Wrongful Death, Do I have a case?

[jds8]

I live in Indiana and i was wondering if I have a case. this is what happened. My father and stepmother were in motorcycle accident and my father was killed. He ran a stop sign and hit a vehicle. My stepmother was fully aware that my father was under the influence of alcohol. My step mother told me that she was sober that night. He may have also been taking medication that recommends that you don’t drive while taking it? My stepmother is a registered nurse and would know that he shouldn’t have been driving on the medication or even under the influence of alcohol. The title of the motorcycle is only under my stepmother name. To top it off, my stepmother knew that my father didn’t have a valid driver license because of a previous DUI. Can the kids of the father sue the stepmother for wrongful death?What is the name of your state (only U.S. law)?

 

[ecmst12]

Stepmom was an idiot for getting on the bike with an intoxicated driver, but that only makes her responsible for her own injuries, not anything else. HE made the decision to drive.

 

[swalsh411]

He died because of his own irresponsible decisions. What would you have expected her to do?

 

[jds8]

Is it not true that the owner of a vehicle is responsible for what happens in it or on it (except, if it was stolen)? If this is true, then wouldn't my stepmother be responsible for letting other people operate it? If she gave permission to another person to operate it and she knowingly let someone intoxicated use it, isn't that negligence on her behalf?

 

[ecmst12]

Stepmom was not responsible for preventing your dad from driving drunk.

 

[sandyclaus]

If an owner of a vehicle loans a vehicle to another person they know is incompetent, reckless or unlicensed, they can be liable for their action. The key is that the owner must know this before loaning the vehicle. Also, the owner must have given permission to use the vehicle. Express permission is when the owner says, "Take my car." Permission may be implied from the actions of the owner, such as a failure to object to the driver's use of the vehicle. Either type can be given.

Although driving records may be used to show the driver was incompetent, reckless or unlicensed, the record can't be used to show negligence at the time of the incident. In other words, just because someone has a record of a behavior, doesn't mean it was the actual cause of a current incident.

However, intoxication at the time of the loan may be sufficient to prove recklessness or incompetence.

Based on this, since the stepmother was the registered owner of the bike, she COULD be held liable for the accident if it can be proven that she knew the husband (father) was intoxicated, and especially if she loaned the vehicle knowing that his license was suspended.

Just because OP SAYS that stepmom "was fully aware" that Dad was under the influence of alcohol or prescription drugs doesn't prove that she actually knew. If that can be proven, and she allowed Dad to drive anyway, then it appears she can be assigned liability for the accident. And if she can be held liable for the accident, that does make a credible argument for wrongful death as a result.

Stepmom was not responsible for preventing your dad from driving drunk.

No, she wasn't. But she WAS responsible for allowing him to drive HER bike while drunk. That makes her at least partially liable for the accident and the resulting death.

 

[las365]

Regardless of stepmom's negligence, one quick Google search yielded a personal injury attorney's website that described Indiana's comparative fault law:

If a jury were to conclude that you were 51% at fault or more in causing the accident, in other words that you were the primary person causing it, you recover zero under Indiana law.

That would be your deceased father's estate's claim, OP.

On the other hand, assuming that they were injured, the people who were in the automobile he hit probably have a pretty good claim against stepmom in addition to their claim against the deceased.

And also, I'm sorry for your loss. Hopefully your desire to sue your stepmother is the result of misplaced blame due to grief.

 

[st-kitts]

Since your stepmother and father were married, I am not positive that the bike being titled to your stepmother made it "her" bike. It may have been marital property, as much his as hers.

I also question the assumption that your dad "asked" permission to drive the bike home. I could see him requesting permission if they were dating, or friends, but not in a marital relationship.


I think the blame here is misplaced, but I am sorry for your loss.

 

[ecmst12]

Yes, the owner/occupants of the car that he hit could have a claim against both dad's estate and against stepmom. But dad/dad's heirs do NOT have a claim against stepmom. The primary cause of the accident was his driving.

 

[Hot Topic]

If you were to sue your stepmother and win, would you enjoy the monies awarded? I note that phrases like, "How could she have done such a thing?" or "I'm going to miss him so much" are not part of your post.

 

[Just Blue]

If you were to sue your stepmother and win, would you enjoy the monies awarded? I note that phrases like, "How could she have done such a thing?" or "I'm going to miss him so much" are not part of your post.

I am sure you saw

i was wondering if I have a case.

 

[ecmst12]

OP is in the denial/anger stage of grieving. "I am going to miss him so much" will not be seen until the acceptance stage.

 

[Silverplum]

OP is in the denial/anger stage of grieving. "I am going to miss him so much" will not be seen until the acceptance stage.

I don't buy that everyone grieves in a structured manner as described in a self-help book.

I know I didn't.

 

[ecmst12]

Everyone goes through the same stages, but they do it in their own way and at their own pace. There are common threads though. That's like saying "not everyone goes through toddlerhood before they get to school age".

 

[justalayman]

Everyone goes through the same stages, but they do it in their own way and at their own pace. There are common threads though. That's like saying "not everyone goes through toddlerhood before they get to school age".

Sorry ecmst12. It just isn't true, at least for me and even the NIH says not all people go through all stages.

Grief - PubMed Health

There can be five stages of grief. These reactions might not occur in a specific order, and can (at times) occur together. Not everyone experiences all of these emotions:

Denial, disbelief, numbness

no, no, no. I held my mother as she died. I believed it, without question. I was never in denial. Kind of hard to not believe someone has died when you are holding them and they die in your arms. Numbness; nope. It hit me. I knew what happened and I felt it and continue to feel it 20+ years later. Never numb though. I always "felt" it.

Anger, blaming others

Um, no and no. Never blamed others. Why should I. Anger? for what? Sorry but in this world, nobody gets out alive.

Bargaining (for instance "If I am cured of this cancer, I will never smoke again.")

sorry, no. I cannot imagine what would have been bargained for. I knew she wasn't coming back.

Depressed mood, sadness, and crying

ok, ya got me. as to it being a "stage"? sorry but some things stay with you forever. I still get sad when I think about mom and yes, even cry at times.

Acceptance, coming to terms

since I never was in denial, I do not believe acceptance has a place. Coming to terms? What is that supposed to mean? She died. There was nothing I could do about it. I guess if you want to make it a stage, put it, and any other that I went through at #1 collectively. I never passed from one stage to another. As to the "I'm going to miss her so much" : That started as I laid her down.


Sorry but not everybody goes through the stages of grieving. In fact, I still grieve today, 20+ years after she died. I will grieve until the day I die. I will also revel in the good memories but I will always grieve. The only way to get beyond grieving is to forget the person or that they died. Sorry, never happening.