Posted on: 20 May 2021
In the United States, there is an epidemic of opioid use. This problem is partially the result of opioids being prescribed in larger quantities and partially due to the illicit trade of opioids where these drugs are supplied to those who have an addiction. If you are involved in an accident with a driver and you believe they are driving while under the influence of drugs, you'll want to get to the bottom of this.
Why Opioid Use Matters
When drivers are drugged, they have a much lower reaction time and are less alert. Many drivers believe they can drive while using opioids because they are prescribed by a doctor, but these drugs can still affect a driver's ability to safely operate a vehicle, and this can also be considered a DUI.
It is illegal to operate a vehicle while under the influence of opioids. If you believe that the driver is slurring their words or acting strangely, you will want to bring this up with the police when they arrive at the scene after you report the accident. A police officer may press charges if they detect a trace amount of opioids and if it was clear that the driver was impaired at the time of the accident.
Compensation for Your Car Accident
A criminal conviction will not lead to you receiving compensation for the damage done to your car and any injuries you suffered. Instead, you will need to file a personal injury claim against the driver. However, evidence that the driver was under the influence of an opioid can be used as evidence of negligence.
Proving negligence is essential in a personal injury case because you will not be entitled to compensation unless you can prove that the driver had duty of care, the driver breached this duty, you became injured, and you suffered as a result of the driver's actions.
Drugged Driving and Your Case
A drugged driving personal injury case can be more complex than other cases involving negligence. You will need to prove that the other driver was under the influence of the opioid and that this opioid had a direct impact on the driver's ability to operate the vehicle.
The drugged driver's insurance provider will do everything possible to deny your claim. For this reason, you will need to work closely with an experienced auto accident lawyer who can counter the claims made by the insurance provider and seek the highest possible settlement.
To learn more, contact an auto accident lawyer.Share