[SnuffaBolshevik]

"The driver that hit the bikes is not at fault... it was another driver that caused the accident and even the group of bikers stated that Carlos Bobadilla was not at fault."

Doesn't matter. He was DRUNK while driving.

Do I have to draw a picture?

[Ramius]

I think the point is that of course, if he was drunk it may have contributed to his reaction, but that doesn’t make it the ~cause~ of the crash. It’s also possible that a sober driver could have done just the same thing. That’s a fact that has to be sorted out by a jury.

Of course if he was DUI, he should be punished for that, apart from whatever fallout there is from the crash.

Say some drunk driver is sitting at a red light and gets rear-ended at high speed— knocking his car into a pedestrian in the crosswalk. Does the DUI make it his fault there too? No...

[dragnet2]

Thank you....

It would be like me being drunk, and someone rear ending me, at 5MPH at a red light....And since I am drunk, my left foot hits the gas, instead of reacting and hitting the brake, causing me to drive into the intersection, broadsiding a car full of cub scouts, killing them all.