Drug impairment can have a substantial negative impact on a driver’s cognitive and motor abilities, making it more challenging for them to drive safely. Medicines, such as prescription medicines, illegal substances, and even over-the-counter pharmaceuticals, can affect perception, coordination, response time, and judgment. If an impaired driver hits you, they may be liable for the auto collision. In such cases, you will need to prove that the driver was drugged, resulting in the crash. While possible, it takes a deliberate legal approach and substantial evidence to demonstrate the driver’s liability. In this article, you will learn the key steps and considerations for proving a car accident claim involving a drugged driver, allowing you to pursue your legal rights properly.
Is Drugged Driving Illegal?
As drugs impair a driver’s ability to operate a vehicle safely, most jurisdictions do not allow drugged driving. This act is classified as impaired driving, similar to driving under the influence of alcohol. While the jurisdiction differs in states, it is generally illegal to operate a vehicle while under the influence of drugs that impair driving ability. For instance, in California, driving when influenced by any substance is unlawful unless the motorist is enrolled in a treatment program.
Suppose authorities think that you are under the influence of drugs while driving. In that case, they have the right to employ multiple methods, including field sobriety testing, blood tests, and drug recognition experts, to identify instances of drugged driving. Depending on the seriousness of the offense and the local regulations drugged driving penalties might include fines, license suspension, and even jail time.
How Dangerous is Drugged Driving?
Driving under the influence of drugs places everyone on the road and the drivers themselves in grave danger. Drug use can affect a driver’s judgment, response time, coordination, and perception, making it more challenging for them to drive safely and act accordingly if unanticipated events occur. This raises the possibility of traffic-related accidents, injuries, and fatalities.
In 2016, drugged driving played a role in 16.2% of the total 37,461 fatalities in the United States. Additionally, in 2018, an estimated 12.6 million drivers were operating vehicles while under the influence of marijuana or other illegal drugs.
Moreover, drugs and alcohol or other substances combined can intensify these effects and raise the risk of adverse outcomes, including accidents. For example, alcohol exacerbates impairment when mixed with marijuana, which increases the risk of lane weaving, leading to accidents.
The effects and legal status of different drugs differ significantly. Certain medications are prescribed for valid medical purposes, while others are prohibited due to abuse. Always heed medical advice and never use restricted medicines when driving.
Can I File a Claim for a Car Accident Involving a Drugged Driver?
If a driver is involved in a car accident caused by a drugged driver, they may be held accountable for the resulting damages. However, it’s essential to establish that the collision occurred directly due to the driver’s negligent actions.
Typically, proving the driver’s negligence involves demonstrating several key elements:
- The driver had a responsibility to ensure the safety of all road users.
- The driver failed to fulfill this duty.
- This failure led to the occurrence of the accident.
- The accident resulted in injuries or other forms of damage.
You must demonstrate the driver’s liability before they will cover the damage expenses you sustained. However, when a driver is suspected of being under the influence of drugs, it may not be immediately evident at the scene of the accident. It is best to contact the appropriate law enforcement agency that can help determine and verify the cause of the car crash accurately.
How to Prove a Car Accident Claim Involving a Drugged Driver
Remember that your car accident claim will only be valid if you prove the collision results from another driver’s negligence. In a car accident involving a drugged driver, you must demonstrate that they were impaired during the crash. You can do this by doing the following steps:
Seek Immediate Care
Your health should always come first. Get medical assistance and notify emergency personnel immediately after a car incident. Aside from guaranteeing your safety, diagnosing your injuries will be crucial in filing a compensation claim.
Moreover, some people might not notice latent injuries after an accident because they believe they are unhurt. Delayed symptoms, however, may appear later and complicate insurance claims. You must get medical attention as soon as possible to document any injuries and establish a connection between them and the accident, which will support the legitimacy of your claim.
Document the Scene
After securing your safety, gathering evidence from the accident site is essential. This documentation is pivotal in proving and winning your car accident claim. With this, the following evidence can help you demonstrate that the driver was impaired during the collision:
- Documentation of Damages: Collect photos of the accident scene, including the damage to your vehicle, your injuries, and the location of the crash. You can also create a file containing all the costs and losses resulting from the collision, such as lost wages, medical bills, and pain and suffering.
- Statements from Witnesses: Gather accounts from everyone who witnessed the collision and may have seen the driver’s actions before or during the crash. Witnesses can offer insightful testimony on the driver’s indications of impairment.
- Surveillance Footage: Surveillance camera footage can show what caused the collision and how it happened.
Obtain a Copy of the Police Report
Police reports can expedite the legal process if you file a car accident claim. They give an official description of the accident, including essential details like the date, time, place, and names of the people involved and any witnesses. In addition, the report may include witness and party testimonies, which would be vital proof for your case.
This is why it is crucial to obtain a copy of the police report that was filed at the accident scene. The report may include law enforcement officials’ observations of the driver’s behavior and statements made by the driver.
You may also collect the findings if the driver was drug tested after the collision. Positive drug test findings for marijuana, opioids, or other restricted substances can help the case against the impaired driver.
Hire a Car Accident Lawyer
Typically, individuals who sustain injuries in car accidents may find it challenging to initiate claims, mainly if their injuries are severe. Therefore, consulting with a legal professional is often recommended to initiate a claim while the victims recover from their injuries.
Aside from this, drugged drivers are often too impaired to act accordingly after the collision. For example, an impaired driver hits you in Newport Beach. After the crash, the driver fled the scene without notifying the authorities or providing aid. Unfortunately, the crash happened at night when no witnesses were present. How can you file a car accident claim if you can’t locate the driver?
A Newport Beach auto accident attorney can help use their expertise and resources to identify and locate the driver. If they can’t find the driver, they will determine the next appropriate steps for you to take to receive the compensation you deserve.
Conclusion
Being in a car accident involving a drugged driver can be terrifying. Fortunately, there are necessary measures you can take to safeguard your legal rights and yourself. Speaking with an informed lawyer who has handled drugged driving cases before can also offer crucial advice and assistance throughout the legal process.
A personal injury attorney possesses the necessary skills, knowledge, and tools to gather evidence, establish liability, and advocate on your behalf. They can also assess the extent of damages incurred, aiding in the pursuit of fair compensation.
