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What to do if You’re a Passenger with a Drunk Driver and Involved in an Automobile Accident

Written by on Monday, August 20, 2018 at 3:03pm

Passenger in a Drunk Driving AccidentAlthough you know that being drunk behind the wheel is not a good decision to make, you might find yourself as a passenger of someone who is under the influence.

If I am the passenger of a drunk driver and am injured in an accident where no other cars are involved, do I have a claim?

Yes, you have the right to pursue a claim for your injuries against the driver of the car, the same way you would if the driver was not intoxicated.  However, if you willingly got into the vehicle knowing the driver was under the influence, that does create some challenges on many fronts, and can have a significant impact on the success of your claim and the damages that you can recover.  Despite those challenges, if you are injured as a passenger in a drunk driving accident, you still have the right to file a personal injury claim.

If I am the passenger of a drunk driver and am injured in an accident where another car is involved, with that driver also being impaired, who can I pursue a claim against?

If both drivers involved were under the influence and they share responsibility for the accident, you could pursue a case against both of the drivers.  If one or the other is at fault, your best recovery typically would be against the at-fault driver.

If you find yourself in this unique situation, the attorneys at Bentoff & Duber know the ins and outs of the legal system that could cover your injuries surrounding car accident claims. Call 216-861-1234 or submit a contact form for a free consultation.

Injured during a motor vehicle accident that does not involve alcohol? Check out these other blogs on motor vehicles accidents:

About the author: Brandon Duber, a Partner with Bentoff & Duber Co., LPA, is a lawyer with proven experience in the courtroom and expertise in the areas of workers’ compensation, criminal defense, personal injury and medical malpractice law. He received his B.A. from Skidmore College in Saratoga Springs, NY and his J.D. from The Case Western Reserve University School of Law in Cleveland, OH.

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