It was a night of fun with friends that turns into a nightmare. You’re now in jail for driving under the influence. The worst part is that the other guy ran the red light. You think it was. The other guy sitting next to you in prison doesn’t seem to remember any of it. He’s also drunk. Our legal experts shared their thoughts about what might happen next.
William Privette
Civil Liability will be taken on the person who caused the collision
The answer is simple. Civil liability for injuries sustained in collisions will go to the person who caused them. The matter can become complicated if both drivers are deemed to be partially at fault (Defendant and Plaintiff).
Each case is unique and each set of circumstances is different. There is a possibility that you could be at 0% fault for the collision if you were not drinking. All of this will depend on the facts surrounding your case and the collision. A jury will determine the percentages of liability for Plaintiff and Defendant if the matter is not settled before going to court.
Texas law allows plaintiffs to collect money from juries if the defendant is more than 51% responsible. There is a distinction between civil and criminal cases. You can both be criminally liable for DWI if you are the victim in a car accident. Civilly, you could also be the victim. It is strongly recommended that you retain legal counsel in this situation to help you navigate the complex landscape.
The Investigation’s Result
Two drunk drivers could be held responsible for a car accident if they cause the wreck. However, liability would still be determined by the “causation” standard. I could not find any state that “deems” the drunk driver at fault for a car accident, regardless of the cause.
One example is a drunk driver A who stops at a red light and then B, the other drunk driver, doesn’t see the red light or the cars at the intersection and rear-ends Driver. Driver B would be responsible for the wreck.
Also, if someone is totally sober but is struck by a drunk driver, they would still need evidence that the drunk driver caused it.
If there are two drunk drivers who enter an intersection from opposite directions simultaneously, then the facts can get complicated quickly. It is best to have third party witnesses as the testimony of two drunk drivers entering an intersection from different directions at the same time can be difficult.
If a settlement is being considered, the jury and the insurance company would likely look into whether alcohol impairment was a factor in the accident. An impaired driver may have been able avoid the wreck even if they didn’t drink before driving.
The jury will assign a percentage of blame between the drivers. The state (contributory negligence or comparative) will determine which driver is at fault. Most drivers won’t be able recover anything if they are more that 50% at fault in a state with comparative negligence. Any percentage of fault in states that have contributory negligence would prevent a driver from recovering.
Clayton Hasbrook
Tyler Kobylski
Relies on the Collected Evidence
It really all depends on the facts. Both drivers will be arrested for DUI because they were both drunk.
The civil case will determine who is responsible for the civil case.
The police report, physical evidence (e.g. The damage to both cars and witnesses. Each driver should be aware of the different types of accidents that can result in liability. In a rear-end collision, for example, the driver at the rear is usually liable.
Three things determine liability
There are three things that determine liability and fault: the breach of duty, the accident, and the damages. They would first need to identify the cause of the accident and then determine whether the mistake would have been made had the driver not been impaired.
They would then consider whether the other driver was able to see the situation and react faster to avoid an accident. Although I doubt that any of the drivers insurance would pay out if they were drunk, it would not be difficult to see the whole situation and determine who is liable.
Anastasia Allmon
This article was crowdsourced. Statements of contributors do not necessarily reflect those of this website, other businesses, or other contributors.
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