If I was in an accident and the other car was at fault but I was also arrested for DWI, does the fault go to me or the other driver?

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If I was in an accident and the other car was at fault but I was also arrested for DWI, does the fault go to me or the other driver?

Asked on March 16, 2013 under Accident Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can both be at fault--fault is not either/or. Your state follows modified comparative negligence; that means that the amount of fault that each party has is compared, and the party's respective degree of fault reduces what it could recover from the other party. If a party is more than 51% at fault, it can't recover any money, but the other party will still have its potential recovery reduced by its share of fault. If you were DWI, assume you will have at least some degree of fault, which will reduce, or possibly even eliminate (if  you are 51% or more at fault) what you could recover from the other driver; it's impossible, based on what you write, to say what the respective shares of fault would be. You can also face criminal liabilty (i.e. charges) for DWI.


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