How is fault determined in a drunk driving accident case?

Fault in a drunk driving accident case is determined based on the facts of the situation. In Oregon, if the driver who was intoxicated was the one who caused the accident, then they are found to be at fault and liable for any damages resulting from the crash. This is because driving while under the influence is considered a negligent and a criminally reckless act. In some cases, the driver who was not intoxicated may be found partially at fault, or even fully at fault. In Oregon, contributory negligence laws state that if a non-intoxicated driver contributes to the accident in any way, then they may be found at least partially at fault. For example, if the non-intoxicated driver failed to take reasonable steps to avoid the accident, then they could be found to have contributed to the accident and therefore be at least partially at fault. In other cases, the non-intoxicated driver may be found to be fully at fault. In Oregon, this could happen if the non-intoxicated driver was the one who recklessly caused the accident, or if they were driving in an unsafe manner, such as speeding or running a red light. Fault in a drunk driving accident case is determined based on the facts of the situation and is ultimately up to the court to decide. Any damages awarded for the accident will reflect who is found to be at fault and what percentage of fault each party is responsible for.

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How is fault determined in a drunk driving accident case?

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