Am I liable if my husband leaves my home drunk and he drives and has an accident?

UPDATED: Sep 30, 2022

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Am I liable if my husband leaves my home drunk and he drives and has an accident?

I am 57 years old and my husband drinks and drives all the time. I am so scared that something is going to happen and he will hurt someone while driving. Am I liable if I know he leaves our home intoxicated?

Asked on June 13, 2017 under Accident Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You are not personally liable for your husband's accident: you are different people, and one adult is not responsible for the actions of another adult (unless he/she is the legal guardian of the second, incompetent, adult). But of course, he would liable if he injures someone while driving drunk. That means that his income could be garnished; his share of money in the bank or investment accounts taken; a lien put on joint property; etc. In short, even without personal liability, if your financies are interconnected with his, as they are for so many married couples, you are still considerbly at risk.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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