Can pedestrians and passengers be at fault when the driver is drunk or do I get compensation either way? The answer depends on the facts of your case. Why?

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9/17/2011
Steve Lombardi
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Drunk Driver Car Accidents – Are the passengers and pedestrians at fault?

Today we will discuss drunk driving and related civil lawsuits that can be brought - the dram shop claim. Lately we've seen a couple of really bad injury cases involving drinking and driving. The first is Officer Tran from the Des Moines PD. The answer to the question posed in the title is usually no, but you can be partially at fault. And for passengers if you've had a hand in the driver's drinking and know he or she is drunk then you are in the eye of the law guilty of complicity. Pedestrians can be also at fault due to failing to protect them by watching where they are going. Pedestrians do have some obligation to walk in crosswalks, to not walk out in front of traffic and to pay attention (due care). But in the instance below an officer working, in this case working traffic at the Iowa State Fair, will surely not be considered at fault. What I found of interest was the driver talking after the collision and pretty much admitting the case against him. It showed a lack of appreciating the consequences that will surely be put to him. 

Officer Tran from the Des Moines PD was moved to a care center this week. Drunken Drivers Keep Police Busy
KFGO
Several were injured but they refused medical attention. ... READ MORE Iowa-based "Venuworks" has been associated with the building since 1997. ... 

Category: Civil damage lawsuits and criminal law deaths, OWI and drunk driving



For good advice see a lawyer and if you have questions about this blog, the law or your case write or call me directly. Steve Lombardi, sdlombardi@aol.com and 515-222-1110. I handle all types of personal injury cases including car accidents, truck accidents, motorcycle accidents, workers' compensation cases. We help truckers all across the country who come through Iowa and end up in an accident. If we need other lawyers from other states we hire them and it costs you no more than what you would pay us; in other words, we split the fee between us. So call 515-222-1110 or email us at sdlombardi@aol.com. 
Steve Lombardi, Attorney




2 Comments to "Drunk Driver Car Accidents – Are the passengers and pedestrians at fault?"

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Civil damage lawsuits and criminal law deaths, OWI and drunk driving

Do I have to be present during settlement? Do I have to be with my lawyer when a settlement is made for my personal injury claim? I really do not want to face my neighbors right now. My son was bitten by their dog and they claim that it was my son's fault. I want my solicitor to stick to the amount that I want them to pay me. Can my solicitor make the settlement in my behalf?

Can we sue someone who hit us after a DUI? My pregnant wife was driving the car and a drunk driver hit us and ruined the car. Cops came and gave the guy a DUI. No injuries but I am wondering, am I obligated to a claim because now she is scared to drive or be inside a car.

What can I do if I am caught driving without a license again? I was in an accident; I do not have a license. Took a chance to get back and work. I have been caught before and this will make it my third felony driving while suspended. The ticket written was only for not providing a license, what can I do?

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