Asked in Divorce, DUI / DWI and Personal Injury for California

Q: Fatal drunk driving accident

My husband and I have been separated for 2 years and are in the middle of a divorce. Last month he was involved in a drunk driving accident where he was the driver. He died on the scene of the accident and his two passengers survived. There were no other vehicles involved. The survivors sustained major injuries. My name was not on the title to my husbands vehicle nor was I on his auto policy. Can the survivors of the accident or his auto insurance sue me for damages? Am I liable for any damages pertaining to this accident? The survivors have already obtained lawyers and are currently suing my husbands insurance.

2 Lawyer Answers

A: Most likely it will wind up just being against your husband's estate.

1 user found this answer helpful

David Alan Wolf
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Answered

A: It does not appear that you will be liable but it will depend on the laws in effect in the State where the crash took place. If there was insurance, the insurance company will provide the estate with legal representation. You may want to meet with a local attorney to discuss the situation and anything you need to do to protect yourself. Good luck.

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