Who would be at fault if someone was driving and passed a red light and ended up hitting another car (driving on a green light) hitting the side rear causing the car to go into a rather fast spin in a circle almost hitting a gas line, causing a minor to get a concussion, and rip off the bumper.
and the drivers (one that got hit) license was expired.
The one that hit my friends was drunk when she was driving.
This was in Texas.
Rear-ender at a traffic light
Printable View
-
02-23-2007, 08:58 PMTexas_BluesRear-ender at a traffic light
-
02-24-2007, 08:42 PMTexas_BluesRe: Rear-ender at a traffic light
Im asking what should be charged against the drunk driver who hit my friend
-
02-24-2007, 09:32 PMjturner901Re: Rear-ender at a traffic lightPlease restate your friend's scenario in separate sentences and points. I'm not quite sure who ran the red light and/or who hit your friend.Quote:
Who would be at fault if someone was driving and passed a red light and ended up hitting another car (driving on a green light) hitting the side rear causing the car to go into a rather fast spin in a circle almost hitting a gas line, causing a minor to get a concussion, and rip off the bumper.
and the drivers (one that got hit) license was expired.
The one that hit my friends was drunk when she was driving.
That being said, the drunk driver should be charged with Impaired Driving and maybe other applicable charges.
All the best!
Jay -
02-24-2007, 10:06 PMTexas_BluesRe: Rear-ender at a traffic light
The Drunk driver ran the red light and hit my friend who had the right of way due to the green light.
My friend is the one with the expired license, who had 3 other passengers and one of them received a concussion due to the impact of the drunk driver. -
02-25-2007, 05:04 AMjturner901Re: Rear-ender at a traffic light
Thank you for the clarification. As I said before, the drunk driver could be charged with some form of impaired driving and possibly other charges that apply regarding concentration of alcohol in the blood.
Since your friend's licence was expired, they should have not been operating a motor vehicle, so they could be held partially liable for injuries sustained by their passengers.
All the best!
Jay -
02-25-2007, 12:57 PMaaronRe: Rear-ender at a traffic lightOn what legal theory? Being unlicensed is not evidence of negligent driving.Quote:
Quoting jturner901
-
03-03-2007, 09:22 AMTexas_BluesRe: Rear-ender at a traffic light
It turns out she wasnt drunk, but she doesnt have car insurance, also two of my friends have to see the chiropractor at least 1 time a week. Anything to do so she pays.
-
03-03-2007, 03:29 PMjturner901Re: Rear-ender at a traffic lightThey were involved in the act of driving when their right to do so was suspended. If they were aware of the suspension, they no longer had the right to operate a motor vehicle. If they were not operating a motor vehicle due to the suspension, their passengers would not have had any opportunity to be involved in the collision and sustain injuries. In my eyes, that makes the suspended driver potentially liable, even though their driving was not negligent.Quote:
On what legal theory? Being unlicensed is not evidence of negligent driving.
All the best!
Jay -
03-03-2007, 04:13 PMMr. KnowitallRe: Rear-ender at a traffic light
We know that's what you think. But the law says differently.
-
03-04-2007, 12:30 AMcdwjavaRe: Rear-ender at a traffic light
Jay, the law in Canada may be different than here. Down here, while I have heard of this legend that unlicensed or suspended drivers can be considered "at fault", this is not the case in any state I know of.
Fault is based on the one action that when removed from the situation would have prevented the collision. In this case, granting the driver on the green light a driver's license would NOT have prevented the collision. However, if the driver that ran the red had NOT run the red, the crash would not have occurred.
- Carl -
03-06-2007, 05:54 PMTexas_BluesRe: Rear-ender at a traffic lightIt wasnt suspended he just didnt have time to get it renewed.Quote:
Quoting jturner901