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Drug-impaired driving is a growing concern in today’s society. With the rise of recreational drug use and the increasing availability of prescription drugs, it is essential to understand the prevalence of this issue.
A driver should not get behind the wheel after consuming alcohol or taking a controlled substance, regardless of whether that drug is legal or not in the jurisdiction where they live. These substances can gravely impact their ability to operate their car safely, and even prescription medications can significantly increase the risk of a car accident.
If you have suffered an injury in a crash when the driver was under the influence of either drugs or alcohol, you can file a civil case against the driver. Their car insurance policy must pay you for the full amount of your damages, up to the amount of the policy limit, when you can prove that the driver was to blame for the accident. The insurance company must still pay your damages, even when its driver may consciously choose to break the law. They may even be personally liable for damages you have suffered that their car insurance policy does not cover.
You should contact a Kent car accident attorney to discuss your legal rights. Your car accident attorney will review your case and help determine whether you may be eligible for financial compensation. Even if you think what happened was clear, you should not assume anything in a car accident case. You are still dealing with an insurance company with a profit motive, and you need someone who can always stand up for your legal rights.
How Drugs May Affect a Motorist
There are numerous effects of drugs that can raise the risk of a car accident that can include the following:
- Certain drugs and controlled substances can impact the driver’s coordination. A driver may have slower reflexes and cannot respond to challenges on the road in time.
- Some drugs may lower a driver’s inhibition and affect their decision-making, resulting in them taking riskier actions.
- Drugs that are a type of amphetamine can raise the driver’s level of riskiness and aggressiveness.
- Certain drugs and controlled substances can make a driver fatigued and drowsy and increase their risk of falling asleep behind the wheel or losing control of their car.
These effects may increase when the driver takes more than one drug or mixes them with alcohol. The more that is in the driver’s system, the higher the risk they will do something to cause an accident.
The driver is not in a position to assess whether the drugs have had an impact on them. One of the effects of these substances is to reduce the driver’s self-awareness, such that they may not even realize that they are under the influence. Thus, a driver may think that they are ok to drive when they are, in fact, at high risk of causing an accident.
Drugged Driving Is Becoming More Common These Days
The fact that many states have legalized cannabis use and it is becoming more widespread means that there has also been an increase in drug-impaired driving. While some individuals may consume marijuana for medical reasons or recreationally in a responsible manner, others may underestimate the impact it can have on their driving abilities. The 2021 National Survey on Drug Use and Health found that almost as many people drive under the influence of drugs as they do when they have drunk alcohol. According to this study, nearly 12 million people got behind the wheel when they were under the influence of drugs, compared to the almost 14 million people who drove under the influence of alcohol. Many drivers are under the influence of both drugs and alcohol at the same time.
Further, statistics that come from tests for drivers who the police arrested on suspicion of impaired driving may not accurately capture the prevalence of the problem. The tests may not find the presence of every type of drug in a driver’s system. Emerging types of drugs may require advanced testing methodologies to detect, and police may not always have ready access to these tests. For example, Tier II drugs on a list created by the National Science Council may impact drivers. Even if the tests detect these drugs in a driver’s system, it is not necessarily conclusive proof that they were driving under the influence.
These statistics represent surveys that researchers used to collect information from drivers. Many of them self-report that they drove under the influence of drugs or alcohol. Still, since many people may not want to admit illegal behavior to a surveyor, they may not have been truthful on the survey. Or, they may think that consuming one drink or briefly smoking marijuana may not render themselves under the influence. Thus, the number of people who engage in these behaviors is likely higher, and the problem is far more widespread than people realize.
The Law Prohibits Drugged Driving
State laws regarding impaired driving include operating a motor vehicle under the influence of drugs. Law enforcement can stop a motorist and charge them with DWI even when they are not under the influence of alcohol. Driving under the influence of marijuana is a crime, even though it may be legal in the state in which they live. DWI does not necessarily depend on the legality of a substance, especially considering that alcohol is not necessarily illegal in itself. So long as a substance impairs the driver when they get behind the wheel, they are breaking the law.
Police Cannot Always Determine Whether a Driver Is Under the Influence of Drugs
It can be challenging for a police officer to detect drug use at the scene of the accident because they do not have the same ability to test drivers for drugs as they can for alcohol. Even if they have a chemical field-testing kit, it is sometimes unreliable. Thus, the drivers may defend themselves from criminal charges because the evidence against them is faulty. However, that should not have an impact on your civil case.
