okay so there is driver (a) and (b). If driver (a) has some kind of drugs in their system and gets hit by driver (b) who would be at fault? Even if driver (a) wasn't in the wrong.
This sounds like a law school question. Let me guess (a) might be you? The drugs are generally a seperate issue. If the drugs impaired (a) and contributed to the accident then in a comparative negligence state that could be considered if know at a trial. If only dealing with the insurance company of (b) then the issue is who was as fault. Good luck, be sure to throw the roaches out the window and not put them in the ash tray.
Not enough info provided.
Depends on facts of accident, driving of (a).
Contact local Personal Injury attorney for advice and representation.
My response is my casual opinion and should not be taken or relied upon as legal advice. No communication here is intended to establish an attorney-client relationship.
When you say driver A wasn't in the wrong, you mean he wasn't negligent and the cause of the accident, and the accident was caused by driver B being negligent, then Driver B would be at fault.
Do they have proof of drugs in your system? I can assure you that if you did the defense attorney is going to claim that as a contributing cause.
We live in a comparative negligence. A jury will decide what percentage each driver is at fault
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It really depends on the situation. Suppose all parties agree that the driver with a substance in their system was at a full stop at a red light for 5 seconds and the "non-impaired" driver rear ended the stopped driver. Then the impaired driver could probably win a case on "summary judgment," which means on an motion without even having a liability trial, because the facts are indisputable as far as liability. However if there is a question of who had a green or did the "non-impaired" driver yield or any other disputes fact situation, the drugs WILL be something that goes into the analysis. It doesn't mean they lose necessarily, but it doesn't help, to be sure. Assuming this isn't a hypothetical, talk to a lawyer about how such a situation might affect the parties involved.
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When you say that driver A wasn't in the wrong, is that what driver B is saying? Is that what the cops are saying?
If driver A is impaired, how do you show that his impairment wasn't a factor in the accident? Answer: You can't.
Beyond that, if driver A is involved in an accident, with drugs in his system, his insurance company can disclaim coverage. Which means he's on the hook for the legal bills and any judgment against him.
The answer can only be "it depends". The question is, who caused the accident. There can be more than one cause, and both parties can be at fault
This is a fact intensive question. New York is a comparative law state, meaning Driver A's damages would be reduced by the percentage of his fault. Depending on the facts, Driver B's attorney will certainly try to argue that his impaired driving contributed to the accident. To be free of fault, Driver A would have to show his impairment played no part in the accident.
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