Date: August 18, 2010
Posted In: DLP Law

Bobby was on his way from Tafton to Ironwood to make a delivery on Route 507. As Bobby rounded a sharp curve, he was confronted with a pick-up truck being driven by Alan, squarely in Bobby\’s lane. Bobby had little time to react and a head-on collision incurred. Bobby sustained both a broken right arm and collar bone as a result of the collision. It was later determined through the investigation, that Alan was intoxicated at the time of the accident.

While Bobby went on to heal, it took a good year before he was back to normal and no longer under the doctor\’s care. Bobby had limited tort insurance coverage and was told he could not bring an action because he made a full recovery from his injuries.

ISSUE: Can Bobby bring a lawsuit for his pain and suffering against Alan.

ANSWER: Yes. One of the exceptions to the limited tort prohibition against suit is that if the driver who caused the accident was intoxicated at the time of the accident, then one can bring a lawsuit regardless of whether or not one is insured with full tort or limited tort coverage.

Disclaimer: The above article is for instructive purposes only and each case is fact sensitive. Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column.

Tom Cummings
Thomas P. Cummings has been a Partner with Dougherty Leventhal & Price, LLP since 1996 and has been with the firm since 1991. He focuses his practice on workers’ compensation, Social Security Disability and personal injury cases.