Typically, law enforcement will detect drug use after taking a blood or urine sample from the driver. If there is probable cause, they may need to obtain a search warrant to conduct these tests. By the time the police get the warrant and administer the test, the actual amount of drugs in the driver’s system may dissipate or become undetectable. Even the sample that the police took is subject to challenge because of faulty testing.
Further, the substance that is in the driver’s system might be a legal prescription drug. Even though the driver should not get behind the wheel after taking it, their attorney can challenge any criminal case based on the presence of this prescribed drug in their system.
You Do Not Have to Prove Drugged Driving to Win Your Case
If you are filing a claim when you have suffered an injury in an accident caused by a drug-impaired driver, the success of your case does not depend on whether the court convicts the driver of the charges. There is a different standard of proof required in a criminal case than a civil one. In a criminal case, the prosecutor must prove the driver’s guilt beyond a reasonable doubt, which is a high standard of proof. In a civil case, you need to prove your case by a preponderance of the evidence, meaning that you have to show that your facts are more likely than not to be true. Even if the court does not convict the driver, you can still win your civil case, so you should never draw any assumptions.
You do not need to prove that the driver was on drugs at the time of the accident to win your case. You are in a position to receive financial compensation when you can show that the driver involved in the crash was negligent. Here, negligence means that the driver did something unreasonable under the circumstances. The fact that the driver was under the influence may have caused them to do something negligent. For example, the effect of the drugs may have dulled their reflexes, causing them to miss their cue to stop in time to avoid a rear-end car accident. They may not have checked their blind spot to avoid sideswiping you when changing lanes. In other words, the driver’s actions count the most in proving your claim for financial compensation.
Proving Drugged Driving Can Still Help Your Civil Case
Of course, it always helps your case when you can show that the driver was under the influence. Liability in your case may be a close call, and proving that the driver was on drugs can tip the scales in your favor. Knowing that the driver was on drugs also puts you in a better position when it comes to negotiating your actual financial compensation with the insurance companies. They may not want to take the chance of having to face a jury when their driver was not just negligent but acted recklessly and caused the accident when they were under the influence. A jury can react angrily and viscerally and may even assess punitive damages, a chance the insurance company does not want to take.
Your car accident lawyer will try to obtain the results of any drug test the police administered. Of course, law enforcement will not willingly share this information with you based on a request from your car accident attorney. Instead, your car accident attorney must obtain a subpoena through the court system to get this evidence from law enforcement. It may help your car accident case if you can secure this proof.
An attorney will know how to conduct a thorough investigation, collecting essential evidence such as police reports, witness statements, and medical records. They will also have access to expert witnesses who can testify regarding the effects of drug impairment on driving ability. By building a strong case with compelling evidence, your lawyer will increase your chances of obtaining fair compensation.
You Always Need a Car Accident Lawyer for Your Case
Drug-impaired driving cases are complex and challenging, requiring knowledge in the field of traffic law. An attorney with experience in drug-impaired driving cases can handle the legal system on your behalf, advocating for your best interests and ensuring you receive the compensation you deserve.
Even if you are confident that the other driver was under the influence, you still need a car accident attorney to handle your case. Determining liability is only a part of the case you must make to receive full compensation for your car accident injuries. You must negotiate compensation with the insurance company, which can involve a fight. Insurance companies may make you low settlement offers, and unless you know the value of your case, you may be at risk of accepting something that is not advantageous to you. The only way to get the money you deserve is by rejecting a low settlement offer and continuing to negotiate or filing a lawsuit in court.
Your car accident lawyer will deal with the insurance company and stand up for your right to full and fair financial compensation. Dealing with insurance companies is intimidating and overwhelming, especially when recovering from injuries and handling the legal process. An attorney familiar with drug-impaired driving cases will have the skills and experience to negotiate with insurance adjusters and ensure that you receive a fair settlement. They will also protect you from any tactics or strategies insurance companies use to diminish or deny your claim.
Hire a Skilled Car Accident Attorney
Now is the time to get legal help for your car accident case. Even when the driver was clearly responsible for your accident, the insurance company may try to pressure you into accepting a settlement before you can even realize the value of your case. Hiring a personal injury lawyer can help put the brakes on any pressure the insurance company applies and make you fully aware of your legal rights.
