Legal Question in Civil Litigation in California

Negligence

My husband was critically injured riding an Quad ATV. The owner of the Quad knowingly allowed my intoxicated husband to take it off his property to ride. Another intoxicated person riding a separate Quad, owned by same individual, helped cause the wreck. None of the people involved bothered to call 911 and took over two hours to get my horribly injured husband to a hospital. They also immediately repaired the ATV before CHP could investigate. Had 911 been called, my husband would not be as horribly injured and brain damaged as he currently is. What, if any, legal recourse do I have?


Asked on 9/12/08, 11:21 pm

7 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Negligence

Of course you have grounds for a lawsuit. Whether you can win depends upon all the facts, but it sounds like a good argument for liability. Basically, you have nothing to lose by filing. Feel free to contact me for the legal help you'll need.

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Answered on 9/14/08, 3:18 pm
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Re: Negligence

Sorry to hear what happened to your husband. There are various theories that may apply here which depends on the facts and the details of your husband's accident. Please call us at 213.388.7070 for a free consultation about your case.

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Answered on 9/13/08, 1:30 pm
Herb Fox Law Office of Herb Fox

Re: Negligence

This is a true tragedy, and my heart goes out to you and your family. You should consult with an attorney immediately. While your husband should not have been driving the ATV while intoxicated, the fact that the owner of the Quad allowed him to do so and, especially, did not call 911, probably creates liability. There may be insurance coverage from the owner's insurance policies, including possibly his homeowner insurance policy. If you would like a free consultation, please contact my office.

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Answered on 9/13/08, 6:06 pm
Arkady Itkin Law Office of Arkady Itkin

Re: Negligence

It's possible that his can be handled like a serious personal injury / accident claim with consideration of aggravating circumstances.

I am an injury lawyer in Northern California. If you have any further questions, feel free to contact me.

Thanks,

http://sanfranciscoaccidentinjurylawyer.com

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Answered on 9/13/08, 10:13 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Negligence

I am sorry this happened to your husband. You need to contact and retain an attorney right away, Watch out for legal time limits that can bar your right to recover money if a lawsuit is not filed in time. Depending on the detailed facts many attorneys might well take the case on a full or partial contingency fee basis.

Probably no one is liable for merely letting your husband drive drunk, but there are many other legal theories and avenues of recovery that come to mind.

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Answered on 9/13/08, 1:01 am
Amy Ghosh Law Offices of Amy Ghosh

Re: Negligence

I assume that your husband did not sign any agreement releasing the owner from liability. Where did this incident happen? Owner of ATV owns business or home?If you are in Los Angeles area you can contact me.

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Answered on 9/16/08, 1:06 pm
Judith Deming Deming & Associates

Re: Negligence

You should retain counsel to investigate and file suit. While your husband is not without some fault, your facts suggest there is liablity on the part of third parties. In California there is a statute of limitations of two years from the date of injury for personal injuries based upon negligence, and there may be other legal theories in play.

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Answered on 9/13/08, 1:48 am


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