If you hit a car in which the driver is arrested for DWI, is he responsible at all even if the accident wasyour fault?
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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 13 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.
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