Drug impaired driving, as well as drunk driving, is very dangerous not only for the driver but also for the eventual victims of a car accident. Recent studies indicate that driving under the influence of drugs in California is a real problem, with nearly 40 percent of the people involved in a crash having been under the influence of some type of drug at the time of the accident.
Drug impaired driving is considered a crime in California. If you have been involved in such an accident, a Los Angeles personal injury attorney can help you protect your rights.
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Laws regarding drugged driving in California
Section 23152 of the California Vehicle Code is the reference law driving under the influence of drugs. The law states that it is unlawful of drug addicted individuals to drive vehicles and also for a person who is under the influence of any drug. The same applies to the drug-alcohol combination. Exempt from this law are individuals who are participating in an approved narcotic treatment program.
The state of California regards drugged driving as a crime and there is no minimum amount of drugs determinable in the blood system according to which conviction is decided. The term addicted used by law refers to an individual who is emotionally or physically dependent on a drug and uses it compulsively.
If you have been accused of driving under the influence of drugs you must agree to take a blood and urine test. Refusal can be held as evidence against you in court.
Our lawyers invite you to watch a video about drugged driving in California:
What does driving under the influence (DUI) mean in California?
Driving under the influence of alcohol or drugs are similar, and are shortly referred to as DUIs, because the damages inflicted by an accident involving DUIs are the same for persons intoxicated with alcohol or drug substances. However, charges in the two cases depend, as for alcohol DUIs the limit admitted is 0.08%, while for drug DUIs there is no limit. In the case of driving under the influence of drugs, the defense can work for you in the sense that you Los Angeles personal injury attorneys can prove the amount consumed could have not impaired your ability to drive.
The use of marijuana, other illegal substances and over-the-counter (OTC) medication can lead to an arrest, if the party has caused a personal injury during their influence. Moreover, in the state of California even driving under the influence of prescribed medication can be considered a crime, if the person is notified that he or she cannot drive while under the influence of the medicine.
What are the main personal injuries a DUI can inflict?
Apart from the serious crime driving under the influence of drugs means, you should also know that the injuries caused by such reckless behavior are severe for both the injured party, but also for the party inflicting the damages. The use of drugs can lead to heart attacks, strokes or organ failure and up to death. While an accident caused by driving under the influence of drugs in California can lead to minor lesions or can even cause death.
Liability and compensations in a driving under influence of drugs case
Even if it could seem clear as daylight that the person driving under the influence of drugs caused the accident and is at fault for what happened, you should know that there are situations in which a company does not highlight the possible side effects of a drug and the case can turn into a personal injury caused by a dangerous product. This is why it is best to hire a Los Angeles personal attorney if you are charged with such a crime.
As the for the compensation you could obtain after a personal injury caused by a DUI these can correspond to the amount of time of the pain and suffering you have went through.
Victims of drunk driving accidents in California
Our Los Angeles personal injury attorneys advise anyone who has suffered an accident caused by a drunk driver to contact them after they have sought medical care and are feeling better. However, if a family member has died in the drunk driving accident, it is best to contact the lawyers at once.
Our L.A. personal injury lawyers can help you collect evidence, such as medical records, police report, declarations of the witnesses, photographs from the accident scene and put them together in order to make a case and ask for the right compensation.
Compensation for the victims of drunk driving accidents in Los Angeles
Individuals who have sustained personal injuries because of a drunk driving accident are entitled to be compensated for the following:
- medical care;
- property damage;
- loss of consortium;
- lost wages;
- therapy expenses;
- emotional damages.
In some cases, the damages the defendant has to pay for exceed the monetary ones. These are the punitive damages and are awarded in order to serve as a punishment for the defendant and discourage him from engaging in this sort of behavior again. The situations in which these damages are awarded are set forth in the Civil Code and will usually involve those cases in which the misconduct of the defendant was intentional.
Victims of drunk driving accidents have two years from the date of the accident to claim compensation. This is the statute of limitations in California and plaintiffs are advised to observe this time frame so that their case may have a chance of success. Cases which are brought before the court after this date are, in most cases, dismissed.
How a Los Angeles personal injury attorney can help you
If you have been involved in a car crash or accident while under the influence of drugs, the best thing to do is contact a Los Angeles personal injury attorney. A lawyer will be able to talk you through the legal procedure and what you will need to do if charged with driving under the influence of drugs.
If you have been injured in an accident and the driver was under the influence of drugs, one of our Los Angeles personal injury attorneys can help you obtain compensations.
If you encounter other types of situations, such as medical negligence, our medical malpractice lawyer in Los Angeles can help answer your questions and will calculate your compensation based on the particular data you provide. We will also be able to provide you with details on the statute of limitations for these types of injuries and the cap on compensations.
We are also able to assist those involved in other types of injuries. Our birth injury lawyers in Los Angeles can answer your questions about the types of injuries that fall under this category, how you can claim compensation, and what will be covered (it can also cover the pain and suffering inflicted by the incident). Reach out to us if you or your newb-born baby were injured during childbirth.
Contact our lawyers today. We can help you solve your case and do not charge any fees until your case is settled.
We can also help you in other personal injury cases because we have different teams of lawyers: