Drugged Driving Accidents
When you think of impaired driving, you most likely think of drunk driving. However, impaired driving itself means to possess a weakened ability to drive, either temporarily or permanently. Just like alcohol can impair your ability to operate a vehicle correctly, so can other drugs.
If you have ever been prescribed a drug for a condition or sedated for a procedure, one of the most common advisory warnings is to hold off on driving for at least 24 hours. When an individual chooses to ignore such warning or drive a vehicle under the effects of a drug for recreational use, he or she is putting others’ lives in danger. If you were involved in a drugged driving accident or lost a loved one because of a drugged driver, you can contact a lawyer for drugged driving accidents to hold the driver accountable.
Attorney for Drugged Driving Accidents in Glendale, CA
Drunk driving is not the only enemy on the road when it comes to impaired driving. Other non-alcoholic drugs can have a severe impact on your brain that can deter the operation of a vehicle. Any individual who chooses to neglect DUI laws should be held accountable under California law. Beyond criminal prosecution, you have the right to file for the effects that the drugged driving accident had on your personal life as a victim.
At Yarian & Associates, APC, we are a seasoned personal injury law firm that has seen the tragic consequence of impaired driving on victims who suffered an accident or lost a loved one because of a driver on drugs. You may be eligible to receive compensation up to non-economic losses if the loss of a loved one has affected you beyond economic means. Even if you were partly at fault for the accident, you can still file to recover damages.
Our attorneys at Yarian & Associates, APC work with residents of the cities of Glendale, Los Angeles, Visalia, Riverside, and more. Call (844) 291-1911 to set a free consultation over the phone or fill out an initial contact form.
Overview of Drugged Driving Accidents
- What Counts as Drugged Driving?
- Penal Consequences for Drugged Driving
- Personal Injury vs. Wrongful Death
- Drugged Driving Accident Compensation
- Additional Resources
What Counts as Drugged Driving?
Drugged driving, by definition, is to operate a vehicle while under the effects of drugs. When you are on drugs, your brain is temporarily impaired and does not function the same as when you are sober. Similar to alcohol, other drugs have the potential to affect your brain while driving in ways such as the following:
- Slowed down reaction time
- Impaired judgment of time and distance
- Decreased coordination
- Zig zagging
- Lack of attention on the road
Aside from alcohol, the most common drugs seen in drugged driving-related accidents include:
- Methamphetamines (METH)
- Other Prescription Drugs (i.e., opioids, stimulants, depressants)
- OTC Drugs and Herbal Supplements (if appropriate)
Penal Consequences for Drugged Driving
Controlled substances are already deemed illegal under most state and federal laws, except for Marijuana (i.e., cannabis, weed, pot, etc.) and other approved medicinal drugs. Drugged driving falls under the same realm as drunk driving and is penalized under DUI laws. Possession of Marijuana for recreational use is legal in California since 2018; however, driving under the influence of Marijuana is a different story. The following laws have been cited in the California legislature:
- California Vehicle Code §23152(f) states, “It is unlawful for a person who is under the influence of any drug to drive a vehicle.”
- California Vehicle Code §23152(C) states, “It is unlawful for a person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.”
Penalties in violation of California Vehicle Code §23152(C) and (f) can include:
- Driver’s License Suspension
Personal Injury vs. Wrongful Death
A claim for personal injury or wrongful death has to arise out of the argument that one individual has either acted negligent or performed a reckless act that has now resulted in another individual’s injury or death.
A car accident resulting in a drugged driving accident can result in severe injuries. Injuries can lead to high healthcare costs. At times, insurance claims are not enough to cover extensive medical care following a personal injury. If the other individual has no insurance, you may even have to pay fully out of your pocket. Should you suffer an injury out of a drugged driving accident, you can file for a personal injury claim. Under Cal. Code of Civ. Proc. §335.1, you have two years from the date of the accident to file your claim.
A car accident can very well end in death just as much as a personal injury. Death does not only result in healthcare costs but also the expenses necessary to provide a proper funeral and burial procession for the victim. If a drugged driving accident has resulted in a death, eligible individuals have the right to assert a wrongful death suit on behalf of the deceased victim. Similar to personal injury, Cal. Code of Civ. Proc. §335.1 states you have two years from the date of the accident to file a wrongful death suit.
Drugged Driving Accident Compensation
Compensation during a drugged driving accident can depend on several factors, including the plaintiff’s fault in the accident, ownership of the vehicle from the accident, and severity of the injury. Some compensation that may be given as plaintiff in a drugged driving accident suit to satisfy can include:
- Economic Losses—
- Medical Expenses
- Loss of Income
- Burial Costs (Wrongful Death Only)
- Loss of Employment or Loss of Business or Employment Opportunities
- Non-economic Losses—
- Emotional Distress
- Loss of Companionship
- Loss of Consortium
Drugged Driving | National Institute on Drug Abuse – The National Institute on Drug Abuse has more information involving the effects of specific drugs on the impairment to operate a vehicle. You can also find data and research about the most common types of drugs affecting in drugged driving accidents.
Stop Drugged Driving | Institute for Behavior and Health, Inc. – The Institute for Behavior and Health, Inc is a nonprofit organization founded to reduce the use of illegal substances. Stop Drugged Driving is a specific division of the organization. Stop Drugged Driving aims at providing information about policies and research on drugged driving and spreading social awareness.
Los Angeles County | Drugged Driving Accidents Lawyer
Though monetary compensation is not enough to fully help you recover from a severe injury or the loss of a family member or friend, you have the right to hold the at-fault individual accountable beyond criminal punishment. Our attorneys Yarian & Associates, APC understand the impact a physical injury can have on you and your family. We want to help you get back on your feet again.
If you suffered an accident due to a drugged driver’s fault, we can mitigate on your behalf to recover both economic and non-economic losses. You only have two years from the date of the accident to file a claim in California. Do not wait any longer. Take action now. No matter what the criminal case outcome was, you can still recover for damages in your accident.
Our attorneys at Yarian & Associates, APC work with residents in Tulare and Los Angeles County. Schedule a confidential consultation with one of our attorneys for drugged driving accidents by calling (844) 291-1911 or fill out a case review form for free.