It’s been six months since my husband was killed in a Louisville car accident. I have a copy of the police report that says the other driver refused to take a blood-alcohol test. Does that mean I should pursue a drink driving case, or is it too late?

As a grieving family member, you should be aware that there are many ways to get justice and closure for your loss. The period you have to file a suit (also known as the statute of limitations) for any car accident case in Kentucky where a victim has died constitutes manslaughter or murder, and there is no statute of limitations on either. You can pursue a case as long as the suspect is living.

The fact that the other driver refused to take a blood, breath, or urine test after the accident is not only suspicious, it can be used as evidence in your case. Under Kentucky law, refusal to submit to drug testing after a crash is an aggravating circumstance for a DUI conviction. 

Other aggravating circumstances that could increase the driver’s jail time include:

  • Driving more than 30 mph over the speed limit
  • Driving the wrong way on a limited-access highway
  • Causing an accident resulting in death or serious injury
  • Possessing an alcohol level of .15 or more within 2 hours after driving
  • Transporting passengers under 12 years of age

If any of these additional factors occurred, you have a strong case against the other driver. However, just because there is no time limit to file suit doesn’t mean you should wait to begin your Kentucky wrongful death claim—in fact, just the opposite is true. Evidence in drunk driving cases begins to deteriorate just hours after crashes occur, leaving the victim’s family with the additional burden of proving their case. 

The attorneys at Gray and White would be happy to answer all of your legal questions in your FREE consultation. Call us today at (800) 634-8767, or fill out the contact form on this page.

Matthew L. White
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Founder & Partner of Louisville Personal Injury Law Firm Gray & White Law