Article source: Salvi, Schostok & Pritchard P.C
After a motor vehicle accident caused by alcohol or drugs, it can be a real shock for all concerned. Although many equate “drinking and driving” with impaired driving by alcohol, drugs are also considered a serious factor in impaired driving on today’s highways, which may be illegal, prescription or over the counter medications. The enquiry of the legal, medical and economic consequences of such an incident can be something that puzzles one and typically requires a skilled Chicago Drugged Driving Accident Attorney. Plaintiffs who seek legal counsel can gain a better grasp of the law, insurance and liability.
Knowing the illegality of drugged driving in Illinois
It is illegal to drive a car while intoxicated in Illinois.It’s illegal to drive a car while intoxicated in Illinois. As opposed to alcohol impairment, drug impairment laws have a wider variety of drugs.
In Illinois there are certain legal requirements surrounding driving and drug use:
| Controlled Substance | Any evidence of illegal use of drugs, such as cocaine, methamphetamine or any unauthorized Opioid, is considered illegal driving under the influence. |
| Prescribed and Over-the-Counter Drugs | Drugs that can be prescribed or bought legally and which could make people drowsy or slow down their reactions could get one charged with driving under the influence if they impair the capacity to drive. |
| Impairment | Can be caused by a variety of substances, which can impact on motor skills, vision and judgement in different ways. Having knowledge of these categories helps in assessing the cause of an accident. |
Impairment Determining Who Was at Fault in Intoxicated Driving Accidents and Collecting the Information.
Proving liability is essential in a drugged driving case, consisting of two steps: demonstrating that the driver was impaired by the drugs and that the drugs caused the accident. Because drugged driving cases typically involve more scientific and chemical evidence than do regular traffic accidents in which only physical damage may account for the negligence, the case must be handled carefully. In these cases, important forms of evidence used are:
| Police Reports and Field Sobriety Tests | Responding police officers conduct prefixed field sobriety tests and make observations of the driver’s physical features like slurred speech or poor balance. |
| Chemical Tests | A blood, urine, or saliva test after an arrest would give an objective record of substances present in a driver’s system and can be used to determine toxicology. |
| Drug Recognition Expert (DRE) Evaluations | These evaluations are formal exams performed by specially trained officers that identify what type of drug is responsible for impairment. |
| Traffic Camera and Witness Videos | A witness account or video may indicate that the driver of the vehicle being questioned was displaying erratic behavior prior to the accident, including swerving and running through a red traffic signal. |
Some Actions you need to take if you are injured in an accident
Structured actions take place right after an accident, and this helps shield your physical health and legal rights for monetary recovery:
- Get medical help as soon as possible: Take care of your health by visiting the hospital even if the wounds are not that important.
- Notify Law Enforcement: Make sure police officers get to the scene to take a record of the accident, conduct the appropriate sobriety assessment and draft a formal report.
- Document the Scene: Record the vehicle damage, and skid marks, if safe to do so, road damage, and visible injuries.
Frequently Asked Questions:
May the driver be charged for drugging when he took prescription medicine?
Yes. Under Illinois law, any medication prescribed by a licensed practitioner strictly in accordance with the medical guidelines of the state board of education is legal to take while driving, but still may cause a driver to become impaired if he or she continues to take it after having found out about the potential side effects.
What are the differences between a drugged driving accident claim and a regular car accident claim?
When one’s life is lost as a result of drugged driving, it is not uncommon for criminal actions to be brought against the driver, in addition to civil personal injury actions, to be brought. The available evidence, which is collected during police criminal investigations, can be very crucial in establishing liability in the civil injury claim.
Conclusion
When an accident results from driving under the influence of drugs, legal and financial entanglements involve multiple factors that can be challenging to the injured person and/or their family. Medical bill negotiation, insurance handling and state statutes regarding liability are aspects that you will need to make sure of in detail and give a feeling of what you are about.Medical bill negotiation and insurance policy and state statutes relating to liability are aspects which will undoubtedly require a solid understanding of and diligence in protecting yourself in detail.
When taking immediate action to document the scene of the accident and enlist the advice of knowledgeable legal professionals at Salvi, Schostok & Pritchard P.C, injured parties can ensure that their rights are upheld and they receive the compensation that they are entitled to.
