Drugged Driving Accidents

Drugged driving includes driving while under the influence of legal prescription and over-the-counter medications as well as illegal drugs such as cocaine, heroin, and marijuana, depending on the state. Even if a drug has been prescribed to the driver or can be purchased without a prescription, it may still be unsafe to take it before driving, as many medications cause drowsiness and other side effects that may make it difficult to operate a motor vehicle. Drugged drivers may exhibit slower reaction times or fall asleep while driving, similar to drunk drivers. The drugs or medications may also affect their concentration and decision-making abilities. For these reasons, drugged driving accidents can cause serious or fatal injuries.

Who is responsible for your damages if you have been injured in a drugged driving crash? If the driver of the other vehicle was under the influence of drugs, then more than likely he or she will be responsible for your losses. You must, however, prove that he or she was negligent with the assistance of a drugged driving accident attorney in Memphis or elsewhere. Tennessee law, for example, prohibits driving while “under the influence of any intoxicant, marijuana, controlled substance, controlled substance analogue, drug, substance affecting the central nervous system, or combination thereof that impairs the driver’s ability to safely operate a motor vehicle by depriving the driver of the clearness of mind and control of oneself that the driver would otherwise possess.”

If the other driver received a traffic citation for the accident or was charged with driving while intoxicated (DWI), you may be able to proceed with your bodily injury claim under a theory of negligence per se. Negligence per se, or negligence as a matter of law, means that the defendant’s negligence is presumed by his or her violation of a safety law designed to protect you and members of the public. If the driver is charged, police may require him or her to submit to a toxicology test.

Unlike with alcohol, there is no breathalyzer or standard roadside test to detect most illegal narcotics or prescription medications. This means that the officer may not charge the other driver with driving while intoxicated even if he or she was in fact doing so. In that case, you may have to rely on the testimony of eyewitnesses or other evidence to show that the drugged driver was responsible for the accident. To prove negligence, you will generally need to show that the other driver breached a duty of care to you which caused the accident and you to suffer injuries and damages.

An experienced drugged driving accident lawyer in the Memphis area can work diligently to assert a convincing claim against the drugged driver so that you can get the compensation you need to be made whole from the accident. This includes following up with the criminal court on any citations or criminal charges the drugged driver may have received in order to help you assert a compelling negligence per se argument. If no citations were issued, your attorney will review the police report, scene photographs, eyewitness testimony, and other evidence to help you prove the drugged driver’s fault under a more general negligence theory.