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Legal Complexities Of Drunk Driving Accident That Is Not Your Fault

By Amy E. Feldman

PHILADELPHIA (CBS) - NASCAR driver Tony Stewart was not charged in the death of Kevin Ward, because Ward had marijuana in his system that impaired his judgment when he thought he could bring a pair of sneakers to a car fight.

What if you are drunk and become involved in an accident that wasn't your fault? Say you are sitting at a red light minding your drunk business when you're rear ended. Do you automatically lose just because you're legally impaired?

There are two types of legal cases: criminal and civil. Criminally, when the police arrive, they will arrest you for drunk driving no matter who caused an accident because you were behind the wheel of a motor vehicle while impaired.

But, as for a civil case for money, when a lawsuit is filed by the drivers involved, it will come down to a question of how responsible the parties are for the accident that happened, so your lawyer can argue that although you were drunk, the other driver was responsible.

Still, in this holiday party season, head off criminal and civil liability by bringing a taxi to avoid a court fight.

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