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Liability and comparative fault in DUI accident claims
In DUI accident cases, legal responsibility and compensation can extend beyond the impaired driver through the application of comparative fault and various liability doctrines.
Comparative fault allows for the assessment of responsibility among multiple parties. Even if a driver is impaired, other factors such as speeding, distracted driving, or ignoring traffic signals by other motorists may contribute to a crash. Depending on state laws, a person's share of fault can reduce the total damages they are able to recover.
Liability may also be assigned to several other entities. Under the principle of negligent entrustment, a vehicle owner may be held responsible if they provided a vehicle to a driver they knew or should have known was likely to drive dangerously. Additionally, employers may face liability if the impaired driver was working at the time of the accident. Other parties, such as establishments that serve alcohol, may also be investigated for their role in the incident.
Entities
Restatement (Second) of Torts · Restatement (Third) of Torts