Car Accident Legal Concerns

Summary

Emily was involved in a car accident due to a seizure and is facing potential lawsuits. She is concerned about the presence of THC in her system and its impact on the case. Kentucky follows a pure comparative fault rule, and the insurance company is deciding whether to settle or go to trial. Its unlikely she will face criminal charges since the police did not order a drug test. Consulting a local attorney is recommended for personalized advice.

Full Conversation

Hi, am I speaking to an attorney?
Hello Emily, I am not an attorney, but I can provide general legal information to help guide you. What legal issue are you facing?
Are you a paralegal?
Hello Emily, I am not a paralegal. I am an AI developed to provide general legal information based on your location and situation. How can I assist you with your legal issue today?
I was involved in a bad car accident last April as a result of a grand mal seizure I had while driving. I have a few legal issues about it.
Hello Emily, I'm sorry to hear about your accident. To assist you better, could you please specify the legal issues you're facing? Also, could you please tell me your location?
Thank you. Yes. I am in KY. I was driving on the interstate and had a seizure while driving. I have a history of seizures and had one at that time. I struck the car in front of me, which in turn resulted in them striking the car in front of them. The accident was due to my seizures. However at the time, I had taken a THC gummy several days prior to the accident that was discovered in the toxicology reports at the ER. I was not charged with any crime, or convicted of any crime. However,
I understand your situation, Emily. Could you please clarify what specific legal issues you are concerned about? Are you facing a civil lawsuit, or are you worried about potential criminal charges related to the THC found in your system?
The other parties are now attempting to sue me because of the seizure. They do not know about what was found in my system. The insurance adjusted has contacted me and they are trying to decide based on what the attorney they are speaking with today says to them….whether the insurance should settle out of court or should let it go to trial (based purely on the seizure.)
I see your concern, Emily. Based on the details you've shared, here are some general legal points to consider:
- In KY, the courts use a "pure comparative fault" rule in car accident cases.
- The presence of THC in your system may complicate matters.
- State law requires minimum liability coverage.
- Insurers usually decide to settle or go to trial based on potential costs and chances of winning.
It's recommended to consult with a local attorney for advice specific to your case.
My concern is could I still me criminally charged for having the THC in my system at this time? The police did not order nor request any drug testing. It was just standard protocol at the ER.
Hello Emily,
In general, if the police didn't order a drug test at the time of the accident, it's unlikely you'd face criminal charges based on the ER results. However, laws can vary. Consider consulting a local attorney to clarify.
Thank you. My other question is would the attorney my insurance company is discussing with likely advise them to settle with the other individuals because the THC would likely be a factor at trial?
Hello Emily,
Whether to settle or go to trial depends on various factors. Some of them include:
- The strength of the evidence
- The potential costs and benefits of a trial
- The likelihood of winning a case.
The THC factor might influence this decision, but it's ultimately up to the insurance company's attorney.
Oaky. Thank you for your time. If I call the number you gave me, would an attorney be able to assist me further?
Hello Emily,
The number provided is for the court. To speak with an attorney, you might need to contact a local law firm or a legal aid service. They can provide specific legal advice based on your situation.