The Law & You

Can I Sue My Wife for Causing a Car Accident?

The Law & You
January 16, 2015

The Law and You

Can I Sue My Wife for Causing a Car Accident?

The Pennsylvania car accident attorneys from Fellerman & Ciarimboli answer a question from a caller who wants to sue his wife after sustaining injuries following a car accident. His wife, the driver, was texting at the time of the accident.

Dave Kuharchik: It’s the Friday edition of “The Law & You,” back with us award-winning attorneys Greg Fellerman and Ed Ciarimboli, thanks for being here.

Ed Ciarimboli: Are we really gonna have 80-degree weather this weekend?

Dave: Aw, probably not. I don’t know where you got your weather from but I don’t think it was here.

Greg Fellerman: Not from you.

Ed: Not from this guy.

Dave: Clearly not from here, but let’s talk about our question today. Something you don’t want to be doing tonight if you’re out on a Friday night. Texting and driving and this question’s from Frank in Tamaqua. He says, “My wife and I were driving and she was texting when she rear-ended another car. I broke my arm and hit my head. My brother told me that I can sue my wife. Is this true?”

Ed: Frank from Tamaqua, it is true. You can sue your wife. Obviously, your wife shouldn’t have been texting and we talk all the time about texting and driving. You shouldn’t be doing it, but technically speaking your wife can become the defendant in this civil case because your automobile insurance is what’s going to factor into play here, where they’re gonna to undertake a defense for your wife. Now, whether you should sue your wife or not, that ’s ultimately is another story, but if you have some, it sounds like you have some very serious injuries that you’re gonna need compensation for you’re the only route is ultimately going to be to sue your wife on this one.

Greg: Right and we’ve tried a couple of these over the years and done a focus group on them, they don’t really play out that well in a courtroom because people just don’t really think, you can do it under the law but they just don’t play out that well. The biggest concern, your biggest thing is you should talk to your wife about not texting and we talk about that all the time. When someone’s driving and texting its almost worse than, they’re impaired like they’re drunk so you should really talk to her about that and obviously that’s the bigger issue here.

Dave: So the bottom line is just don’t text and drive.

Ed and Greg: Absolutely not.

Dave: All right, results matter. Attorneys Greg Fellerman and Ed Ciarimboli, gentleman nice to see you again today.

Ed: Good to see you.

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The Law & You is a nightly feature on channels WBRE-TV 28 and WYOU-TV 22 where the attorneys from Fellerman & Ciarimboli answer legal questions. If you have a question that you want answered by the Law & You attorneys, please submit the form on this page or call the hotline at 1-888-570-HURT.

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