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 12 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.
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