Accident : Who's Technically at fault?

[Big Tymer]

Originally posted by GrigoryRasputin:
no, thats not true. Driver 1 is charged with DUI, driver 2 CAN legally be charged with fault - b/c it is their responsibility to stop and prevent an accident no matter what is happening in front of them.

HOWEVER, things are always fluid - its dependent on the officer who comes to the scene, which is what saved me in my accident a few days ago.

not true, DUI , laws now make it your fault automaticly..... You were impaired and if not have been impaired, could have avoided the accident..... just stricter laws on drinking and driving to try to prohibit it...

[GrigoryRasputin]

a.) I think that can be diffferent from state to state... if you know thats true in TX then fine...
however, I have heard of no such law in DC, MD, or VA - but it may exist.

b.) determining fault also happens at the insurance company - and all bets are off with them if the other driver was uninsured.
They dont like paying out - may assess fault on your friend and recoup losses via higher insurance rates.