QUESTION
Am I automatically at fault if I was included in a collision and had been drinking?
Asked on Oct 13th, 2013 on Automobile Accidents - Washington
More details to this question:
I was rear ended by a vehicle that was tailgating me and obviously not paying any attention. There was a vehicle that got in front of me and slowed down. I, in response also slowed down and I was hit by a jeep without hearing any kind of tire squeal or seeing any obvious maneuvering to avoid the collision. I was arrested for a DUI and I had unfortunately been drinking. Does this automatically put me at fault even with the obvious negligence of the other driver who hit me?
7 ANSWERS
Ronald A. Steinberg
It does not make you automatically at fault. However, it does diminish the value of your testimony, because it could be argued that you were not in full control of your senses, due to the booze. You did not tell me whether or not your blood alcohol level was high enough to be considered legally drunk, or impaired, or talk to a personal injury lawyer.
Answered on Oct 15th, 2013 at 1:35 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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It does not automatically put you at fault.
Answered on Oct 14th, 2013 at 6:06 PM
James Eugene Hasser
The guy that hit you from the rear is liable to you civilly. Your DUI is a criminal matter between you and the state.
Answered on Oct 14th, 2013 at 6:06 PM
Edwin K. Niles
No, you are not necessarily at fault. But why worry; don't you have insurance?
Answered on Oct 14th, 2013 at 6:05 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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The word "automatic" does not apply but what would you do if you could blame a drunk for the accident? How does a drunk defend himself? And if you were drinking you probably don't even know what was going on. You just thought you did. That is part of alcohols problem for us.
Answered on Oct 14th, 2013 at 6:02 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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No, but it does not help. Get a good attorney and seek to minimize your short and long term damages. Whether or not you were at fault, this serious both as to your license, insurance and future.
Answered on Oct 14th, 2013 at 6:02 PM
Thomas Edward Gates
No, it does not automatically put you at fault. However, the at fault party will try to make it so. Let your insurance company handle the matter. If you are not satisfied with the outcome, retain an attorney to represent you.
Answered on Oct 14th, 2013 at 6:01 PM