It just gets worse

[cjsmith]

I've recently learned that it's not at all clear whether my uncle had a heart attack BEFORE or AFTER his car was hit.

My uncle and one of my cousins had planned to meet for a concert. The accident occurred in the parking lot of their destination. My cousin arrived while emergency personnel were still clearing up the accident. He watched his father being loaded into the ambulance. He says he smelled alcohol on the other driver's breath, but the policeman on the scene did not choose to (? refused to?) demand a breathalyzer test. My cousin surmises that this refusal was because the other driver happened to be a firefighter and there was some level of "professional courtesy" going on there.

At some point it doesn't matter -- I mean, nothing's going to bring my uncle back, and if this guy was drunk he's going to have to live with that knowledge for the rest of his life whether or not someone ruins his career as well -- but my cousin is understandably pissed off.

Comments

[cyan-blue.livejournal.com]

Ouch.

Is there any way your cousins can sue the fire dept for negligence in following up on their duty? Not that it would restore your uncle, but...

I'm not sure if they could prove it though, cause alcohol leaves the system quick. Grrr...

[cjsmith.livejournal.com]

I suspect it was the policeman's duty to administer the test. I might imagine my cousin suing, if he's certain enough of his observations. He's a lawyer.

And yeah, likely no way to prove it.

Heck, if I were that other driver and I thought I was innocent, I would have insisted that the policeman give me the test. I would want no questions. But if he thought he might be over the legal limit, he wouldn't do that... or if the cop just thought my cousin was raving and distraught and temporarily off his rocker, they wouldn't have bothered, either.