In a car accident in California, you can prove a drugged driver’s negligence by having sufficient evidence, such as police reports, witness testimonies, and photos of the accident scene. Usually, insurance companies look for such proof before making an offer for settlement.
This article will help you understand the steps to take to prove a car crash due to drugged driving and how to protect your rights in such cases.
How Dangerous is Drugged Driving?
Similar to drunk driving, operating a vehicle while drugged can pose significant risks to road users. This is because drugs have critical effects on an individual’s brain functions, causing drivers to exhibit reckless driving behaviors. In 2020, 12.6 million individuals aged 16 and up drove after using illegal drugs. From this, 11.7 million people were under the influence of marijuana.
With the significant number of drugged drivers in the United States, it is crucial to understand how drugs affect a driver’s ability to operate a vehicle safely:
- Impaired Judgment: Drugs can significantly affect a driver’s ability to make informed decisions and respond correctly in traffic situations.
- Delayed Reaction Time: Many medicines, including prescription and illicit narcotics, slow down the central nervous system, delaying reaction times. This makes it more difficult for drivers to respond rapidly to unexpected situations.
- Decreased Coordination: Drug use can impair motor abilities, diminishing coordination and control of the vehicle. This makes tasks like steering, stopping, and accelerating more challenging.
- Drowsiness: Certain medications, particularly those with sedative properties, can produce drowsiness and weariness. This can cause drivers to fall asleep behind the wheel or have microsleeps, which are exceedingly dangerous on the road.
- Distorted Perception: Certain substances can distort perception, impairing a driver’s ability to evaluate distances, speeds, and vehicle position on the road. This can cause swaying, lane departures, and crashes.
Moreover, studies have shown that the combination of alcohol and marijuana increases driver impairment, resulting in even more lane-weaving. Additionally, driving while under the influence of opioids doubles your risk of a crash.
Drugged driving is hazardous and can result in catastrophic, life-threatening incidents. It weakens critical driving skills and raises the likelihood of accidents. Hence, you must avoid using drugs before driving to ensure your and everyone’s safety.
Is Drugged Driving Illegal in California?
Drugged driving is illegal in California. According to California Vehicle Code Section 23152(f), driving while under the influence of any narcotic is prohibited. This law covers both illegal drugs and prescription pharmaceuticals that impair a person’s ability to drive safely.
Illegal drugs and their metabolites include:
- Heroine
- Ecstasy
- Methamphetamine
- Cocaine
- LSD
It also covers prescription drugs, such as:
- Oxycontin
- Oxycodone
- Ambien
- Vicodin
Additionally, it includes over-the-counter medications like:
- Cold medicine
- Allergy medicines such as antihistamines
- Sleeping pills
Authorities can conduct several tests to assess whether drugs impair a driver. Drug identification experts are police officers who have received specialized training in identifying indicators of drug intoxication. Their investigation includes:
- Field sobriety tests (FSTs)
- Taking your vital signs,
- A roadside breathalyzer test (PAS test)
- Urine and blood test
- Observing objective signs of intoxication
- Conducting interviews
Moreover, drugged driving is typically a misdemeanor offense. Still, it can escalate to a felony if there’s an injury involved, if the individual has a previous felony DUI conviction or three prior misdemeanor DUI convictions.
What to Do When a Drugged Driver Hits You
Being hit by a drugged driver can become complicated. Since they are impaired, they may exhibit dangerous and unpleasant behaviors that may escalate the situation. This is why you must know the steps to take when involved in a drugged driving accident:
- Stay Calm: Avoid arguing with the other driver, especially if they appear impaired.
- Limit Conversation: Avoid discussing the collision in detail with the other driver or admitting fault.
- Relocate to Safety: If practicable and safe, relocate your car to the side of the road to avoid future accidents.
- Check for Injuries: Examine yourself and your passengers for injuries. If someone is injured, call 911 immediately.
- Report the Accident: Call 911 to report an accident.
- Collect Evidence: Document the accident, such as by taking photos and videos of the vehicle damage, skid marks, traffic signs, and visible injuries.
- Mention Drug Use: Let the officers know if you suspect the other driver is under the influence of drugs. They may administer sobriety tests or seek a drug test from the driver.
- Seek Legal Advice: To understand your rights and alternatives further, consult an experienced California car accident lawyer. They can advise you on how to pursue a claim against the drugged driver.
Can I File a Claim for a Car Accident Involving a Drugged Driver?
If you are involved in a car accident in California caused by a drugged driver, that motorist may be held responsible for the resulting damages. Typically, their insurance provider will cover the damage expenses resulting from the collision.
However, when filing a car accident claim, you must establish liability – that the collision happened directly due to the driver’s negligent actions.
Generally, proving negligence in a personal injury claim involves demonstrating the following key elements:
- The driver had a duty to ensure the safety of all road users.
- The driver breached this duty.
- This breach caused the accident.
