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05-08-2009, 04:18 PM
| | Member | | Join Date: Mar 2009
Posts: 77
| | | motorcycle accident
What is the name of your state (only U.S. law)? Virginia
my husband had the right of way on a state highway -- 4 lanes each way.
he clearly had the right of way.
someone made a left turn and hit his motorcycle causing major injury.
she was ticketed for failure to yield the right of way on a left hand turn.
almost 2 weeks later, he was given a dui based on the hospital blood screen.
if he is convicted of the dui, does that mean that he will not be able to collect medical expenses from her insurance company? |
05-08-2009, 10:59 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,849
| | | VA is a contributory negligence state. That means if they find that he contributed even 1% to the accident, he can't recover from the other party. However, I don't think that MERELY being DUI would not be contributing to someone else's decision to turn into him. Has he consulted a PI lawyer? That should be his next step.
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05-09-2009, 04:14 PM
| | Member | | Join Date: Apr 2007
Posts: 92
| | Quote:
Originally Posted by ecmst12  VA is a contributory negligence state. That means if they find that he contributed even 1% to the accident, he can't recover from the other party. However, I don't think that MERELY being DUI would not be contributing to someone else's decision to turn into him. Has he consulted a PI lawyer? That should be his next step. | I have this funny feeling that if the male driver was given a dui the insurance companys (especially the female's ins co.) will find him at least 1% at fault especially if there are no witnesses, correct?. |
05-09-2009, 06:08 PM
| | Senior Member | | Join Date: Jul 2007
Posts: 1,274
| | Quote:
Originally Posted by MikeKV I have this funny feeling that if the male driver was given a dui the insurance companys (especially the female's ins co.) will find him at least 1% at fault especially if there are no witnesses, correct?. | I have to agree with you. As unfair as it seems, he'll probobly be at least 1% at fault because his judgement was impaired. In VA, that means he gets nothing!
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05-09-2009, 06:31 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,849
| | | That's why he needs a lawyer.
__________________
Lawsuits are not about justice. They are about MONEY. If you don't want money, then you shouldn't be thinking about suing. And people post here because they are thinking about suing. Because they want money, no matter how much they don't want to admit that to themselves.
-Auto insurance adjuster for 2 years - as of 6/15/09, I am FREE!
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05-11-2009, 01:30 PM
| | Senior Member | | Join Date: Oct 2007
Posts: 2,548
| | | i just cant get over a motorcyclist driving drunk. my husband is a motorcyclist and this idea just blows me away. |
05-11-2009, 03:11 PM
| | Member | | Join Date: Mar 2009
Posts: 77
| | | he doesn't normally drive when drinking -- this is totally out of character for him. he ran into a friend that also drives a bike that apparently makes a habit of drinking & driving, and my husband made a mistake. not blaming the friend or anything -- no one forced him to do anything, just kind of framing what happened. normally, hubby would ride alone or with the harley group out of the dealership.
there were witnesses -- his not so wonderful friend for one, who may or may not be reliable. there were also cars waiting behind the girl who was turning. his friend was riding behind him and barely avoided hitting the car by dropping his bike and sliding behind the car.
we have spoken to a lawyer, it's just nice to get other opinions too. he says that the dui makes things difficult -- which is understandable.
i understand the contributory negligance rule. i just wasn't sure if having alcohol in your system automatically fell under it.
thanks to everyone for answering.
Last edited by slwx; 05-11-2009 at 03:16 PM.
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