Philadelphia, PA asked in Car Accidents, Civil Litigation and Civil Rights for Pennsylvania

Q: Can i sue a cop for for taking me to get blood after a DUI crash accident when i was unconcious instead the hospital

The police officer Took me to get my blood while i was Fazing in and out of conciousness, right after A auto Crash , He believed i was under the Influence , instead of going to hospital he ran me through some place to get my blood without my concent (because i was unconcious). my blood showed positive in the report for heroin morphine xanax cocaine codine merjuana, with those dangeriouse mixes, shouldnt he have taken me to hospital first? even while i was fazing in and out of conciouseness and he suspected it was because of drugs and i was in a crash accident. thankyou.

4 Lawyer Answers
Elizabeth Tarasi
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Answered
  • Personal Injury Lawyer
  • Pittsburgh, PA
  • Licensed in Pennsylvania

A: No you do not have an action against the police officer.

Cary B. Hall
Cary B. Hall
Answered
  • Criminal Law Lawyer
  • Norristown, PA
  • Licensed in Pennsylvania

A: I imagine you *were* taken to a hospital to get your blood drawn -- among other things, like making sure you were physically safe and stable.

But no - you don't get to voluntarily put a gazillion drugs into your system, drive a vehicle, and then sue a cop because he didn't take you to a hospital after you're zonked out and crash. C'mon, seriously?

Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA
  • Licensed in Pennsylvania

A: 2 wrongs don't make a right. Just because there was a better health option, doesn't mean you have a case if it did no harm. As to the test, you may be able to object to them in court, and given all that you will definitely want to discuss this with a criminal defense attorney. At the same time you can ask him about your question but I don't see it.

Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA
  • Licensed in Pennsylvania

A: To have a damages case you have to show something bad happened--not what could have happened.

You can discuss whether or not procedurally the way it was done helps you when discussing the DUI charges.

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