Are Car Accident Injury Judgments Dischargeable in Bankruptcy
If a flagger on a highway project is injured by a careless motorist and they bring a personal injury lawsuit, can the driver discharge the personal injury claim or a judgment in bankruptcy?
Re: Are Car Accident Injury Judgments Dischargeable in Bankruptcy
Although an exception can apply if the driver is intoxicated due to the use of drugs or alcohol, as a general rule, claims for injuries resulting from negligence are dischargeable in bankruptcy. If the driver was not insured, there's also a question of whether the driver has assets that can be reached even if they do not file for bankruptcy.
The injured worker should be able to get medical coverage and wage loss benefits through workers compensation.