What can we do about injuries to my husband caused by his trying to avoid an accident?

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What can we do about injuries to my husband caused by his trying to avoid an accident?

My husband was in an accident. A drunk man got out of a car on the highway and was hit by another car. My husband try to avoid hitting him as he lay in the highway but unfortunately hithim anyway and ran into a divider (several times). His car was totalled and he has severe pain in his lower back, hips and knees.

Asked on January 19, 2012 under Personal Injury, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

First, if you have insurance that would apply, submit a claim--that's always the easiest way to receive compensation.

Second, if you don't have insurance covering all the property damage, medical costs, injuries, etc., then you may be able to sue the drunk individual for any out of pocket losses (e.g. unreimbursed medical costs, lost wages, pain and suffering, car damage) you suffered. He was negligent, or unreasonably careless, in getting out of a car on the highway (people are not allowed to use their own intoxication as a defense to liability; they are still responsible, since they chose to indulge); that negligence was a proximate cause of your accident, since the accident occured due to his acts. Therefore, you may be able to hold him liable.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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