If a woman who is drunk and fighting with her boyfriend runs out onto the highway and gets hit by a car, can the driver be sued?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If a woman who is drunk and fighting with her boyfriend runs out onto the highway and gets hit by a car, can the driver be sued?
The police report states that the accident was not the driver’s fault.
Asked on May 14, 2012 under Accident Law, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Liability depends on fault; fault in a case like this depends on negligence, or unreasonable carelessness. It is *possible* that the driver could be sued and the woman (or her survivors, if she was killed) might win, if it can be shown that the driver him/herself was driving carelessly--for example, if the driver, too, was drunk, or was driving too fast for conditions, or texting and driving, etc.
That said, it is unlikely that the woman would prevail in a lawsuit:
1) The police report is not binding on a civil jury or judge--they could find for the woman--but it will be powerful evidence; it is very persuasive that the police found no fault.
2) Even if the driver is also at fault, the woman is clearly at fault, too--she was drunk, she ran out onto a highway, etc. When the plaintiff (person suing) is also at fault, her fault will at least reduce what she could recover if she wins; if she is sufficiently at fault, it could even prevent her from recovering anything in many cases.
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 AttorneyPages.com 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.