?
Posted on Feb 23, 2016 9:00am PST
Let's say that your teenage daughter was on her way home from a high school football game. She was perfectly sober as she got behind the wheel that night. About a mile from home, she's in a head-on collision with a drunk driver who swerved out of his lane and into hers.
The drunk driver was driving a large 4X4 truck, while your daughter was in a small compact car. Surprisingly, the drunk driver survived the horrible accident, but your daughter was not so fortunate.
After receiving treatment for his injuries, the drunk driver was arrested on suspicion of driving under the influence and vehicular manslaughter, and taken downtown for booking.
You know the other driver is devastated by your daughter's untimely passing, but now you want to sue for wrongful death, is this possible?
Can you sue for wrongful death?
Car accidents happen for all sorts of reasons, and driving under the influence is one of them. If the driver is facing a vehicular manslaughter charge for your daughter's death, there is clear evidence that his impaired driving led to her fatal injuries.
In order to file a wrongful death claim, you must be able to prove negligence. In the case of a drunk driving accident where a driver is found guilty of DUI, it's not difficult to prove that the drunk driver was responsible. So in this case, yes, it is possible to file a wrongful death lawsuit for your daughter's death.
In this situation, you want to hire a personal injury attorney who would argue that the driver of the truck was negligent by getting behind the wheel and driving while under the influence.
If your loved one was killed in a drunk driving accident, you should speak to a personal injury lawyer about seeking the compensation your family deserves.