Drunks shouldn’t be on the road to begin with because it is illegal, also illegal is crossing the lane markings (called failure to obey a traffic control device in some states). Drunk driving is a crime, agreed, but two people who end up in an accident while both committed illegalities to get them there have still both contributed to the cause. Sure, the drunk is MORE at fault, but her responsibility is somewhat mitigated by the contributing acts of the injured. And if he did swerve into her lane he should be apportioned his proper responsibility for the accident, even if its only determined to be 2%.
contributory negligence ping!