Would I be at fault if my BAC wasn’t zero?

UPDATED: Oct 2, 2022

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Would I be at fault if my BAC wasn’t zero?

I was recently in a car accident in which someone hit me when trying to turn. I was on the left lane and he was on the right lane of a 2 lane road. Since I was trying to avoid him I tried to move left but he ended up hitting me anyway and my car flipped over. While his car ended up on the other side of the road. He claims that this was my fault because I was driving on the opposite side of the interstate. He was an Uber driver and had a passenger. The passenger decided to take an ambulance. Since both claimed that I was on the opposite side

of the road I got a DUI test. The police officer said I did the field test great and still checked my BAC. It was under the .08 legal limit but since I had one drink it came out to be a .05. In the end, the officer said that since the other driver had a witness his word held more weight than my own. So I got a citation. Now the passenger that went to the hospital is going to sue for his hospital bills. Where would my case stand? It seems very obvious that the other driver hit me according to the dents in my car and based on where the cars ended up. Unfortunately, I didn’t take any pictures. It was all a very traumatic experience.

Asked on August 27, 2019 under Accident Law, Delaware


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You are not automatically at fault since your BAC was under the limit, but even when under the limit, BAC can impair your driving. Therefore, the BAC you had, while not by itself proving your fault, will support the idea that you were at fault, but supporting the notion that you were at least somewhat impaired. Add to that that two people (Uber driver and passenger) are both testifying against you (so two to one) and that you were apparently on the wrong side of the road, and is highly likely that you would be found to be at fault.

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