Drug-Impaired Driving Accidents Are on the Rise – Learn How a Personal Injury Attorney Can Help You if You’ve Been Injured
Drug-impaired driving, like drunk driving, is extremely dangerous, not just for the driver but also for the passengers in the car. According to recent research, driving under the influence of drugs is a serious problem in California, with over 40% of those involved in a crash being under the influence of some sort of drug at the time of the accident.
In California, driving while under the influence of drugs is considered a felony. If you’ve been in an accident like this, DLC Law can help. Call us now at (626) 285-8815 to request a consultation.
Drug-impaired driving laws
The reference legislation regarding driving under the influence of drugs in California is Section 23152 of the Vehicle Code. It is illegal for drug-addicted individuals and anybody under the influence of any drug to operate a motor vehicle, according to the legislation. The drug-alcohol combo is no exception. Individuals who are enrolled in an approved narcotic treatment program are exempt from this law.
In California, drugged driving is considered a felony, and there is no minimum level of drugs detectable in the blood system on which a conviction is based. The legal “drug-addicted individual” refers to someone who is emotionally or physically addicted to a substance and uses it excessively.
A person suspected of driving under the influence of drugs must submit to a blood and/or urine test. Refusing to do so can result in serious legal penalties.
DUI covers alcohol and drugs
DUI means to be “driving under the influence” and can refer to being under the influence of drugs and/or alcohol. However, the charges in the two cases differ, as the alcohol DUI limit is 0.08 percent, but there is no limit for drug DUIs.
If the party has caused personal harm while under the influence of marijuana, other illicit drugs, or over-the-counter (OTC) medicine, they may be arrested. Furthermore, in the state of California, driving while under the influence of prescribed medication is a felony if the individual is informed that he or she cannot drive while under the effect of the drug.
Drug-impaired accident cases
Aside from the serious crime of driving while under the influence of drugs, you should be aware that the injuries produced by such irresponsible behavior are often severe for both the wounded party and the person that causes the damages.
Victims of drugged driving accidents in California might be entitled to compensation for:
- Medical care
- Property damage
- Loss of consortium
- Lost wages
- Therapy
- Emotional harm
Punitive damages are paid to the defendant as a means of punishing him and discouraging him from participating in a similar action in the future.
Accident victims have two years from the date of the accident to file a claim for compensation. This is California’s statute of limitations, and plaintiffs are urged to adhere to it so that their case has a chance of succeeding. After this date, cases presented before the court are almost always dismissed.
How a personal injury lawyer can help
If you were harmed in an accident caused by a motorist who was under the influence of drugs, the first thing to do is to get medical care. After that, we recommend contacting an attorney as soon as possible. The sooner you talk to us, the easier it will be to gather evidence and build a strong case.
Contact DLC Law at (626) 285-8815 now for a consultation.