Home > Research Legal Advice > Car / Auto Accident > A drunk driver in front of me caused an accident to the car in front of ...
Asked 6 months ago - Rio Rancho, NM
Flaghe was immediately arrested and witnesses even agreed that this person was driving wrecklessly yet the insurance company is stating i am at fault. how can i prove otherwise?
Even though the driver who caused the accident was intoxicated, you still have to maintain a safe distance between you and the vehicle in front of you. Liability is typically pretty clearly your fault when you rear end the vehicle in front of you. Sorry to hear about your situation. Drunk drivers make the roads a danger to us all.
Each driver is responsible for their own negligent conduct. Your insurance company should protect and defend you from this type of claim. If the DD created such a condition that it was impossible to avoid you may be off the hook. However, contact your insurance company and make sure they are aware of ALL the details of the accident.
New Mexico's comparative negligence law may be used to find you only partially at fault for the accident. Unlike alot of other states, more than one driver can be at fault for the accident. Think of it as a pie that can be cut into portions. I believe that you may be able to show that the drunk driver has a much bigger portion of the pie than you do. Depending on the insurance company, you may be able to convince them that he has almost all of the pie. As a New Mexico attorney you need to know that insurance companies hate to take drunk driver cases to court. I would use this leverage against them. Give me a call at 505-883-5000 and let me know who the insurance company is and a few more details and I will give you a free consultation. Thanks. Mark Caruso, Albuerquerque
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