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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I was involved in a very serious accident in Knox County KY

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I was involved in a very serious accident in Knox County KY recently. The wreck occurred after I had pulled of the highway. An elderly man veered into my lane a struck my vehicle. Despite being stationary, I may have been impaired. I was taken to the hospital and the guy from the other vehicle died. I do not know if a BAC test or other test were performed. One document retrieved from one hospital said they were unable to obtain. I was suffered a concussion and have been very confused since the accident. It has been 2 weeks and no one has contacted me or said anything to me. The police have not spoke to me. It seems like the insurance companies are moving slow. What should I do?

Thank you for your question and I'm very sorry to hear about your predicament.

You state that you were pulled off the highway, but then you state that the elderly moved into your lane.

How far off the highway were you? Do you attribute the crash to your fault at all?
Customer: replied 3 years ago.

I was stopped on the shoulder and well off the road. I do not think it was my fault at all because the other driver came across four lanes of traffic to hit me , According the witnesses he had really bad health problems and may have had a heart attack prior to hitting me.

Thank you for your response.

In this situation, you have a claim against the elderly driver for negligence. The estate is who you would sue. If there was an issue with you having a BAC over the limit, then the estate could use this against you in your claim. They would try to show that this was contributory negligence per se. You would be able to defeat that defense because you were parked on the side of the road. So, I don't believe it is really an issue here.

The bigger issue I see is that the estate may have another defense against your claim for an "act of god." In other words, generally where an automobile collission is caused because one of the drivers had a heart attack, that driver will not be liable because the accident was not a result of that driver's negligence, but instead was caused by an "act of god" (i.e., the heart attack).

My thoughts are that you should pursue this claim, as either of these defenses to your claim is something that the estate would have to prove.

Please let me know if you have any questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating does not cause an additional charge and will not prevent us from further working together on your questions.

Best Regards,
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