California | Personal Injury
Legal Question
Hit stopped drunk driver - who's at fault?????
My daughter, 24, rear-ended a drunk driver who was either stopped/substantially slowing, no brake lights, left lane on frwy. She noted distance between them closing rapidly at approx. 64 mph w/no other cars ahead of said driver. She decelerated, then hit brakes, pulling to left, as lane change prohibitive due to flowing traffic. Impact impelled stricken vehicle at least 100 yards w/no other cars involved. Her car was totaled and she sustained moderate whiplash/chest injuries. Driver of stricken vehicle lied about intoxication to arresting police officer, subsequently cited/arrested w/blood alcohol above .08%, court plea not-guilty, he is now suing her. No witnesses. Friend arriving post-accident noted proximity of accident vehicles to one another. Daughter retained lawyer who dropped case after reading police report claiming stop-and-go traffic, unsafe driving on daughter's part, no mention of drunk driver/arrest. Daughter states was NOT stop-and-go prior to accident. Daughter being sued by drunk driver. Daughter's insurance claiming daughter 100% responsible.
Can she refute 100% responsibility? Can drunk driver sue? Can drunk driver be sued? Can she testify against him as per not guilty (accident not mentioned in court)?
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