- The accident led to injuries or other damages.
You need to establish the driver’s liability before they can be held responsible for covering your damage expenses. However, when you suspect that the driver is under the influence of drugs, it may not be immediately apparent at the scene. It is best to contact the authorities to accurately determine and verify the cause.
Additionally, you can reach out to experienced California car accident lawyers who can examine the facts of the situation and use their resources to collect evidence proving the driver’s negligence.
What Evidence is Needed to Prove that the Driver Was Drugged?
One crucial step of the personal injury process includes proving the other party’s negligence that caused the accident. Hence, in a car accident in California involving a drugged driver, you must prove that they are guilty of drugged driving, resulting in the crash.
You can do this by collecting sufficient evidence, including the following.
Chemical Test Results
If responding officers suspect and arrest a driver guilty of drugged driving, that driver is considered to have agreed to undergo chemical testing of their blood to determine drug content. In cases where a blood test is not feasible, the driver is also considered to have consented to undergo urine testing and must comply with such testing.
So, if authorities conducted a series of chemical tests to determine a driver’s drug content, you may use this to prove the driver’s negligence in a car accident.
Witness Testimonies
Witnesses can attest that a driver behaved erratically, suggesting that they were under the influence of the drugs during the crash. This is why it is crucial to collect the contact information of witnesses at the accident scene. Usually, your lawyer will gather statements from witnesses as the legal process progresses.
Video Evidence
Surveillance or dash cam recordings from neighboring establishments may have captured the driver’s conduct or activities before or during the accident, providing visual evidence of intoxication.
This is why you must collect and preserve evidence at the scene, including photos and videos of the crash. Your car accident lawyer will review such footage and determine if there are other possible sources of recordings based on the video of the scene.
Medical Records
Sometimes, drivers have drug prescriptions needed for their medical conditions. You can request such a document to prove that they are regularly taking drugs that may have influenced the occurrence of the collision.
While it is possible to collect evidence at the scene, it may be challenging if you sustain severe injuries from the crash. How can you proactively take legal actions at the scene if your injuries hinder you from doing so?
A lawyer for a car accident in California can help you gather evidence, such as reaching out to car accident reconstruction experts, to prove your case.
Lawyer’s Tip: You can claim compensation for several losses, including monetary, non-monetary, and punitive damages. However, this can be challenging to prove. Contact a car accident lawyer who can calculate the total damages to maximize your payout.
Is It Worth Hiring a Lawyer for a Car Accident in California?
When there is suspicion that the driver is under the influence of drugs, it might not be immediately apparent at the accident site. It is best to contact authorities to assess and confirm the car accident’s cause correctly. However, what happens if you can’t report the accident due to your injuries and no other witnesses are present?
A California car accident lawyer is crucial in supporting your case by collecting essential evidence to validate your claim and advocating vigorously. They can also offer the following legal help to justify your case:
- Gathering crucial evidence to construct a solid case.
- Determining the liability of the party responsible for the accident.
- Assessing the full extent of the damages incurred.
- Negotiating with the insurance company.
- Taking legal action in court if required.
The Law Offices of Larry H. Parker houses a team of highly competent lawyers for California car accidents, bringing extensive personal injury law experience. To explore the best legal options for your case, contact us at 800-333-0000 or arrange a free consultation.
What Our Clients Say About Us
While many personal injury lawyers may accept your case and build a legal defense, none will champion your cause as fiercely as we do. Our California car accident attorneys are exceptionally well-equipped to create a flawless claim, as affirmed by our previous clients:
“I had a great experience with the LHP team. Pat, the paralegal, handles my case very efficiently and has nothing but good reviews for the team. Thanks for settling my case in my favor.” -Carlos Cesar Solano-Conejo.
Frequently Asked Questions
Accidents may be upsetting and complicated, leaving everyone involved with questions about their rights, obligations, and legal alternatives. Understanding the aftermath of an accident is critical for safeguarding your rights and getting proper compensation, regardless of whether you are the driver, passenger, or pedestrian.
If you have further questions, we answered some of the most often-asked concerns about road accidents.
- What Makes Teen Driving Dangerous?
- 5 Things To Expect in Mediation for Car Accident Settlements
- Does a Poor Driving Record Affect My Car Accident Claim?
- Should I report a Hit-and-Run with No Damage?
Works Cited
“Drugged Driving DrugFacts.” National Institute on Drug Abuse, 31 December 2019. Accessed 16 May 2024.
“Drug-Impaired Driving.” NHTSA. Accessed 16 May 2024.
“Section 23612 – Consent to chemical testing, Cal. Veh. Code § 23612.” Casetext. Accessed 16 May 2024.
“2020 NSDUH Detailed Tables | CBHSQ Data.” SAMHSA. Accessed 16 May 2024.
“Vehicle Code 23152 – Driving Under the Influence.” California Legislative Information. Accessed 16 May 2024.
