December 17, 2009
After a fatal auto accident, do they take a blood sample of the victim of the fatality?
Wanano asked:
I know a person that is being charged with causing a fatal auto accident. They took a blood sample from him as a driver, but did not test the driver of the other car, who was killed in the accident. Wouldn’t the presence of drugs or alcohol in the deceased drivers system be pertinent to the facts of the case? Thank you for your input! W.
Conyers Personal Injury Attorney
I know a person that is being charged with causing a fatal auto accident. They took a blood sample from him as a driver, but did not test the driver of the other car, who was killed in the accident. Wouldn’t the presence of drugs or alcohol in the deceased drivers system be pertinent to the facts of the case? Thank you for your input! W.
Conyers Personal Injury Attorney
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Comments on After a fatal auto accident, do they take a blood sample of the victim of the fatality?
8:13 am
Conyers Personal Injury Attorney
They should. If they don’t, a defense attorney will certainly bring this up and the case MAY be thrown out…or the person may receive a lighter sentence.
3:00 am
Conyers Personal Injury Attorney
It depends upon the situation of the accident. If it was clear that your friend caused the accident and gave indications that he was intoxicated at the scene then the police would definitely take a blood draw from him and most probably not from the victim of the accident.
If it was clear or in doubt that the deceased victim was responsible for the accident then yes a blood draw would be required of both subjects.
While no blood draw would be required in the first situation one would be nice to establish the fact that the victim was clear.
3:44 pm
Conyers Personal Injury Attorney
At the other drivers autopsy, a blood sample was taken for toxicology tests. Happens when a death occurs that is not attended by a physician.
3:14 am
Conyers Personal Injury Attorney
This differs from State to State but in Connecticut a person believed to be responsible for a fatal motor vehicle accident is required to submit to a DUI test. In the cases that I’ve investigated I use either the Intoxilizer or have them give urine samples. I do use a blood test unless the person I believe responsible goes to the hospital for treatment. Blood is drawn in the normal course of business however in this case I would have to apply for a search warrant to obtain the results. As far as the victim is concerned an autopsy is almost always performed to determine the cause of death which is usually blunt force trauma and at that time the victim’s blood is tested to see if there are any illegal substances in his or her system and they also check to see what the blood alcohol content is. Of course I am not familiar with the circumstances of the accident but the deceased driver’s drug or alcohol content would really only be pertinent if it was a contributing factor to the accident. I know that probably doesn’t seem like it makes sense but to give you an example if the deceased was in the proper lane and the person being charged went into his lane and struck him head on causing his death whether the deceased had alcohol in his system really becomes irrelevant. The person charged should immediately get an attorney for guidance and if necessary they will hire their own accident reconstructionist to recreate the accident.