Regardless of the decriminalization and legalization of pot in states across the US, NO jurisdiction has made it OK to drive while under the influence of marijuana. Unfortunately, statistics from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reveal that a ban on drugged driving has not deterred motorists from getting behind the wheel while high. There are more than 100 crashes linked to drug and drug/alcohol use every year, leading to almost 50 fatalities and 100 injuries to victims.
Just like DUI, drugged driving is against the law because of the implications on a motorist’s ability to safely operate a vehicle. However, there are key differences with these cases when pursuing an at-fault driver for compensation. One of the most critical is the possible lack of evidence: Whereas you might have proof of BAC via a breathalyzer for a DUI collision, no at-the-scene tests exist to show drug consumption. You can rely on a Miami drugged driving accidents attorney to develop a strategy, but some tips are useful in overcoming this challenge.
What to Do After a Drugged Driving Crash
Companies continue to develop technology for detecting driver use of controlled substances but, until there is a breathalyzer for drugs, victims must rely on other sources of evidence. You may be in the best position to support your own claim, and a few tips should be helpful:
- Get proper medical attention right away, either at the emergency room, an urgent care center, or through your primary care physician.
- If possible considering the severity of your injuries, grab your cell phone to collect evidence. Capture images and video of the intersection, stretch of road, traffic signage, lane markings, damage to vehicles, skid marks, and any other physical characteristics.
- Turn on ALL of your senses when dealing with a driver you suspect is under the influence of drugs. Your recollections about odor of marijuana, bloodshot eyes, slurred speech, sloppy gestures could serve as powerful evidence.
- Make sure to get a copy of the police report. Officers are also using their investigative instincts to collect evidence, and they might include useful proof in their narrative about the accident.
Compensation in Florida Drugged Driving Accidents
The point of damages in a personal injury claim is to put victims in the same position they would be if the crash never happened. There are two types of compensation in these cases:
- Economic damages, which aim to reimburse you for medical cost, lost wages, out-of-pocket costs, and other tangible losses; and,
- Noneconomic damage, such as pain and suffering, emotional distress, and losses that you cannot put in a dollar value.
Reach Out to a Miami Drugged Driving Accidents Lawyer for Help with Your Claim
If you were hurt in a drug-involved auto accident in Florida, please contact Gerson & Schwartz, PA, We can schedule a free consultation at our offices in Miami, Fort Lauderdale, or West Palm Beach, FL. After reviewing your situation, we can discuss evidence challenges and strategies for addressing legal hurdles.