Auto Insurance Claims: Fault of Accident, Fault of Accident

Question
I was involved in an accident where the other driver was stopped in the middle of the lane on the interstate. There was no traffic around so no reason for him to be stopped in the lane. He was parked so there were no brake lights that i was aware of. I was traveling the speed limit (65mph) and didn't realize he was stopped until too late. I tried to swerve to miss him but caught the back left side of his bumper. It turns out he was arrested for suspicion of DUI, which is still pending toxicology results. I wasn't cited at all and the trooper even told me it wasn't my fault. According to my insurance company the majority of the accident is my fault. I find it hard to believe that there isn't some law that would change determining fault if someone was breaking the law when an accident occurs. Is there anything that does change fault determinants?

Answer
Hello Sarah,

Well, fault is determined by a negligence, a legal concept comprise of Duty, Breach, Causation and Damages, please see:

http://www.auto-insurance-claim-advice.com/Fault-for-the-Accident.htm

Simply because is under the influence of alcohol, it does not automatically makes the liable. Their drunkenness must be a "cause in fact" and proximate cause of the accident. If you are driving down the highway and do not see a vehicle parked, it shows that maybe you were either not looking out or you were going a little too fast. There is no reason why he needs to be there, but there is also no reason why a driver cannot see a parked vehicle (it could have been a deer, a child, or a cop car, etc). Drives still have a duty to lookout.


For more information about car accidents, please see:

http://www.auto-insurance-claim-advice.com/

Good Luck,
Anne
http://www.quirogalawoffice.com/