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Occasionally, a person may be driving while intoxicated (also referred to as “driving under the influence” or “DUI”) and be struck by another driver in a rear end collision. In such a situation, the intoxicated driver did not cause the accident (“no fault”); nevertheless, the driver was intoxicated during the rear end DUI accident. As a result, the driver is not liable for the damages in the rear end collision accident caused by the other motorist. However, the driver will be subject to criminal charges for driving while intoxicated.
The driver will be subject to any of the following penalties, depending upon the circumstances and jurisdiction:
- jail time
- prison time
- fines
- probation
- parole
- community service
- substance abuse counseling and/or rehabilitation programs
Intoxicated Driver Not at Fault in an Accident
There may also be other types of incidents where an intoxicated driver did not cause an accident but was involved in the accident. For example, another motorist may enter into the intoxicated driver’s lane of traffic and collide with the driver, causing an accident. In such a case, the intoxicated driver is not liable for the damages resulting from the accident itself; however, the intoxicated driver will be subject to the criminal consequences stemming from driving while intoxicated.
Intoxicated Driver at Fault in Accidents
Where an intoxicated person causes a motor vehicle accident and is at fault, the intoxicated person will not only incur criminal penalties for driving while intoxicated, but also, the driver will be subject to liability for monetary damages arising out of the accident. Whether there is just property damage to the vehicles involved in the accident, or whether the case involves bodily injury or death, such as a DUI vehicular manslaughter case, the driver will be subject to the liability arising out of the accident.
Getting Legal Help
Frequently, when cases arise where an intoxicated driver is involved in a motor vehicle accident but did not actually cause the accident, the driver faces an uphill battle in proving that he or she is not liable for damages. This is because most people will just automatically assume that the alcohol played a role in the accident. As a result, defending this type of case is challenging. Such a case is best left to the expertise of an experienced attorney. Not only will an attorney be familiar in presenting these types of facts to a jury, but also, the attorney will be able to understand trends and laws which may impact a case. Ultimately, an attorney will be able to ensure that the most favorable outcome results.
