Can Passengers of Drunk Drivers File Car Accident Lawsuits in Tampa?
If you were injured in a Tampa DUI crash while riding as a passenger, you might wonder whether a lawsuit is possible. By knowingly entering a vehicle operated by an intoxicated driver, did you forfeit your right to take legal action? What if the driver is a friend or a family member? Is a lawsuit still justified? You might want to discuss this topic alongside an experienced Tampa car accident attorney.
Knowingly Riding With a Drunk Driver Could Fall Under Comparative Negligence
There is considerable debate over whether knowingly riding with a drunk driver decreases your total compensation. Under Florida’s comparative negligence laws, the court can reduce your total compensation if you partially caused your own injuries. Insurance companies might try to argue that since you knew your friend or family member was drunk and you decided to get into the vehicle anyway, you are partially to blame for your own injuries.
On the other hand, some lawyers argue that a passenger is never to blame for their own injuries. The logic is simple: If you were not behind the wheel, you had no control over the vehicle and therefore played no contributory role in the crash.
Lawyers also note that it is extremely challenging to prove that someone knew their driver was intoxicated before a crash. After all, the average passenger does not carry a breathalyzer device around with them to test their drivers. You could always claim that you had no idea the driver was intoxicated, and there would not be much that insurance lawyers could do to refute this claim.
Should I Sue the Driver if They Are a Friend or Family Member?
If they are a true friend or family member, they should understand how desperately you need compensation. Passengers often suffer life-altering injuries in DUI crashes, and you may need to file a claim in order to pay your medical bills, missed earnings, and other damages. The role of insurance may prevent your friend or family member from having to pay these costs out of their own pocket.
If you’re worried about destroyed relationships, you may feel lasting bitterness toward the driver in the future if you decide not to sue and face serious hardships as a result. That being said, it may be challenging to sue if your family member lives in the same household as you and is covered by the same insurance policy. Speak with an experienced auto accident attorney to determine the next potential steps.
Can a Tampa Car Accident Lawyer Help Me?
If you’re wondering whether a lawsuit might be possible, consider discussing your unique circumstances with a Tampa car accident lawyer. These legal professionals may be able to guide you toward fair compensation, even if you knowingly entered a vehicle driven by an intoxicated individual. Learn more by contacting Anderson & Anderson at 813-251-0072.
Sources:
fox13news.com/news/tampa-man-arrested-double-fatal-lutz-crash
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.htm
