Can I write a book about being hit in a DUI and use the assailants name?

[BigHurt34]

What is the name of your state? Delaware

 

[Zigner]

What is the name of your state? Delaware

Using "assailant" would be problematic, as would using the other party's name.

 

[Just Blue]

What is the name of your state? Delaware

Was the person convicted?

 

[BigHurt34]

Was the person convicted?

Yes

 

[BigHurt34]

Yes

Plead guilty paid the fines, etc

 

[PayrollHRGuy]

You can write any true facts you want.

I would certainly have a lawyer experienced in defamation and publishing law before I circulated such a book.

 

[Zigner]

Even though he was convicted, using "assailant" is not wise.

 

[Taxing Matters]

You certainly may write the book and include the name of the person who hit you. But if you intend to distribute the book to others (even if you give it away for free) you do run a risk that the DUI driver will sue you for defamation. If everything you state in the book are either true facts that can be verified or are clearly your opinion then the DUI driver would lose the defamation suit. But you'd still incur the cost of defending that claim, and that can get costly. At a minimum, as others suggested, I'd have a lawyer familiar with defamation law read the book and advise you of any parts in it that may expose you to liability for defamation. That still won't prevent you from getting sued.

Even leaving the person's name out of the book doesn't entirely solve the problem for you. If the facts given in the book would make it possible for others to identify the DUI driver you might still face a defamation claim.

 

[quincy]

There are numerous lawsuits that have been filed against writers and publishers over the contents of both non-fictional and fictional stories.

Avoiding defamatory content will not be your only challenge. You also have to consider privacy laws.

What you write about an identified or identifiable person affects not only that person but those around that person.

The facts and the words you use must be chosen carefully. Truth can be a defense to defamation but truth is not a defense to invasion of privacy.

You can write out your story but it could be a costly mistake for you to publish it before you have your manuscript personally reviewed (and edited) by a publishing law professional.

 

[Taxing Matters]

One other thought. If you entered into a settlement with the DUI driver (and his/her insurer) regarding your claims of damages resulting from the accident there may be a non disclosure agreement in it which you would need to take care not to violate. What you say in that book might well violate that agreement.

 

[quincy]

The driver was convicted. There was no lawsuit or settlement mentioned.

 

[Zigner]

The driver was convicted. There was no lawsuit or settlement mentioned.

While true, if the OP was injured or otherwise damaged, then I believe that a settlement agreement is enough of a possibility that it was good for Taxing Matters to mention it. Value added service .

 

[quincy]

While true, if the OP was injured or otherwise damaged, then I believe that a settlement agreement is enough of a possibility that it was good for Taxing Matters to mention it. Value added service .

True enough.

 

[xylene]

What are your intentions? Are you writing a book (and puiblishing it) to:

make money

create a scholarly work

inform people of the dangers of drunk driving

achieve catarthis or healing

get over on the person who hurt you



You could have more than one motive, and there are others I didn't mention and others I haven't though of. What I'm trying to get is harmonizing the realities of book publishing with the risks and costs.

 

[Taxing Matters]

The driver was convicted. There was no lawsuit or settlement mentioned.

Right, no mention of a lawsuit. But my guess (and I could be wrong, of course) is that this was not just a minor fender bender. That wouldn't usually make someone motivated enough to write a book, nor would that kind of minor accident make for compelling reading. That being the case, it stands to reason that the OP likely suffered some kind of significant damage out of the accident, and if so, almost certainly some claim was made against the other driver and his/her insurer. As the vast majority of personal injury claims are settled rather than go to trial it therefore seems likely that a settlement was at least a reasonable possibility here. Enough at least to warrant warning about checking for a nondisclosure agreement.