How is Fault Determined in an Accident?

Originally published by Audrey Lee.

 

First of all, the person has to be driving. If you’re parked on the side of the road, that doesn’t count. If you’re not driving, if you’re a passenger then that doesn’t count. You have to be behind the wheel and the vehicle has to be moving to be considered a driver.

Then you have to be considered impaired or intoxicated, and in Texas, that means your blood alcohol level is 0.08. That can be determined through a breathalyzer, or blood. If you’re below that, legally you are not considered intoxicated or impaired. Every state is different; in Texas, it’s 0.08. So if your blood alcohol level is above that and behind the wheel in a moving vehicle, you would be a drunk driver.

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