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Wrecked my truck, aaaaaarrrrrrgh!

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...I've been told that in a wreck involving a driver under the influence, the DUI offender is ALWAYS at fault. That could be incorrect, but I'd STRONGLY suggest you look into that.

 

That was always my impression.

  • Author

Come on legal panel, help a brother out.

I imagine he'll get DUI. Not sure if he went to jail or not. Chief of police is a patient of mine so I'll call him tomorrow and he'll tell me.
Wouldn't that automatically put him at fault in a crash?
...I've been told that in a wreck involving a driver under the influence, the DUI offender is ALWAYS at fault. That could be incorrect, but I'd STRONGLY suggest you look into that.
Oops, looks like you beat me to it.
...I've been told that in a wreck involving a driver under the influence, the DUI offender is ALWAYS at fault. That could be incorrect, but I'd STRONGLY suggest you look into that.

 

Not a legal guy, but I think CWB is spot-on here.

Doc I know where you can get an 06 truck just like your with only 65000 miles on it.

...I've been told that in a wreck involving a driver under the influence, the DUI offender is ALWAYS at fault. That could be incorrect, but I'd STRONGLY suggest you look into that.

 

I've always thought that as well.

  • Author
Doc I know where you can get an 06 truck just like your with only 65000 miles on it.

 

Is it for sale?

Must have happened shortly after you got off the phone listening to me complain how I had a black cloud following me around for the past 3 weeks.

spin, what time was it and how light/dark was it out and did he have any lights on?

 

cwb, I think you are wrong, doc still has contributing factors to the accident but so does the guy that was drunk. Doc, you need a private attorney immediately that has experience in this area. And for cwb, suppose the guy was just lost, was not drunk, and was sitting the same place? Doc's actions/results would have been the same and this is all independent of any alcohol consumed by the other driver.

 

Doc, if we were in KY this is a comparative negligent state and each of you would be assigned a percentage of negligence. Not sure about WV which is all the more reason you need an experienced attorney right away.

 

And plant, the cop in your case was an idiot and had no idea what he was talking about. The no fault is only for injury and that is only for a small amount of injury to avoid a bunch of small legal actions. The damage to the vehicles is again assigned by comparing the negligence of each driver.

I'm not an attorney, but I was hit from behind by a lady that ended up with a DUI......not exactly the same, I realize.

 

(She hit me in my "trip to Cabo".....but I digress.)

 

I think step one is to get the accident report. The police report will have a code that identifies if it were a DUI, or whose fault, in the eyes of the Police professional....ie, stopped in an inappropriate spot, dui, driving the wrong way ....etc.

 

This will drive your next action.........good luck. My 04 truck just rolled 200k and I still love it.

  • Author
Must have happened shortly after you got off the phone listening to me complain how I had a black cloud following me around for the past 3 weeks.
It did and I blame it partially on you.
  • Author
spin, what time was it and how light/dark was it out and did he have any lights on?

 

cwb, I think you are wrong, doc still has contributing factors to the accident but so does the guy that was drunk. Doc, you need a private attorney immediately that has experience in this area. And for cwb, suppose the guy was just lost, was not drunk, and was sitting the same place? Doc's actions/results would have been the same and this is all independent of any alcohol consumed by the other driver.

 

Doc, if we were in KY this is a comparative negligent state and each of you would be assigned a percentage of negligence. Not sure about WV which is all the more reason you need an experienced attorney right away.

 

And plant, the cop in your case was an idiot and had no idea what he was talking about. The no fault is only for injury and that is only for a small amount of injury to avoid a bunch of small legal actions. The damage to the vehicles is again assigned by comparing the negligence of each driver.

 

On it, I have a good friend who can point me in the right direction. Good advice Ru. And for the record, it was 5:20 it was overcast and not a light one was on the guys car. The dude was lit, his brakes and turn signal were not.

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