Child Out of Car Seat Does Not Affect Claim Against Drunk Driver
3/10/2008
Recently we were asked: My son was sleeping in the back seat of our car when we were hit by a drunk driver. My son hit his head and still has a lot of swelling. My husband says that we cannot sue the driver because my son was not in his car seat. Is this correct? We were not cited for not having him in his car seat.
Our answer follows: Fortunately you can (1) sue the driver and (2) bring your own UIM (underinsured or uninsured) motorist claim even though your son was not in his car seat. Despite vigorous efforts by tort reform groups, Washington law does not allow the fact that a person was wearing a seat belt (or not wearing a seat belt) admissible into evidence. I mention the UIM claim for two reasons. First, your son may have suffered a serious closed head injury. Second, drunk drivers unfortunately are frequently uninsured or don't carry sufficient insurance to fully compensate their victims. Your son is likely entitled to coverage under your own PIP policy. It makes sense to hire an attorney now to help you coordinate benefits and to make sure that your son's claim is properly developed.
