Can Passengers Recover After an Indiana Drunk Driving Accident?
Often, when we think of an Indiana drunk driving accident, we think of it from the perspective of the drivers or passengers in another vehicle. However, many DUI accidents are single-vehicle accidents in which the driver of the car is unable to maintain control of the car. In such cases, the passengers in the car may be injured due to no fault of their own.
Indiana personal injury law allows for anyone who was injured due to the negligence of another to bring a claim against the at-fault party. Thus, even in a single-vehicle accident, passengers who were injured in a drunk driving accident could pursue a claim against the drunk driver. Notably, the claim would not be against the drunk driver themselves so much as it would be against their insurance company.
Accidents victims should be aware, however, that there can be hurdles to recovery in these situations. For example, the defendant in a drunk driving lawsuit may claim that the passenger knew the driver was drunk, and assumed the risk of an accident by agreeing to ride with them. While Indiana courts have held that such a situation will not bar a plaintiff from recovering for their injuries, assumption of the risk in this context may reduce the amount of compensation that the accident victim receives.
Similarly, under Indiana’s comparative fault system, accident victims will have their total damages award reduced by their own percentage of fault. Thus, if a judge or jury finds that an accident victim was partially responsible for the accident, their total recovery would be reduced.
Indiana DUI Accident Claims One Man’s Life
Earlier this month, one man was killed when he was riding as a passenger in a van that crashed into a tree. According to a local news report covering the tragic accident, the crash occurred in Allen County, at the intersection of Maysville Road and Stellhorn Road.
Evidently, shortly after midnight, police received a call reporting an accident. When they arrived, officers found a van that had crashed into a tree. Emergency responders pronounced the van’s male passenger dead at the scene. The female driver of the van was taken to the hospital with serious injuries. The accident remains under investigation; however, authorities believe that speed and alcohol were contributing factors.
Have You Been Injured in an Indiana DUI Accident?
If you or a loved one has recently been injured in an Indiana drunk driving accident, contact Padove Law for immediate assistance. Attorney Burton A. Padove is a veteran injury advocate with extensive experience handling all types of claims, including Indiana car accident cases. Attorney Padove understands the difficult situation his clients are in following a serious accident, and provides representation according to the unique needs of each client. To learn more about how Attorney Padove can help you recover for your injuries or losses, call 877-446-5294 to schedule a free consultation today. Attorney Padove is working remotely during the current COVID-19 pandemic, and will gladly arrange video or phone meetings with prospective clients.