My husband was in an accident early saturday morning. The accidnet was not his fault and the man that hit him had no drivers licence but has insurance. My husband went to jail for DWI which will get dismissed. What happens now. I do not now what is on the accident report and our car is totalled. Is this atomatically my husbands fault because of the DWI or can we fight this. What is the best thing for us to do first?
You should be able to get a copy of the accident report from the police station. If I were you, I would call and inquire about when you can pick it up.
In terms of fault for the accident, as far as I know, a person who drives under the influence can be considered at least partially at fault for the accident even if the other driver committed a traffic violation. If the other driver or passengers were injured, they might be able to seek punitive damages against your husband as well as compensation for medical expenses, lost wages, etc., depending on the circumstances of the accident.
There a lot of issues here that complicate the case - the fact that your husband was under the influence, the fact that the other driver had no license, etc. I think you should consider consulting with a drunk driving defense lawyer to find out what options you have here.
dragonblurr
10-19-2009 @ 12:19 PM