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Drug Impaired Driving on The Rise in California

According to the National Highway Traffic Safety Administration (NHTSA), 50% of drivers killed in motor vehicle collisions in 2019 tested positive for legal or illegal drugs, an 8% upsurge from the previous year. Recent studies have revealed an overall increase in personal injuries resulting from car accidents, most likely related to this rise of alcohol, cannabinoids, and opioid consumption during the ongoing public health crisis.

The statistics are alarming and indicate a probable continuation of the unfortunate trend into 2022. NHTSA preliminary data suggests that 20,160 people have died on American roads since June 2021. The amount is staggering and an 18.4% increase over 2019. NHTSA’s Fatality Analysis Reporting System (FARS) estimates that the first half of 2021 is hitting a frightening 15 year high for traffic fatalities. The details suggest the root causes for the high are a combination of speeding, impaired driving, and not utilizing seatbelts are among the most significant contributors.

What can drivers do to stay safe from impaired drivers?

All drivers must be attentive and on the defensive when driving to avoid being involved in uncontrollable collisions triggered by individuals under the influence of alcohol or drugs. Yes, these accidents are deemed uncontrollable; however, there are a few steps you can take to protect yourself from impaired drivers, as well as what to do if you’ve been in a crash with an impaired driver.

Wearing Your Seatbelt

Your best protection from impaired drivers is wearing a seat belt. You can only do so much to prevent impaired drivers on the road, but wearing a seatbelt has been shown to reduce the chances of a fatal crash. Make sure you and all passengers fasten seatbelts each and every time you drive.

Allow for a generous following distance.

You will be able to more easily identify erratic driving of an impaired driver from a few car lengths away before they are directly in your path. Consider keeping your vehicle as far away from a car that swerves, slows down, speeds up frequently, or acts strangely.

Note: Disable your cruise control if necessary. Additionally, you may safely call local law enforcement to pull the potentially impaired driver over, removing them from the roadway if they are driving under the influence.

Never attempt to try passing a potentially impaired driver.

As mentioned above, these drivers are erratic; they fail to signal properly, often confusing left and right turn signaling with the potential to swerve. Note: Intersections are often the scene of many impaired driver-involved accidents. Usually, such drivers cause these accidents by disregarding stop signs and traffic signals. Drive carefully through intersections, practice patience, look both ways, and yield to oncoming vehicles.

Lastly, never stop an impaired driver.

A driver under the influence will have impaired cognitive thinking and an inability to regulate their emotions and behaviors. You don’t know what state the driver is in mentally, so it’s best not to engage with one, let the police handle the situation.

What to do if you have been in an accident with an at-fault impaired driver

Many of the immediate steps following a regular car accident and collisions with an impaired accident are similar such as always calling the police to the accident scene and getting checked out by a doctor for possible injuries. Additionally, make sure you and your passengers are in a safe place to wait for law enforcement to arrive.

Please take photos of the damage to your car and any damage to the other vehicle. Documenting is essential for many reasons, like determining how your vehicle was hit and gathering evidence. In many cases, individuals forget to photograph or take a video of the accident scene. This step is crucial in impaired driving accidents.

You or your attorney will be able to use photo and video evidence to establish fault, the amount of damage caused as a result of the accident, and most importantly, how you were injured. You may also wish to record yourself explaining what happened in the moments leading up to the accident, during, and immediately after. These details will be vital for your claim and ultimately get the compensation you deserve.

There is a notable difference between a fender bender during rush hour versus car wrecks with impaired drivers, which has a criminal element. It is important to distinguish an impaired driver-induced car crash is not due to negligence but rather the at-fault impaired driver’s decision to drive while under the influence. It’s always a good idea to consult with a car accident personal injury attorney following an accident. Still, it is necessary in accidents and personal injury cases involving at-fault impaired drivers.

The wisest step to take following an accident with a drug or alcohol-impaired driver is contacting an experienced personal injury and car accident attorney. Your attorney will work ruthlessly to obtain compensation for all damages and related expenses, such as the costly medical expenses associated with personal injury resulting from a car accident.

SANFORD A. KASSEL, A Professional Law Corporation

Sanford A. Kassel is one of San Bernardino's preeminent trial lawyers. He has the resources, expertise and raw talent to handle even the most complex personal injury, medical malpractice, wrongful death, and employment law cases throughout Southern California. Sanford has maintained his offices in San Bernardino since he began practicing law in 1981. He is second generation of a multi-generational family of the Kassel/Katz Family of lawyers in the Inland Empire, whose experience spans over 50 years.

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