^^^^
Oh you can Sue alright....its just a crap shoot as to whether you would prevail. And there is actually a reason for this that becomes quite complicated (and not wholly fair). It revolves around the 'need' for the masses to have personal transportation. In order for this 'privilege' (driving) to be affordable and at the same time not bog down the courts... certain controls are necessary.
Insurance....which everyone is required to have, would not be affordable for most IF every inconvenience a person suffered had a price tag to cover. Can you imagine the gross abuse that would occur if everyone thought they could profit from an auto accident?
The scenarios would be endless. The courts (already overworked) would have nothing but civil suits related to auto accidents with real or perceived losses. So....the insurance companies are sort of a 'buffer' between the courts and the driving populous.
As concerns insurance companies....lets be clear, they aren't there to work in your best interest. Not YOUR insurance company and CERTAINLY not the other person's (if they even have insurance). Their objective is a simple one: Take IN more money than they pay OUT. Be prepared to fight, scrap, claw and spend hoards of your time dealing with them in order to get the most favorable outcome (read least screwing). But....they are that 'necessary evil' that makes driving possible for all of us.
In short, every time you get behind the wheel....you assume a risk to both your health and to potential losses of property, income, time, etc. Depending upon how severe these losses are...there may be good cause to seek compensation...but generally that will involve a significant and demonstrable injury.
As far as 'drunk driving' goes...it seems to be singled out here, but the real issue is the loss that occurred. It is being assumed that a driver being 'impaired' is what caused the accident. The other driver might simply be a terrible driver sober or impaired. The VAST majority of auto accidents are not alcohol related these days. No doubt impaired driving increases the chances of creating an accident, but that comes in many forms:
1. Alcohol.
2. Drug related (illicit or prescription).
3. Simple Fatigue.
4. Physical injuries, Sickness, known health issues.
Then we have 'distracted' driving which IMO is much more common than impaired driving.
1. Cell phone usage (probably topping the list). Don't get me started on this one.
2. Loud music.
3. Children, Animals (sometimes one and the same) in the vehicle.
4. Driver conversing with passengers instead of focusing on driving.
5. The list is endless.........................................
So....do we really want to single out drunk drivers and punitively make an example of them or do we need to concentrate more on making ALL driving a safer endeavor?
To me.....I think it makes more sense to 'prevent' accidents than to deal with the aftermath.
Folks...the way you do that starts AT HOME...(if you want good results) and not in the courts after the S&*T has already hit the fan.
Teach each generation to be responsible in every area of their lives. When you drive.....DRIVE and pay attention to what you are doing and what is going on around you.
Last edited:
