Any driver who attempts to drive while affected by mind altering drugs, whether they are controlled substances or not, could cause an accident in which people could be injured or killed. Many drugs are illegal and others, such as some medications, should not be used when driving or just before driving.
The problem with drivers who are driving while affected by drugs is that it is impossible to predict their intentions. Even the safest of drivers cannot know in advance that they are going to be hit by a driver on drugs.
If this is what has happened to you, you have good grounds for pursuing a claim against the at-fault driver. You have a better chance of succeeding if you file a personal injury claim against the driver if you use a car accident attorney to help you.
Damages after an Accident Caused by a Driver on Drugs
All personal injury claims tend to include a standard set of damages, although the exact amounts vary from accident to accident and injury to injury depending on the severity of the crash. The main addition to a personal injury claim against a driver who was on drugs at the time of the accident is that punitive damages may be demanded.
These are often awarded when the degree of negligence is determined to be excessive. Driving while on drugs and knowing that your driving would be affected could easily be viewed as gross negligence.
The other typical damages claimed include:
- medical costs;
- loss of earnings;
- property damage;
- pain and suffering.
How a Car Accident Attorney Can Help You Prove Fault
Your attorney will liaise with police. If police arrest the other driver and charge him or her with DUI then a conviction would be vital evidence in your personal injury claim. As with all personal injury claims it is essential for proof to be submitted to the at-fault driver’s insurer that negligence was involved.
In addition to any police report and subsequent criminal charge against the driver, eye witnesses and the crash report itself by a car repair yard can also help to determine who was at fault. Your car accident attorney will have dealt with claims of this nature before and will know whether you have sufficient proof that the driver that hit you was at fault.
Why You Should Let a Car Accident Attorney Handle Your Case
It is an unfortunate fact that insurers tend to take the side of their client, even in a situation when their client was driving while taking drugs. They may even suggest that the drug taking was not a direct cause of the accident.
In some states, the percentage fault can turn a possible compensation claim into a failure if the insurer believes that you were as much at fault as the other driver. This is where it is important to hire a car accident attorney who has already dealt with cases like yours before and who will know what it takes to convince an insurer to make a justified payment.
Most personal injury attorneys will defer payment of legal fees until a satisfactory settlement is reached. If the claim fails, then there will be no extra legal fees to pay. Fill out the Free Case Evaluation today!
