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Reminder of the Dangers of Driving While Under the Influence
We've all witnessed the many campaigns to stamp out the dangerous practice of driving while drunk. What is an increasingly common problem, though, is people driving while under the influence of drugs. If you or a loved one has been injured in a vehicle accident, and the driver who hit you was high at the time, then proof of that intoxication may be very valuable as you strive to hold the responsible party accountable. An experienced San Mateo car accident lawyer can help you in getting the evidence you need and then presenting it in a winning case.
People across Hollywood and fans everywhere mourned the passing of famed actress Anne Heche earlier this month. The actress died after crashing her car into a home in Los Angeles, which triggered a massive fire.
News reports indicated that the Los Angeles Police Department tested Heche's blood and determined that she had narcotics in her system -- specifically cocaine -- at the time of her crash.
People driving while on drugs is a surprisingly common occurrence. The 2018 National Survey on Drug Use and Health found that more than 20 million people drove while under the influence of alcohol and more than 12.5 million drove while on drugs. A different study found that more than 43% of all fatally injured drivers in 2016 tested positive for one or more illegal drugs. Drunk driving has been seeing a rise see how we can prove intoxication in your case below.
Proving Drug Intoxication in Your Injury Case
There are various ways to prove that the driver who hit you was under the influence of drugs at the time of the crash. If video footage of the minutes before the crash exists, then that may contain important clues. Indications that the driver drove the wrong way, drifted between lanes, drove excessively slow, drove excessively fast, or ran multiple red lights could enhance the strength of your case.
Another thing that can be a massive aid to your case is any drug testing the police did on the driver who hit you. The driver may have undergone chemical, urine, or blood tests in the aftermath of the crash. If the results demonstrate that the driver was under the influence, then you can use them to prove intoxication. Also keep in mind that, if the driver declined to take any form of test, then you can use that refusal to support your contention that he/she was high at the time of the collision.
This kind of evidence can be vital if both of you shared some degree of liability for the crash. Say, for example, you were hurt in a crash where police determined that you were speeding. Proof that the other driver was high could go a long way toward increasing the other driver's percentage fault (and decreasing yours.)
That's very valuable in California because this state is what the law calls a "pure comparative" negligence state. That means that no matter how small or great the percentage, if you can prove that you were injured as a result of another driver's negligence, then you can obtain an amount of compensation for the harm you suffered.
Whether you're in the position of battling with insurance companies for a fair settlement or needing to litigate in court, you need the right lawyer on your side. Rely on the knowledgeable San Mateo car accident lawyers at Galine, Frye, Fitting & Frangos, LLP to be the powerful, diligent, aggressive, and detail-oriented advocate you need to get the compensation you're owed. Contact us at 650-345-8484 or through our website.
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