Is it procedure to have a driver submit to a drug test when they kill a pedestrian?

January 29, 2018

Question

My mom was struck and killed while crossing the street. The driver was tested for alcohol which was negative. She was than released from the scene. I have learned she was extremely upset and shaken at the scene but refused medical treatment. How was it determined that she was not under the influence of a substance/drug and released? Can a lawsuit be filed against the police for mishandling the investigation?

Answer

If the police had no 'probably cause' to suspect drug use (paraphernalia, pill bottles in the car, etc.), they would not have been required to drug test the driver. It's understandable that she was upset, that's only human. The case you would have is one for 'wrongful death' - some family member is appointed Administrator of your Mom's estate, and sues the driver+owner of the vehicle on behalf of the estate. You will need a lawyer for this. Don't delay, because there are time limits on submitting paperwork.

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