Does DUI mean more compensation?

[better08]

What is the name of your state? Tennessee
My husband and I were traveling on Interstate in Tennessee. Other driver crossed median and spun into us. Hitting us head on. My husband recieved minor injuries bumps and bruises but I have fractures of the spine at T2,3,11 and sternum , severe neck sprain, among other lesser injuries and I had back sugery on 1-08-08. The accident happend on 12-15-07. What caused him to cross the median was unknown as he was killed, until the officer informed us on 1-26-08 that the driver was .11 DUI. Does this make any difference in compensation for the injuries?

 

[ecmst12]

Your compensation is based on the severity of your injuries, period. It is not based on the severity of the violation leading to the accident. Your injuries are pretty serious, so I would definitely advise you to consult a lawyer.

 

[better08]

Supposedly he was on his way to work, reported by his family. If they knew he was drunk wouldn't it be their duty to keep him from driving? Therefore a possibility of punitive damages?

 

[ecmst12]

Punative against whom? He's dead, isn't that punishment enough? No, it was not his family's responsibility to keep him from driving. Even if he was a minor, which you didn't mention, he still had free will and chose to get behind the wheel himself. If he was drunk on the way to work, chances are he was an alcoholic. Alcoholics can be very good at pretending to be sober, so his family may not have even KNOWN he was drunk.

 

[FlyingRon]

If he had drunk at work or he was driving in the course of work you'd have a claim against the employer, but it still doesn't affect the amount damages you have.

If he's 100% liable, it doesn't matter how egregiously liable he was. You can't collect more than 100%.

 

[ecmst12]

At least you can rest assured knowing he will never drive drunk again.