What is a family’s responsibilityif their child as an accident?

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What is a family’s responsibilityif their child as an accident?

I was in a auto accident and I was the passenger. I was badly and hurt real bad. The driver and I were engaged and she died. Can I sue her family?Her father made a statement to the police that she was, “seldom allowed to drive the truck”. I was passed out at the time and she was drunk (double the limit ;.166) Since he said that, do I have any case? He also tried to trick me into saying that I was driving at the time of the accident. I was in the hospital for 10 days.

Asked on October 5, 2010 under Accident Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your loss and for your situation.  You need to seek help from a personal injury attorney in your area right away.  Consultation as to the case should be free.  Generally you would sue the owner of the car and the driver (here the estate of the driver) for the injuries that you received.  California is a fault-based state and how that will play in to the facts surrounding the accident will remain to be seen.  You did not state what the car you were in came in o contact with (another vehicle, a guard rail, etc.) so it is unclear if you will be suing another party as well.  The attorney will be able to best answer your questions.  Good luck.


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