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Let’s see the video.
Determining fault for this accident is not that hard. The reason? We know that the person driving the black Cadillac was drunk and left the scene. We can do the fault analysis that a court would follow (Duty + Breach + Causation + Damages = Fault), but in reality, we look to see what a jury would ultimately decide. Driving Drunk is never looked favorably in a court of law, much less when the driver left the scene of the accident. The Duty, Breach, Causation, Damages analysis applies to the pedestrian as well.
It can be argued that the pedestrian had some responsibility in the accident; after all he is walking at night time on the middle of the street. We do not know if there are J-walking laws in this location, but we know that he is not crossing the street in a corner or where it is safe to do so. If we look at the video more carefully, we can also see that the pedestrian did not speed up or move very fast to avoid being hit. It is clear that the Cadillac had the lights on. Again, the defense attorney (the driver should get an attorney in this case as he is in deep trouble), would probably try to argue the above; however this is a bad case to defend (for obvious reasons). Remember that most insurance policies do not exclude you from drunk driving. You would be covered even if that is the case (read your policy). They will probably cover the accident and then cancel the driver after that. Also note that the pedestrian would have coverage under the
Personal Injury Protection (PIP)
section of the policy since he (the pedestrian) is included in the definition of Insured even thought he is a third party of the policy.
The Verdict: 100% fault against drunk
driver.
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