Driver Impairment - Drug Use

When people hear of impaired driving accidents, they often assume that the driver was drunk. Accidents caused by drug-impaired drivers are becoming more common, however, and may exceed drunk driving accidents in some states. If a driver is under the influence of drugs, he or she may not be able to drive safely, and accidents caused by drug-impaired drivers are often serious and result in devastating injuries. If you were injured in a car accident caused by drug use, you should speak with a New Hampshire car accident lawyer to devise a plan for seeking compensation. Collectively, the attorneys at Peter Thompson and Associates have been working for more than 60 years to help people injured in car accidents seek compensation for their losses. Our experienced car accident attorneys can vigorously pursue any damages that you may be owed to help you ease the impact of the damages caused by the accident.

New Hampshire’s Motor Vehicle Code prohibits drivers from operating vehicles while under the influence of a drug that impairs their ability to drive. The Code notes that drugs that fall under the statute can be prescription or over the counter, can be natural or synthetic, and broadly include any substance that affects a driver’s ability. While illicit drugs such as cocaine and heroin can impair a driver’s judgment and reasoning, many prescription drugs, such as painkillers, benzodiazepenes, and sleep-aids, can also cause impaired driving. Additionally, over the counter allergy and cough medications cause drowsiness, which can result in delayed reaction time and the risk of the driver falling asleep.

Many car accident victims establish liability based on a theory of negligence. In New Hampshire, to show negligence in a car accident case, you must show that the other party owed you a duty to uphold a standard of care, the other party breached the duty, and the breach caused you to sustain harm. Depending on the circumstances, it can be difficult to prove that the other party breached a duty or that the breach subsequently caused an accident. In accidents involving drugged driving, however, the impaired driver may be found negligent per se, which can make the pursuit of damages a more straightforward process.

If a person violates a law that was drafted to ensure the safety of others, and the violation results in the type of harm that the law was designed to prevent, he or she may be negligent per se. In other words, if the law imposes a duty, such as a duty to refrain from driving after drug use, any violation of the law constitutes a breach. In cases in which it is alleged that drugged driving caused an accident, it will be necessary for your attorney to obtain any police reports and medical records that support the argument that the driver was impaired when the accident occurred.

In cases in which liability may be easily shown, such as in some drugged driving accidents, the impaired driver may attempt to dispute the extent of any damages caused by the accident. If you were injured in a drugged driving accident, you may need to retain medical and economic experts to offer opinions regarding the scope of your injuries and losses. Damages that you may be able to recover in a car accident case include the cost of any past treatment for your injuries and any treatment that you may need in the future. If your injuries left you unable to work, either temporarily or permanently, you may be entitled to damages for lost wages or loss of earning capacity. You may also be able to recoup the cost of repairing your vehicle or any other property damaged in the accident.

You should not need to suffer the burden of any damages caused by a drug-impaired driver. If you were harmed in an accident caused by drug use, the attorneys at Peter Thompson and Associates will work diligently to assist in your pursuit of compensation from the responsible party. We have a record of favorable outcomes and pride ourselves on our high rate of successful verdicts. We have offices in Bedford, Nashua, Portsmouth, and Manchester, New Hampshire, and represent clients throughout the state. Contact us at 800.804.2004 or via our online form to set up a meeting.