Unlike with drunk driving accident cases, where proving the other motorist was drunk is relatively straightforward, proving drug impairment can be more complex. Alcohol has well-established legal limits and standardized testing methods like breathalyzers, but this is not the case when it comes to drugs. So, how can you prove the other driver was under the influence of drugs after a Florida car accident? While it can be hard to prove this, it’s not impossible, especially with the help of a qualified car accident attorney. Read on!
Florida Law Against Drugged Driving
Drugged driving arises when a driver operates a vehicle while impaired by any drug that affects normal functions, including illegal drugs such as cocaine and marijuana, prescription medications, and even over-the-counter drugs. Florida Statutes Section 316.193 makes this behavior illegal. A conviction of this offense in Florida is punishable by jail time and fines.
When it comes to civil law, drugged driving can be the basis of a personal injury claim if the impaired driver causes an accident that results in injuries or death. Plaintiffs in such cases can recover compensation for medical expenses, lost wages, pain and suffering, property damage, and other damages. However, before recovering compensation, you must prove the other driver was under the influence of drugs.
Proving the Other Driver Was Under the Influence of Drugs
To prove the driver who hit you was under the influence of drugs, you need to build a strong case using the right evidence. Below is a look at the key evidence you need to prove that drugged driving caused your accident.
- The Police Report
An official police report documenting the responding officer’s observations and the results of any field sobriety tests conducted at the scene can be crucial evidence. The police report pertaining to your accident may include observations such as slurred speech, bloodshot eyes, confusion, extreme drowsiness, and the presence of drug paraphernalia in the car, all of which can suggest drugged driving.
- Drug Test Results
The other driver may have undergone a blood or urine analysis if they were arrested or taken to the hospital after the accident. The results of these tests can confirm the presence of drugs. An attorney can guide you through the process of obtaining these records.
However, it’s vital to note that while drug tests can be highly reliable, they may not prove that the driver was on drugs at the time of the accident since some drugs linger in the system for days even after their effects wear off.
- Medical Records
Medical records can disclose information regarding prescription medication, allowing you to determine if the driver was prescribed any medication that could cause impairment. Again, an attorney can help you obtain these records.
- Witness Testimony
Other drivers, passengers, bystanders, or pedestrians may have seen the other driver acting strangely before the accident. Their testimonies or statements can help support your claims of impairment.
- Video Evidence
An attorney can look for video evidence showing erratic behavior or reckless driving, including video from surveillance cameras, nearby houses or businesses, traffic cameras, or dashboard cameras.
Contact Us for Legal
If you’ve been in an accident and believe the other driver was under the influence of drugs, contact our Fort Lauderdale car accident attorneys at The Pendas Law Firm for help proving your case.
The Pendas Law Firm also represents clients in the Fort Myers, Ocala, Orlando, Miami, Tampa, Jacksonville, Bradenton, Daytona Beach, West Palm Beach, Naples, and Melbourne areas.
Source:
flsenate.gov/laws/statutes/1998/316.193
