Am I liable if my husband leaves my home drunk and he drives and has an accident?

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Am I liable if my husband leaves my home drunk and he drives and has an accident?

I am 57 years old and my husband drinks and drives all the time. I am so scared that something is going to happen and he will hurt someone while driving. Am I liable if I know he leaves our home intoxicated?

Asked on June 13, 2017 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You are not personally liable for your husband's accident: you are different people, and one adult is not responsible for the actions of another adult (unless he/she is the legal guardian of the second, incompetent, adult). But of course, he would liable if he injures someone while driving drunk. That means that his income could be garnished; his share of money in the bank or investment accounts taken; a lien put on joint property; etc. In short, even without personal liability, if your financies are interconnected with his, as they are for so many married couples, you are still considerbly at risk.


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