Legal Question in DUI Law in Louisiana

Passenger in a fatal car accident

My son was the passenger in a vehicle accident where the driver was legally intoxicated. The driver of the other car was killed. As the passenger, does he have any legal liability?


Asked on 2/19/07, 11:21 am

2 Answers from Attorneys

Andrew Casanave Andrew M. Casanave

Re: Passenger in a fatal car accident

Unless he did something very unusual (like grab the steering wheel) I doubt it.

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Answered on 2/19/07, 11:30 am
Hardy Parkerson Retired Attorney; now Law Professor

Re: Passenger in a fatal car accident

Dear LawGuru Friend,

Sorry about your son's having been iinvolved in this horrible accident! You question is hard to answer, for it depends on a lot of facts that are not presented in your brief question. Probably not, but possibly, depending on whether or not your son's behavior and activities prior to the automobile accident contributed to the accident in any way or to any extent. For example, if the driver and he were both intoxicated, and because of his intoxication he told the other driver to drive, rather than his driving intoxicated himself, and rather than the both of their walking or calling for an uninotxicated dirver, then, yes, he could be held liabile, at least in part; or even jointly, severally and/or insolido. If you son is of age, then you as a parent are most probably not liabile; however, if the son is under age, then you as a parent might possibly beheld liabile to a degree and to an extent. If your son was under adult age, then I suggest you report this accident to your own automobile liability insurance company.

There is more to it all than this, but this is something to think about.

Good luck!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA

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Answered on 2/19/07, 3:06 pm


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