If you hit a car in which the driver is arrested for DWI, is he responsible at all even if the accident wasyour fault?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If you hit a car in which the driver is arrested for DWI, is he responsible at all even if the accident wasyour fault?
Asked on December 26, 2011 under Accident Law, Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Civil liability--having to pay money for damages or injuries--is different from criminal liability; it possible to be arrested for a crime and not be civilly liable, and vice versa.
Civil liability for a car accident depends on fault. Normally, the DUI/DWI driver would be deemed at fault; but is possible that the non-DUI driver was at fault, instead or in addition, such as if the DUI car was either stopped or driving safely when the non-DUI driver, driving carelessly (e.g. too fast; on the cell phone or texting; going through a red light or stop light) hit him.
Whomever was at fault is potentially liable to pay; if both drivers are at fault, damages are usually apportioned in some fashion.
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.