The Impact of Drug-Impaired Driving on Personal Injury Lawsuits

While we generally understand the effects of alcohol on drivers, people often underestimate how other substances can affect their own or other drivers’ ability to safely handle a car. The Alabama Department of Transportation reports there were 6,751 drivers involved in crashes during one recent year who were suspected of using drugs or alcohol. If you sustained injuries in a crash with a drug-impaired driver, here’s what you need to know about your legal options and how a Montgomery car accident lawyer can help you recover fair compensation.

Legal Implications of Drug-Impaired Driving in Alabama

Just as Alabama law prohibits people from driving a car while drunk, state law also bars drivers from operating vehicles while under the influence of drugs. Section 32-5A-191 of the Code of Alabama says people cannot drive or have physical control of any vehicle if they are “Under the influence of a controlled substance to a degree which renders him or her incapable of safely driving.” The amount or type of controlled substance doesn’t matter. All that matters is whether the substance falls under state law and whether the substance impeded the driver’s ability to safely handle the car.

Alabama law outlines severe penalties for people who drive under the influence of controlled substances. For a first conviction, offenders may face up to one year in jail and fines ranging from $600 to $2,100. The state can also suspend the driver’s license for 90 days, though drivers can reduce their suspension by installing an ignition interlock device. Penalties for a second conviction include fines between $1,100 and $5,100, mandatory jail time of at least five days (or 30 days of community service), and a one-year license revocation. Third-time offenders may face fines of $2,100 to $10,100, at least 60 days in jail, and a three-year license revocation. A fourth or subsequent conviction is a felony, and offenders face prison sentences ranging from one year and one day to 10 years, along with fines between $4,100 and $10,100. Finally, repeat offenders must use ignition interlock devices for extended periods and complete court-ordered substance abuse programs.

How Drug-Impaired Driving Affects Personal Injury Lawsuits

If the driver who caused your accident was using drugs, their impairment could be critical in establishing their responsibility for your injuries. For example, toxicology reports, police records, or witness statements can demonstrate how the other driver’s drug use directly caused the crash and your resulting injuries. This evidence can strengthen your personal injury claim and improve your chances of recovering compensation for your medical expenses, lost income, pain and suffering, and more.

Furthermore, you may also qualify for punitive damages if the other driver was using drugs. Section 6-11-20 of the Alabama Code permits people to recover punitive damages when there is “clear and convincing evidence” that the at-fault driver acted with wantonness, malice, or other egregious behavior. Drug-impaired driving often qualifies as wanton conduct because it shows a reckless disregard for the safety of others. By presenting evidence of the other driver’s reckless behavior, you can seek additional compensation, hold them accountable for their actions, and hopefully deter other drivers from putting people in danger.

Steps To Take If You’re Injured by a Drug-Impaired Driver

If you were injured in a collision with a drug-impaired driver, it’s vital to do whatever you can to protect your rights. Here’s what to do to strengthen your personal injury claim after calling the police and seeing a doctor:

• Request a Copy of the Police Report: The police report will likely include evidence of the other driver’s drug use (the responding officer’s observations, any lab work done on the intoxicated driver, etc.), which can bolster your case.
• Notify Your Insurance Company: Report the accident to your insurer as soon as possible, but avoid giving detailed or recorded statements until you speak to an attorney.
• Preserve Evidence: Keep all records related to the crash, including your medical bills, repair estimates, and correspondence with insurers. These documents can support your claim by documenting the extent of your financial and non-economic losses.
• Follow Your Doctor’s Advice: Attend all medical appointments and follow your treatment plan. Doing so not only aids your recovery but also helps to document the extent of your injuries for your claim.
• Consult a Personal Injury Lawyer: A Montgomery car accident lawyer can help you understand your legal options, gather evidence, and negotiate with insurance companies or pursue a lawsuit if necessary.

How a Car Accident Lawyer Can Help

Hiring a Montgomery car accident lawyer is essential for recovering fair compensation after a crash with a drug-impaired driver. First, your attorney can investigate the accident and gather evidence such as police reports, toxicology results, witness statements, and any available video footage. This evidence can establish liability and prove the other driver was impaired. A car accident lawyer can also work with accident reconstruction experts or medical professionals to strengthen your case.

Your lawyer will also handle all communication and negotiations with the insurance companies to protect you from accepting a low settlement. If necessary, your attorney can file a personal injury lawsuit and represent you in court, and they’ll handle all the legal procedures of a personal injury trial. Finally, if the other driver’s conduct was particularly reckless, your lawyer can seek punitive damages to hold them accountable and increase your compensation. By managing the legal process, your attorney gives you the best chance to recover the compensation you need, allowing you to focus on healing.

Compensation Available in Drug-Impaired Driving Cases

Crashes with drug-impaired drivers often cause severe injuries, so it’s crucial to account for all your current and future losses from the collision. With help from a car accident lawyer in Montgomery, AL, your compensation could include money for:

• Current and future medical expenses related to the crash
• Lost income while you heal
• Reduced future earnings due to your injuries
• Pain and suffering
• Emotional distress
• The cost to repair or replace your vehicle or other personal property
• Punitive damages (if your case goes to court and meets certain requirements)

Why Choose Stokes Stemle for Your Car Accident Case?

As Alabama natives, the team at Stokes Stemle understands the specific laws in these cases and how they apply to your situation. Our Montgomery car accident attorneys are available 24/7 to answer your questions or concerns, and we have over 20 years of combined legal experience. We’re also proud of the consistent 5-star reviews we receive from our satisfied clients. To keep our services affordable, we don’t charge any attorney fees unless you win your case and recover compensation.

Ready to speak to our team about your case? Call Stokes Stemle today or reach out online for a free consultation.