Nashville Drugged Driving Accidents

It is illegal in Tennessee to drive under the influence of any drug “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.” Drugged driving, which produces similar side effects as drunk driving, can include driving while impaired by illegal drugs, prescription drugs prescribed to you or another, over-the-counter medications, or any combination thereof. In spite of the law, drugged driving accidents are on the rise in Tennessee and surrounding states, due in large part to the prescription opioid problem plaguing many areas of the South.

No matter the type, drugs can impair the ability to drive safely, which can have dire consequences for that driver and other innocent motorists on the road. Drugged drivers may react more slowly, become drowsy, or make poor decisions while driving, which can lead to serious crashes and injuries.

Generally, in order to hold a driver responsible for your injuries, you will need to show that he breached a duty of care to you that caused you to suffer injuries and losses. If you can show that the other driver’s impairment caused him to fall asleep, merge over into your lane, run a stop sign, or commit another driving error, then you may be able to show negligence per se or negligence as a matter of law. Under this theory, the defendant’s negligence will be presumed due to his violation of a safety law.

Unfortunately, many drugged drivers do not get charged with DUI or DWI, as testing for drugs at the scene can be more complex and extensive than testing for alcohol. That means you may have to rely on the testimony of eyewitnesses, video surveillance footage, the defendant’s admissions, and other circumstantial evidence to prove liability. It is especially important in these cases to have a knowledgeable drugged driving accident attorney in the Nashville area on your side that is familiar with these types of cases and can speak with eyewitnesses and gather evidence on your behalf.

Keep in mind that under Tennessee law, you only have one year to settle your personal injury claim or to file a lawsuit before the statute of limitations runs and bars recovery. It is very important that you consult with a knowledgeable attorney as soon after the accident as possible, especially in a case where the defendant may not have been cited for drugged driving and your attorney has to gather evidence and build a case against the defendant driver.