I just hit a driver ... i wasnt paying attention and i hit a drunk driver. Is it still considered my Fault for following too close or is he at fault becuase he is drunk!!
2006-10-20 17:24:03 · 20 answers · asked by katie_00006 2 in Cars & Transportation ➔ Other - Cars & Transportation
I was yeilding ... and he was in front of me,I looked up and all of a sudden, Before i knew it i slammed in to him. He was to drunk to even care. He just kept driving and then he seen me stop so he did. he looked at the cars and he begged me to not call the police, Should i have called them. would it be my fault.
2006-10-20 17:40:36 · update #1
Absolutely no fault!!! At least in the state of NY if you and a drunk have any kind of accident it's the drunks fault. You get a "go ahead" because the legal mindset is that all users of the motorways are responsible for "driving defensively" this is where the following too closely and other such laws come from. It is the responsibility of ALL drivers. Had a cop been standing next to you, he would have told you the same thing. In the case of a drunk, he/she has lost the capacity to make the kinds of decisions required for this basic road rule. Ergo, the legal system places the blame soley on that persons shoulders because if he/she hadn't broken the law in the first place, (getting behind the wheel) there would have been a ZERO chance of you having an accident with said person. You should have called the police. Then the offenders insurance would now be responsible for your repairs instead of yours.
2006-10-20 20:38:59 · answer #1 · answered by luxthor 2 · 0⤊ 0⤋
It would be your fault. You would both be screwed. You because a driver should be in control of her vehicle at all times and you essentially hit a stationary vehicle, so you were the only one moving. He would also be screwed because by calling the cops he could be in big trouble for driving intoxicated.
Incidentally, that is a very common way to hit a person. We so expect other drivers to drive like us that we are waiting to get into traffic and see an opening we would have taken, so without looking we just hit the gas at the next chance - never thinking the person ahead could have not felt it was safe or been changing the radio station or whatever. It is important to really stop and look where you are going before you hit that gas. I have both been hit this way and hit someone this way - it happens all the time.
Peace!
2006-10-20 18:24:44 · answer #2 · answered by carole 7 · 0⤊ 0⤋
In UK you must drive in such a way as to anticipate events ahead of you on the road. If you are a drunk driver you can not do this - you do not have proper control of the car. Your action of getting into the car under the influence of alcohol has set the likely event of a criminal act. It is not illegal to walk under the influence of alcohol however if you were so drunk that you thought you were Batman and you decided to jump in front of a car coming towards you (that car being the drunk driver) then there would be contributory consideration to your own injuries. That said, the drunk driver has caused his own demise by getting into his car in the first place. This would be an interesting case, i wonder if there is a case law example on such an incident ??
2016-05-22 06:56:28 · answer #3 · answered by Anonymous · 0⤊ 0⤋
If you hit him and he did not cause the accident then it is your fault. This is how the law will find it too. He will still get a ticket for DUI but you will get a ticket for following too close and your insurance will have to pay. You said you weren't paying attention, therefore it sounds like the cause of the accident was your fault.
2006-10-20 17:33:17 · answer #4 · answered by Mos 3 · 0⤊ 0⤋
The accident could still technically be your fault, like if you ran a red light or something, but he should also get in trouble for drunk driving.
2006-10-20 17:31:55 · answer #5 · answered by Anonymous · 0⤊ 0⤋
I'm not sure what state you live in but in CT if you hit a drunk driver it would be his fault not yours, just like if you do not have insurance and somebody rear ends you it is your fault because you did not have insurance even though they hit you. at least those are the laws in ct
2006-10-20 17:34:15 · answer #6 · answered by Bryan D 1 · 0⤊ 0⤋
Your fault def. He'd get arrested you'd get a ticket and insurance penalties.
Had a friend who was hit from behind, which caused him to slide into the car infront of him (which happened to be his mom) and she slid into the car infront of her. Everyone but the front driver got a ticket.
2006-10-20 18:55:58 · answer #7 · answered by Jake 4 · 0⤊ 0⤋
If you can prove it to his insurance company then they will void his claim. Gets you out of paying for his car.
The only thing is that you have to fix up your. The expensives come from you, unless your are full comprehensively insured.
Then it would cost you your excess claim to fix it.
Just say sorry mate, you shouldn't have been drunk.
The next best thing is to say should you persue it i'll see you in the court room. Still again he'll end up lossing.
If he still insist on persuing it then that harrasment and again, I'll see you in the court room. Even better go to the cop shop and take out a AVO that will keep him away from you. He'll give up in the end.
2006-10-20 17:34:38 · answer #8 · answered by Onin 3 · 0⤊ 0⤋
For sure your fault for leaving the seen of an accident. Hope you were smart enough to bargain with him bout not exchanging insurance info. I Bet he will say he was sober and it's all ur fault.
2006-10-20 18:01:25 · answer #9 · answered by myothernewname 6 · 0⤊ 0⤋
That's one lucky drunk! Well, sort of. He'll still get busted for DUI, but you're at fault for the accident if you rear-ended him.
2006-10-20 17:26:57 · answer #10 · answered by Bostonian In MO 7 · 1⤊ 0⤋