Hit by possible drunk driver
My child and I were hit by a gentleman. My son broke bones...this gentleman may not live. He ran a stop sign. Police gave me a PBT which of course was negative. Was told the other gentlemen would receive one as well (due to suspicion) along with a citation. He was combative, incoherent, and biligerant at the scene and at hosp. in ER. I received my report and his results were not listed - neither was the citation. Do I contact an attorney. All signs point to - he was under the influence. My son will never be 100% again and has had facical scarring, broken ankle bones (which had to be reset). If he was not drunk - can I file a civil claim against him or his insurance co?
2 Answers from Attorneys
Re: Hit by possible drunk driver
You can file a claim against the at-fault driver even though he wasn't drunk. If he was drunk, there may be another cause of action under the "Dram Shop Act". Under Michigan No-Fault Law, you have a right to receive no-fault benefits from your own insurance carrier. Please fell free to call my office to set up a free initial consultation to review your rights. (248) 737-700 or (800) LAW-6685. Best wishes!
Re: Hit by possible drunk driver
From the facts you present you would have a civil claim against the driver of the car. If he ran a stop sign it probably wouldn't matter (for a negligence determination) if he was under the influence or not (although it would help your case a great deal). You didn't say whether or not you and your son were in a car, or just crossing the street. I assume, since they gave a PBT, that you were driving a car. Therefore, your son must have injuries which meet a "threshold" of permanent and serious disfiguirement and/or significant impairment of a bodily function. It sounds as though your son may meet both threshold standards - but I would have to see the medical records and view any scarring to give you better opinion.
You should contact an attorney immediately. I have handled cases such as this and I would be willing to consult with you in person free of charge, and in many cases I make home visits (young children are often a bit intimadated by a lawyer's offices), (and regardless of your location).
Please call me at your convienance.
Don Darnell
734/544-7676
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