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Getting insurance and toxicology reports to support wrongful death lawsuit
Anonymous2 views1 answers
My father was killed in a motorcycle accident that was the other person's fault. I received the toxicology report from the hospital for the insurance company & it came up positive on the drug screen for THC but it was marked A for abnormal. I know that my dad may have smoked once in a while but, we are wondering if this will affect us being able to collect the insurance money to pay for his funeral. Or if it will affect the wrongful death suit that our lawyers are working on.
I am very sorry for your loss.
Although I practice in Florida, I can tell you that a toxicology screen is just the tip of the iceburg when making a proper legal analysis as to liabilty of an accident. Drugs, unlike alcohol, have a tendency to stick around in the blood stream long after use. In fact, it may be that your father used the marijuana - took a nap - took a shower - drank some coffee - then got on the road - by then, for all practical purposes the effects may have "wore off" although still present in his blood stream. Secondly, even if he was presumed to have used marijuana - and even if was presumed to be impaired on the marijuana while driving - it still does not change the question how your father was driving that day. If his driving pattern was normal, his alleged recation time to the negligent driving was normal - i do not see, other than to confuse a jury - whay a toxicology report would even matter as to the discussion of liability in your case - - - - -the issue is your fathers driving - not his personal habits
