Legal Question in DUI Law in California

BAC reading-shattered bladder/pelvis

My son was in a MC accident after consuming alcohol-only a few beers in 4 hours. A car made a left in front of him- he had the right of way- but they are claiming he is at fault because he smelled of alcohol. No test in the field- he was not breathing. The bladder shattered on impact. Could this have skewed the BAC level or increased the smell of alcohol on my son's breath. He bled 7 pints of blood into his pelvis-mixed with the urine from the shattered bladder. Blood test skewed from that? I believe they most likely took one in the hospital.

Hospital bills close to 3/4 million- my son survived but is disabled 3/4 of his body. Full face helmets are the way to survive one like this. The other driver had minimal insurance so I don't believe our attorney feels it is worth the fight to prove my son was not at fault. Money or not I just want to check into every possibility-Thank you.


Asked on 4/29/08, 3:38 pm

1 Answer from Attorneys
Anne Marie Healy Law Offices of Anne Marie Healy

Re: BAC reading-shattered bladder/pelvis

If your son is not being sued by the other driver, or if he is not being prosecuted criminally, then there is no concern to prove that he was not at fault.

However, if you want to get as much money as possible to cover your son's medical bills and possibly money for his disability, then you should sue the other driver.

Keep in mind, though, that most likely no attorney is going to take this case on a contingency. Are there witnesses that saw the driver turn in front of your son? Is there any kind of proof that the driver turned in front of your son?

Does the owner or driver of the other vehicle own a home or other property?

See, if there's no money to go after, why go to court?

It's not his fault just because he smelled of alcohol. I was recently involved in a civil case where the defendant was found not guilty in a criminal trial for running over a teen-ager in the desert, even though the driver had alcohol on his breath and had a BAL of about .11 because it wasn't the alcohol that caused the accident.

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Answered on 4/30/08, 2:01 pm


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