If I was in an accident and the other car was at fault but I was also arrested for DWI, does the fault go to me or the other driver?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I was in an accident and the other car was at fault but I was also arrested for DWI, does the fault go to me or the other driver?
Asked on March 16, 2013 under Accident Law, Minnesota
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You can both be at fault--fault is not either/or. Your state follows modified comparative negligence; that means that the amount of fault that each party has is compared, and the party's respective degree of fault reduces what it could recover from the other party. If a party is more than 51% at fault, it can't recover any money, but the other party will still have its potential recovery reduced by its share of fault. If you were DWI, assume you will have at least some degree of fault, which will reduce, or possibly even eliminate (if you are 51% or more at fault) what you could recover from the other driver; it's impossible, based on what you write, to say what the respective shares of fault would be. You can also face criminal liabilty (i.e. charges) for DWI.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.