Drivers using public roadways must maintain a clear and attentive state to minimize the potential for harming other people on the road. Unfortunately, people with diminished capacity, like those who consume prescription or illicit drugs before operating a vehicle, often get behind the wheel and subsequently cause devastating collisions. While money alone cannot compensate for the losses caused by reckless drivers, people hurt in drug related accidents can often recover damages against the parties responsible for their harm in civil lawsuits. If you were injured in a collision caused by a drug-impaired driver, you have rights, and you should consult an attorney as soon as possible. The skilled Syracuse car accident attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers understand the catastrophic impact a preventable accident can have on people’s lives, and if you engage our services, we will fight to help you seek the justice you deserve. We regularly represent injured people in car accident cases in Syracuse, where our main office is located, as well as in Rochester and other cities in Upstate New York.
Harm Caused by Drug Related Car AccidentsUnder New York law, it is unlawful for anyone to operate a vehicle while under the influence of any drug that weakens their ability to drive safely. Drugs include not only illicit drugs, like opioids, barbiturates, and methamphetamines but also controlled substances and prescription drugs, such as sleep aids and benzodiazepines. Many over-the-counter drugs, such as allergy and cough medicine, can impair a driver’s ability to operate a vehicle safely as well. When people ignore the law and drive while impaired by drugs, they often cause collisions. In many cases, such crashes cause catastrophic harm, including traumatic brain injuries, fractures, hemorrhages, and in some instances, death.
Elements of Lawsuits Arising Out of Drug Related Car AccidentsMost lawsuits that arise out of drugged driving car accidents attempt to establish liability on a theory of negligence. Under New York law, to prove a driver’s negligence caused a car accident, the plaintiff must show that the driver owed them a duty of care and that the driver's conduct fell below the standard of care, constituting a breach. They must also show that the breach caused the collision, which in turn caused them to sustain measurable damages.
Depending on the circumstances surrounding an accident, it can be challenging to prove that a driver’s negligence was the cause. In cases in which a driver involved in an accident was impaired due to drug use, however, the driver may be deemed negligent per se. Negligence per se arises when a penal statute sets forth the standard of care. Thus, a person alleging negligence per se does not need to show that the driver acted in a manner that violated the duty of care imposed on a reasonable person but can establish that the driver is negligent as a matter of law because they violated the statute. A negligence per se claim can be asserted in cases in which the law the driver violated was designed to protect a certain class of people, the plaintiff is a member of that class, and the plaintiff’s injury is the type of injury the law was meant to prevent.
Damages Caused by Drug Related Car AccidentsAccidents caused by impaired drivers can cause significant damages. If a plaintiff is successfully able to establish that they were injured in an accident caused by a drugged driver, they may be able to recover the cost of any medical treatment they needed to undergo for their injuries, as well as the cost of any treatment they will need in the future. They may also be awarded lost wages if their injuries rendered them unable to work. In addition to compensation for their economic losses, they may also be able to recover damages for the pain and suffering caused by their injuries. Additionally, if they were married at the time of the accident, their spouse may be able to pursue claims against the driver as well.
Speak With an Experienced Attorney in Syracuse, Rochester, or Upstate New YorkIf you sustained injuries in an accident with a drugged driver, it is prudent to consult an attorney to discuss what you must prove to recover damages for your harm. The experienced Syracuse car accident attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers can advise you of your potential claims and what compensation you may be owed from the driver who caused the accident. Our main office is in Syracuse, and we regularly represent parties in lawsuits arising out of car accidents in Syracuse, Rochester, and other cities throughout Upstate New York. You can reach us via our form online or by calling 833-200-2000 to set up a free and confidential consultation.