In most states it is assumed that the driver with the last opportunity to avoid a collision is at fault. It is further assumed in most states that the impaired driver, since he was not able to respond properly to the conditions, is at fault by the fact that he/she should not have been on the road in the first place. Never drink or use drugs and drive while under the influence of those substances. Research has indicated that the first drink, just one beer or mixed drink, starts to slow your reaction time, diminish your ability to process multiple events that are happening and impairs your judgment. While that first drink (for most people) does not seem to be enough to make people unsafe drivers, at .08% BAC EVERYONE is significantly impaired. Whether it was the inability to make good decisions while impaired, the slowed reaction time or the inability to process multiple events while driving, the fault is properly on the impaired driver IN ALL CASES! Bottom line is that this question should never have been asked. If you're driving around drunk, and you get into an accident, regardless of why, you're liable due to the fact that you shouldn't be driving around at all, therefore, if you were not driving around, the accident would not have occured.
You can automatically be at fault in an auto accident if you are the only driver involved; you were the driver who was not obeying the speed limit; if you were the driver who was not using safe driving rules; if you were breaking a law; if you were impaired. The most common cause for automatically being at fault is driving too close to the car ahead of you for the speed you are going and driving over the speed limit. None of these conditions are 100% automatically your fault but very close to that, especially if others involved in the accident were not doing any of the above.
No. Just the fact of being unlicensed does not mean that the driver did something that caused the accident. Being unlicensed is what is called a non-moving violation. Another violation of this type may be not having a current registration tag on the vehicle. Just because you don't have a tag on your car doesn't automatically make you at fault for someone hitting your car. Fault for the accident will have to be determined by the police officers after they investigate the scene and take statements from witnesses. The person who is driving without a drivers license will get a ticket for not being licensed and then whoever was at fault will receive a violation for whatever they did to cause the accident.
The fact driver B left the scene does not change that driver A is at fault (there are exceptions to driver A being at fault)Additional: While Driver A may have been the striking vehicle, Driver B MAY be at fault for "Changing Lanes Without Caution." Regardless of the circumstances of the collision itself, Driver B can be charged with "Leaving the Scene of an Accident."
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