Q: I was involved in a very bad car accident in Maryland I am a Florida resident I was hit by a guy who was on heroin
My mom died from her injuries in the accident. The driver was driving his moms car he had not had a license in 15 years. He was arrested that night and is now charged with 11 felonies. he is going on trial in April. Because it was his moms car can I sue his mom for her home in maryland and can I sue her in a Florida court.
A:
I'm so sorry to hear about your loss. Please accept my condolences.
The answer to your question is just not that simple. First, where did the accident happen? If it happened in Florida, the owner of the at-fault vehicle is considered primarily responsible and can be sued as long as the person driving the car had the owners permission and consent to do so.
As far as whether or not you can sue and what damages you can collect would depend on things such as your age and whether or not your mother left a surviving spouse.
I would be more than happy to discuss your rights in detail.
Regards,
Gregg
A:
I had a client in a wreck due to a driver who still had his tie up on his arm! Head on.
First, if it was a recent model car she was in call me. There may be a "crashworthiness" case. Second, you and your mom's estate would each have claims.
As to the owner --- you have a claim against the other driver and the owner. However, depending on where it happened, some courts say that the insurance doesn't have to pay if the crash followed the commission of a crime, in this case posession of what was ingested. However in addict cases the person has to be dealing out of the car for the exception to apply under some laws. Feel free to give me a call if the wreck happened in Marlyand or elsewhere for a free consult. If in Florida, yes you could sue them there. Otherwise you have to sue them either where they lived or where the wreck happened.
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