What recorse do I have against a drunk driver who caused me to get hurt as a result of something they did?

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What recorse do I have against a drunk driver who caused me to get hurt as a result of something they did?

Earlier this year, my husband and myself received a call from our youngest son. He told us that his and our middle son’s school bus had just been hit by a drunk driver. As a result of this call we ran out of the house to go and check on them. Our middle son at the time was a volunteer firefighter, so he was considered a first responder. He needed his equipment, so we came back home to get the rest of it. However, coming out of the house I came down the steps, started to the car, slipped in the mud and came down straight on my arm. I broke my elbow and have 2 screws in it.

Asked on October 24, 2011 under Personal Injury, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, you unfortunately do not have any recourse against this driver, because he was not the cause of your injury. From what you describe, you slipped in mud and fell--the driver did not cause the mud, or shove you so you were  off balance, or have anything else to do with why you fell apart from being the reason you left your home at that time. But being the reason for doing something does not make it legally the cause or entitle you to compensation from that person. For example, say you fell in the mud going to work--would you try to sue your boss or employer because they were the reaon you left home at that time? Or say you were running late because you wanted to watch the end of the show "The Middle" and rushing out the door, fell--would you try to sue ABC? In this case, the driver may be the reason you were leaving home, but he did not cause you to fall in either a factual or, more importantly, legal sense.


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