Many very serious personal injury accidents in the Rochester area have been caused by intoxicated drivers.

Because drunk drivers have slowed reaction times and often do not even see other vehicles until it is too late, drunk driving accidents commonly happen at high speeds and may prove fatal to the drunk driver, innocent victims or both.

When a drunk driver has caused an accident that resulted in his or her own death, it is still entirely possible for someone injured due to the drunk driver’s negligence to pursue a personal injury claim.

Most personal injury cases, including those involving drunk drivers, are usually initiated by making a claim against the negligent person’s insurance carrier.

Even when a drunk driver died in the collision, it is still possible for a personal injury lawyer to attempt to settle the personal injury claim with the drunk driver’s insurance company in much the same manner as would have been done if the defendant had survived.

If the claim against the intoxicated driver cannot be settled through negotiations with the insurer and the case needs to be sued, however, the matter may become more complicated.

If there is already an estate set up to oversee the drunk driver’s assets, the administrator of the estate takes the place of the deceased, and the personal injury lawsuit otherwise proceeds normally.

If there is no estate, the injured person may have to take steps to have an estate for the deceased drunk driver set up.

This is because the legal papers initiating the personal injury lawsuit must be served on an administrator for the estate.

While it may seem unusual that the law would require someone to set up an estate solely for the purpose of suing it, in some cases this is the only way the injured person may proceed with his or her personal injury case against the drunk driver.

If you were injured by an intoxicated driver and do not know how to proceed, we can answer your legal questions. Our number is 585-484-7432.