Legal Question in Personal Injury in California

driver stopped on freeway & arrested for DUI causing another to crash into wall

FACTS: Innocent driver going at safe speed on freeway coming up to a drunk

driver stopped in middle of freeway causing innocent driver to hit breaks, lose

control and slam into wall resulting in injuries and totalled car. The innocent driver

did not hit the drunk driver BUT if it wasn't for the drunk driver, the innocent driver

would not have crashed. CHP says drunk driver not at fault and not involved in

accident. WHAT "REAL" RECOURSE does the innocent driver have, if any??


Asked on 5/05/00, 9:50 pm

2 Answers from Attorneys
Joseph Eggleston Law Offices of Joseph L. Eggleston & Associates

Re: driver stopped on freeway & arrested for DUI causing another to crash into w

There does not need to be contact between the vehicles in order for you to have a cause of action against the drunk driver. The officer was wrong in telling you that. Please contact me toll free @1-800-862-9253 for a free consultation.

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Answered on 6/21/00, 2:13 am
Jeffrey Zinder Zinder & Koch

Re: driver stopped on freeway & arrested for DUI causing another to crash into w

You may be able to pursue a claim against both the drunk and the CHP if they "stopped" him in traffic. The CHP is required to safely pull cars over. Also you as a driver are responsible to drive safe for conditions and the legal speed limit only sets up the maximum speed that you are allowed to drive if safe to do so. The defense will argue that you should have anticipated a car may be stopped and your reaction was due at least in part to your speed for the conditions. This is a factually complex matter. If you would like to e-mail me with further facts or if this is in Southern California please contact me at [email protected]

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Answered on 6/21/00, 10:16 am


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