Legal Question in DUI Law in California

Dui

My son was a passenger in a car, the driver of the car was under the influence of cocaine and other substances that I don't know. My son was killed in the crash and unfortunatly the driver was killed also. The car have insurance on it. Is it possible to sue the owner of the car? He gave the driver of the car permission to drive knowingly he did not have a license.


Asked on 6/24/08, 4:34 pm

6 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Dui

I am terribly sorry your son was killed. You need to contact a personal injury lawyer as soon as you feel you are able. The lawyer you select will handle finding the insurance and other possible sources of recovery. I would be pleased to help you with this if you so desire. Watch out for legal time limits, and don't talk to the other peoples' insurance companies.

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Answered on 6/24/08, 4:43 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Dui

One other thing, yes, if someone gave an unlicensed driver their car, that person is guilty of "negligent entrustment" and is liable without limit for the damages caused by the accident. In your case, any recovery from such a person would depend on whether he has assets and/or insurance.

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Answered on 6/24/08, 4:55 pm
Gordon Fauth Fauth Law Offices

Re: Dui

I'm sorry about your loss. Yes, you can sue the owner of the car for negligent entrustment. Vehicle Code 14606 and 14607 are also directly on point when it comes to someone allowing an unlicensed driver to drive his car. You should speak to an attorney in or near the county where the accident occurred or where the owner of the car resides. If that is in Northern California, feel free to contact us. Tel: 510.238.9610

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Answered on 6/24/08, 5:19 pm
Terry A. Nelson Nelson & Lawless

Re: Dui

Yes, you can, and you should, sue the registered owner[s] for your son's wrongful death, and you should name and sue the driver, through his estate, at the same time. Under the facts you stated, there may not be any max limit imposed on your recovery from the registered owner[s] because they allowed an unlicensed driver to use the car. If the driver has any assets, such as life insurance, bank accounts, houses, cars or other property, you may be able to recover from him as well. He may have auto insurance as well that would apply. Please feel free to contact me for the legal help you'll need, as this should be a worthwhile case, that needs to be done on principle as well as economics.

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Answered on 6/24/08, 5:54 pm
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: Dui

What a horrible story. Sorry to hear about your loss. Consult a personal injury attorney ASAP.

Feel free to contact my office if you would like to pursue the matter.

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Answered on 6/24/08, 7:55 pm
Roland Perez Perez & Perez

Re: Dui

I am sorry for your loss. Yes we can help I would need to read the police report and find out if there is anyone else to sue. Yes the owner of the car is one. Were any other vehicles involved, what was the condition of the street or highway?

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Answered on 6/24/08, 11:27 pm


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