If you or a loved one has been in an accident with a driver who was proven, either by attending officers or another party, to have taken drugs prior to getting behind the wheel, then you have a right to seek compensation for your injuries and losses. An Aurora driving under the influence of drugs accident lawyer with Pintas & Mullins Law Firm can walk you through your rights and help you build your case.
To get started, call Pintas & Mullins Law Firm at (800) 223-5115 today.
How Drugs Influence Your Ability to Drive on the Road
Much like alcohol, recreational drugs have a significant impact on your ability to maintain control behind the wheel. A driver who gets behind the wheel of a car after smoking marijuana, for example, has taken a depressant. His reactions on the road may be slower than normal. In turn, he may cause an accident due to his inability to react to roadway conditions within a reasonable amount of time.
Comparatively, drivers who use recreational drugs, such as cocaine, may find themselves inclined to drive more recklessly. These stimulants can trigger reckless behavior while also distorting the user’s concept of time. As such, if you have been involved in an accident caused by a driver who has used drugs, you could hold them liable for the accident.
According to 625 ILCS 5/11-501, drivers in the state of Illinois may not get behind the wheel if they have been using any drug, as they are not capable of driving safely. With this in mind, know that you can take legal action if, at the scene of an accident, the party that you believe to be liable for your injuries and losses is proven to have used an illegal substance shortly prior to the crash.
Even drivers who have been legally allowed to use these substances, such as drivers who use medical marijuana, may not take to the road after using said substances.
Understanding Liability
Illinois is an at-fault state. Under 735 ILCS 5/2-1116, one of the parties involved in any type of car accident on the road can be held accountable for the majority of damages from the accident. You can file an insurance claim after an accident involving a driver who, according to police at the scene or by their own admittance, was using drugs prior to taking to the road.
You can also use that information should you choose to pursue a legal suit against the other party involved in your accident. If an insurance company identifies a party involved in your accident as responsible for it, then you can bring that declaration to the court, thereby making it simpler for you to argue that you deserve compensation.
Further, insurance companies tend to elaborate on fault by determining to what degree all parties involved in the accident in question contributed to applicable damages. While the state will still allow you to receive compensation if you had some role in the accident, you may still want to speak with an Aurora driving under the influence of drugs accident lawyer. They can help you determine how taking on a percentage of fault may influence your ability to file a lawsuit or otherwise pursue alternative forms of compensation later down the line.
The At-Fault Party’s Understanding and Interactions with a Declaration of Fault
Should an insurance company identify a party as primarily at fault for your injuries and losses, then that party may choose to reach out to you, even after you receive coverage for your damages through your insurance provider. These parties can offer you a settlement for your losses without you having to go to court.
Do note, though, that you are under no obligation to accept these types of settlements at the same time they are offered. Instead, you can consult a lawyer to determine on your own what your potential compensation might look like. Then, you can compare your calculations against the settlement that you have been offered. If you feel you are in a position to negotiate, then that same attorney can represent you, even if you choose not to go to a courtroom to conduct said negotiations.
Pintas & Mullins Law Firm and its affiliated team operate on contingency. You will not be charged for the series you benefit from while pursuing a settlement either in this manner or in any of the others to be discussed. However, the firm can still request a percentage of your awarded settlement should you come to conclusive negotiations outside of court with help from an attending attorney.
For a free legal consultation with a Driving Under the Influence of Drugs Accidents Lawyer serving Aurora, call (800) 223-5115
What You Can Do After a Drug-Related Roadway Accident
You can file a personal injury lawsuit to pursue compensation for your injuries and losses.
However, do note that if you choose this route, you must comply within Illinois’ two-year statute of limitations under 735 ILCS 5/12-1102. Be sure to file within this time frame, as you may forfeit your right to seek financial awards after the two years.
A lawyer can help you gather all the information you need to file a lawsuit in time. Reach out to Pintas & Mullins Law Firm for assistance.
Aurora Driving Under the Influence of Drugs Accidents Lawyer Near Me (800) 223-5115
An Aurora Driving Under the Influence of Drugs Accident Lawyer Can Help You Recover From an Accident
You do not have to try to recover from a drug-related car accident on your own. An Aurora driving under the influence of drugs accident lawyer with Pintas & Mullins Law Firm can help you dissect your case and bring your losses to the attention of the appropriate party. Call now at (800) 223-5115 to learn more about how we can help you.
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