Car Accidents Caused by Someone Driving under the Influence of Drugs Lawyer
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Any car accident can produce injuries and fatalities. For some reason, the circumstances surrounding some of these collisions are harder to bear. For instance, crashes caused by slick roadways are more understandable, but people seem to view those caused by someone driving under the influence of drugs as particularly tragic and senseless.
If you or a loved one sustained injuries in a car accident caused by someone under the influence of drugs, you can seek compensation for your damages. The competent accident attorneys at Big Auto can help you with the claims process and increase your chances of a favorable outcome.
How Do Drugs Affect Driving Abilities?
Most illegal drugs produce significant impairments that make driving safely impossible. The effects vary, but illicit drugs can cause confusion, feelings of recklessness or invincibility, blurred vision, impaired judgment and motor coordination, difficulty focusing and disassociation.
Some over-the-counter and prescription medications have similar effects. Be sure to check for any warnings on labels, packaging or documents and follow directions if they state that you shouldn’t drive or operate heavy machinery while taking the medications.
Alcohol and extreme fatigue often produce the same kinds of impairments as drugs. Driving under the influence of any of these things is dangerous, and you deserve compensation if an accident injures you.
Is Driving Under the Influence of Drugs Illegal?
Yes, this negligent behavior is illegal. However, your claim for compensation rests on the negligence of the action, not its lack of legality. Law enforcement officers may press charges for the offense, but you still need to file a claim to obtain compensation.
What Is Negligence?
As the basis for most personal injury claims, negligence is a legal concept that refers to someone not acting as a reasonable person would in the same situation. Reasonable people should realize that driving under the influence of drugs isn’t a good idea, so they won’t get behind the wheel. Negligence can be an action or an inaction.
Every driver has a legal duty of care to take precautions and follow safe driving practices to reduce the risk of causing harm to others. To prove negligence, you need evidence that shows:
- Someone owed you a duty of care.
- That party breached their duty of care.
- You sustained injuries.
- The breach is directly responsible for your injuries and resulting damages.
In cases where the at-fault driver is under the influence of drugs, for instance, you need to prove that drugs are present in the driver’s system. These cases often require an investigation to fully uncover enough evidence to support your claim. Although conducting a thorough investigation might be a challenging prospect for you, your Big Auto legal team can handle it for you.
What Kinds of Car Accidents Happen Because Someone is Driving Under the Influence of Drugs?
Even a small amount of drugs in a driver’s system can produce various detrimental effects, and these drivers may cause many kinds of accidents.
Failing To Yield
Many driving situations require a driver to yield the right of way to other vehicles, pedestrians or cyclists. The effects of drugs can make drivers careless, lose focus and exhibit poor judgments.
Speeding
Whether they speed intentionally due to recklessness or aren’t aware of their speed, drivers under the influence of drugs often travel at unsafe speeds. These speeds may be above posted speed limits or too fast for conditions.
Unsafe Merging or Lane Changes
Merging and changing lanes safely requires drivers to accurately assess speed and distance, check their mirrors and blind spots and turn on their blinkers. Blurred vision, impaired judgment and an inability to focus on the act of driving are just a few of the effects of drugs that can lead drivers to make unsafe lane changes.
Erratic Path
Drivers under the influence of drugs may not be capable of staying in their lane. They may slowly drift into other lanes or onto the road’s shoulder. They might also swerve suddenly.
Inconsistent Speeds
In traffic, drivers should usually maintain a steady speed that corresponds with nearby vehicles. Drugs often make affected drivers speed up and slow down inconsistently and for no apparent reason. These speed changes can confuse other drivers and make it difficult to make the correct evasive maneuvers to avoid a collision.
What Are Negligence Laws?
Every state has negligence laws that govern whether you are eligible to seek compensation for your damages in a car accident and how much your payout can be. Your assigned degree of fault is instrumental in making these determinations, and making sure that the percentage of fault assigned to you is accurate is one of the most important functions your Big Auto attorney performs.
Because negligence laws vary, it’s important to find out the laws in the state where your accident happened. Your Big Auto lawyer can explain the applicable laws and how they affect your case.
In some states, you can seek compensation from other at-fault parties even if you are 99% responsible for causing your accident. At the opposite end of the spectrum, other states prohibit you from seeking compensation if you are 1% to blame.
Most states use a form of modified comparative negligence. Under these statutes, you can file a compensation claim if your degree of fault is under either 50% or 51%.
When you are eligible to file a claim, your assigned degree of blame plays an additional role. You should expect a reduction in your payout that corresponds to your percentage of fault. For instance, if you are 25% at fault for your accident, the most you can receive is 75% of your losses.
What Kinds of Compensation Can You Receive?
Case-specific factors determine what kinds of compensation you qualify to seek. Your Big Auto driving under the influence of drugs lawyer can tell you how much your case is worth.
Economic Damages
You will likely incur many expenses due to your accident. Economic damages reimburse you for things like medical treatments, lost wages, replacement services and property damages.
You will need to prove that you suffered these losses, so keep your invoices and receipts.
Non-Economic Damages
Car accidents can cause more than physical injuries. They may also adversely impact your quality of life. Non-economic damages compensate you for pain and suffering, losing the ability to enjoy life, depression, inconvenience and similar conditions.
Because many qualifying conditions are intangible, there is no set compensation dollar amount. Generally, the worse these things affect you, the more compensation you might receive.
However, insurance companies often try to avoid paying non-economic damages. Getting the compensation you deserve is challenging if you handle your case alone.
Exemplary or Punitive Damages
Sometimes, the at-fault party’s especially reprehensible behavior makes you eligible to receive exemplary or punitive damages, although these awards are rare. If you qualify, your Big Auto legal team will help you pursue these damages.
Why Choose a Car Accident Lawyer From Big Auto?
Our nationwide network of experienced law firms focuses on handling car and truck accidents. We know which state laws apply to your case and how to reach a favorable outcome. Whether we can settle your claim or need to take your case to trial, we will always advocate for your best interests. We Don’t Just Win — We Win Big.
If a driver under the influence of drugs causes an accident that injures you, you need effective legal representation. Contact Big Auto 24/7 to request your free case evaluation. If we don’t win, we won’t charge you anything.