QUESTION
Am I liable for an accident just because I consumed alcohol? How?
Asked on May 27th, 2015 on Personal Injury - Michigan
More details to this question:
After having only one drink, I got into an accident. The other car rear-ended me. Even though the accident is not my fault and I think my BAC was below the legal limit, could I be liable for the accident?
16 ANSWERS
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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If you are convicted of DUI it could be used civilly. You would also be responsible for punitive damages.
Answered on Jun 23rd, 2015 at 3:17 PM
Amusement Park Liability Attorney serving Richmond, KY
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Morrin Law Office
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If you were under the legal limit then 99% of the time another car rear ends you they are at fault. Let me know if I can help further and I'll be glad to do so.
Answered on Jun 23rd, 2015 at 3:17 PM
1 Award
No, you were not responsible for the accident. The fact that you had a drink had nothing to do with causing the accident. The automobile insurance company for the driver who struck your car will be responsible for paying for your damages.
Answered on Jun 23rd, 2015 at 3:17 PM
Thomas Edward Gates
No, they rear ended you. Did you get a ticket saying you were at fault?
Answered on Jun 23rd, 2015 at 3:17 PM
Ronald A. Steinberg
Since you were rear-ended, YOU would probably be the one to make the claim for personal injuries, rather than the person that hit you. They COULD claim that you made a "sudden and unscheduled stop." Theoretically, you could be determined by the jury to be the cause of the accident, but I seriously doubt that would happen. In the criminal/traffic court case, I also doubt that your consumption of alcohol could be determined as a cause of the accident. In the criminal/traffic court case based on your "being on the roadways with an unlawful blood alcohol level," it would strictly depend on the BAL. It would either be under or over the limit, based on the blood test. If it was ONLY one drink, you probably would be way under the limit, unless you gulped down the drink and immediately drove. I think that you are worrying too much, BUT you should use the experience as a learning tool, so you avoid problems in the future.
Answered on Jun 23rd, 2015 at 3:17 PM
Edwin K. Niles
How could a rear-ender be your fault?
Answered on Jun 23rd, 2015 at 3:17 PM
Whether or not you had anything to drink does not matter unless it effected you so you were negligent [such as stopping too quickly]. But an insurance adjuster might, out of bias, offer you less of a settlement.
Answered on Jun 23rd, 2015 at 3:17 PM
Lisa Hurtado McDonnell
The person behind is usually responsible but why did they rear end your car? Did you call the police? Did police determine liability? Liability can be shared depending on the circumstances. If you weren't legally drunk but impaired then they can argue that your partly responsible.
Answered on Jun 23rd, 2015 at 3:17 PM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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No. Your B.A.L. does not evidence negligence.
Answered on Jun 23rd, 2015 at 3:17 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Florida is a "comparative negligence" state. Means a jury is told all the facts and they have to make a decision. They could say you have some responsibility for this crash. You need to see an attorney ASAP; and not an attorney protecting your insurance companies interests over yours.
Answered on Jun 23rd, 2015 at 3:17 PM
3 Awards
Civilly, no but if BAC over limit, then still DUI I hope you chose a blood test rather than a refusal.
Answered on Jun 23rd, 2015 at 3:17 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Liability is based on fault. If you did something to cause or contribute to the crash, you can have liability. If you did nothing that caused or contributed to the crash, you should have no fault/liability.
Answered on Jun 23rd, 2015 at 3:16 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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On these facts, and assuming there are no contrary facts, you can not be held criminally liable. After all, what did you do? You were stopped let's hope lawfully, like at a stop sign or red light and another car hit you. Alcohol would have had nothing to do with causation of the offense. If you are underage, and subject to the no-alcohol rule, you could be found guilty of that offense. If your judgment was impaired by even one drink (e.g. by stopping in the middle of the road without a good reason), you could be held at least partly liable. Good Luck.
Answered on Jun 23rd, 2015 at 3:16 PM
Personal Injury Attorney serving Salt Lake City, UT
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William Enoch Andrews Injury Lawyer
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Yes, most likely you are liable (at fault) for the car accident, or, partially liable (at fault). Inform your car insurance company of the accident and they have lawyers that handle the defense side of the case. However, if you are found to be less than 50% (one half) liable for the case, you may have an injury case that my injury law firm can help you with. For your own benefit, immediately contact an injury lawyer to evaluate your case and if taken, represent you in the case without any money coming from you. The reality is car insurance companies jerk people around who are not injury lawyers. As injury lawyers, we represent our clients and help them get their healthcare bills paid and get the best financial compensation they can get on their case.
Answered on Jun 23rd, 2015 at 3:16 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Unless you made a sudden unsafe stop, if you were rear-ended, you should not at fault for the accident.
Answered on Jun 23rd, 2015 at 3:16 PM
James Eugene Hasser
Unless you contributed to the accident somehow that you have not described, the other driver is presumed to be at fault and your alcohol consumption is irrelevant. Good luck.
Answered on Jun 23rd, 2015 at 3:16 PM