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I was in a car accident and have an attorney, but have been just talking with the analyst and have questions?
Anonymous1 views4 answers
I was driving down a 2 lane rd. heading west. A F-350 from the other side of the median heading other direction starts to do a u turn, so I am in far right ln. he cuts in my lane I swerve to left ln. to avoid hitting his truck which managed to do! When suddenly I see a 20ft. trailer he is towing behind him. So I nailed my breaks and smacked into it with my 14 yr. old son! Today it has been 8 days since the accident. I found out in hospital that he not only cut me off but, it was an illegal u-turn! So, highway patrol said hes 100% at fault. But supposedly, the trooper said to his inc. adjuster I was on something, which was not true at all! But is that not illegal to say anyway, or I would have thought I would have been tested, so this is what I am told this is y I have no rental car still?
I definitely agree with the other attorney as I would not want to give advice that was different from what your attorney recommends; however, if you are asking the question on here I imagine that your attorney might be difficult to get a hold of and at the same time there is nothing wrong with a second opinion.
When law enforcement arrives at the scene of an accident they are often looking for an obvious violation of the law or do simply determine who was at fault for the accident and they want to issue a citation and move on to the next case. Obviously the trooper did not believe that you were impaired or he/she would have began a DUI investigation. That is helpful to prove that you were not "on something" however the civil (ie. insurance money) side is separate and they could argue that you were impaired.
It appears from the information that you provided that their argument is without merit and even if they attempted to argue this it would not bar or prohibit a recovery by you or your attorney; any recovery would only be reduced by any percentage of fault that was attributed to you being impaired.
As no one will be able to go back in time and test you immediately after the accident I believe that this issue should be resolved and you will be allowed a full recovery depending on insurance coverage.
Hope that helps,
Without being curt or disrespectful, you need to speak with your attorney about these concerns. S/he is in the best position to answer your questions since s/he's in command of the details, etc....getting your questions answered about is one of the many benefits of having hired an attorney.
Were you arrested for driving under the influence? What do you mean by "supposedly the trooper said?" Did the insurer indicate that it believes that you were on something? If there is no proof that you were driving under the influence, then the insurer cannot simply decide that you were. If the insurer refuses to cover you damages based on that theory alone, you'll have to sue the driver personally and his/her driver will have to defend their insured. I would guess that your attorney can deal with this matter.
