For example, let us assume that Driver is legally parked in a parking lot. Let us further assume that Driver is legally drunk in the driver's seat and that the engine is running while someone pulls out of a parking stall and hits Driver's car. Is Driver negligent? The answer for purposes accident fault is NO. The fact that Driver was drunk did not cause the accident. There was not casual connection between the fact that Driver was dunk and that a vehicle came and hit his/her car while waiting. For more information about causation visit http://www.auto-insurance-claim-advice.com/Causation.html
The last step is damages. Damages must exist either as property damage or as a bodily injury. The important thing to remember is that all damages must be related to the duty breach. In other words, if you have back pain and a headache, the analysis explained above will be applied twice (one time for the back pain and one time for the headache).
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