How Can I Prove the Other Driver In the Crash Was on Drugs?
Driving under the influence of drugs or alcohol increases the risk of a car accident because it impairs cognitive and physical functions. When drug use causes a car accident, intoxicated drivers should be liable for all collision damages.
Proving a driver is drunk is often straightforward because of the breathalyzer and blood alcohol concentration tests. But how can accident victims prove another driver in a crash was on drugs? Here, the car accident lawyers at Foley Law Firm discuss some key evidence used to demonstrate drug use and establish liability so our Scranton, Stroudsburg, and Wilkes-Barre, PA, clients can be justly compensated for their losses.
Positive Drug Test
When police officers respond to a car accident, they should evaluate involved drivers to determine potential signs of impairment. If an officer suspects a driver is under the influence of drugs, they can order the driver to submit to a drug test. A drug test screens for all the most commonly abused drugs that are known to contribute to collisions, including:
Drug tests are extremely reliable, but they don’t prove that a driver was on drugs at the time of a crash because some drugs stay in a person’s system after their effects wear off. For instance, the effects of marijuana generally last a few hours, but the drug remains in the body for days or weeks. Still, a positive drug test is a powerful piece of evidence in a car accident case, especially if other evidence establishes drug use.
Prescription drugs are legal but can still cause impairment. When our lawyers suspect a driver was under the influence of prescription drugs at the time of a crash, we can request the driver’s medical records. Medical records contain information regarding prescription medication, which allows us to determine if the driver is prescribed any drugs that could cause impairment. This type of information is only available with a court order.
Drug Paraphernalia in the Vehicle
The presence of drugs or drug paraphernalia in a vehicle is strong evidence in a car accident case involving suspected drug use. Drug paraphernalia corroborates other evidence, such as a positive drug test, to establish a driver was under the influence of drugs at the time of the crash.
Video Evidence or Witness Testimony
A person’s behavior is often the best source of evidence in a drugged driving car accident case. To establish a driver was under the influence of drugs, our lawyers look for video evidence that demonstrates erratic behavior or reckless driving. This may include video from another driver’s dashboard camera or surveillance video from nearby houses or businesses. When no video evidence is present, witness testimony is crucial for illustrating the driver’s behavior surrounding the time of the crash.
Request a Consultation
If you were injured in a crash and believe that the other driver was on drugs at the time of the collision, the lawyers at Foley Law Firm can gather evidence to establish liability. To discuss the details of your case with our car accident attorneys, send us a message at your earliest convenience.