Injured By A Drugged Driver - Your Legal Options

Getting behind the wheel of a vehicle while you’re under the influence of drugs or alcohol is an extremely risky choice, but countless people do it every single day. If you are involved in a traffic accident with a driver who is under the influence, what type of compensation options do you have? Moreover, if you suspect someone was driving under the influence, how can you prove this in court? In today’s blog, we take a closer look at your legal options in the event you are injured by a drugged driver in Minnesota.

Drugged Driving And Your Compensation Options

Minnesota operates with a no fault system, which means that in the event of a car accident, you’ll first seek injury compensation from your own automobile insurance provider. Your policy’s personal injury protection (PIP) insurance will provide you with up to $20,000 for medical expenses and up to $20,000 for non-medical expenses. Once these thresholds have been met, you will be eligible to pursue additional compensation from the at fault driver, but only if:

Your medical bills exceeded $4,000; or
Your injuries are severe, cause permanent disfigurement, permanent injury or a disability lasting 60 days or more; or
The accident results in death

If any of those factors apply, you’ll be able to step outside the no fault system and pursue compensation from the drunk or drugged driver.

Proving The Other Driver Is Under The Influence

Proving the other driver is under the influence of drugs or alcohol usually isn’t easy, but there are some steps you can take in the event you believe they may be under the influence.

First, call the police to report the accident. If they are at all hesitant to send someone out to the scene, mention that you suspect the other driver may be under the influence. However, given the $20,000 thresholds needed to file an additional lawsuit against the other driver, there’s a good chance that the accident was severe enough that police will respond to the scene without this extra bit of information.

Next, it will be helpful to keep your eyes on the other driver until police arrive. If you notice that they are storing things in their purse or are working to remove items from the scene of the accident, make note of this and be sure to tell the responding officers. They’ll look for evidence of substance abuse in the vehicle (empty beer cans, drug paraphernalia, etc.), but any additional information about things that may have been removed from the scene will be helpful.

The rest is somewhat out of your hands. Police will interview both drivers, and if they have reason to believe the other driver may be under the influence, they may ask them to submit to a breath or blood test or place them under arrest and conduct further testing at the police station. A toxicology report can help prove your claim, but again, it may not be necessary to your end goal. If the other driver was at fault and you exceed the previously listed compensation limits, you’ll be able to file a personal injury lawsuit against the other driver, even if you can’t prove from the outset that they were under the influence of alcohol or drugs.

In any case, if you find yourself considering an injury claim following a Minnesota car accident, your best course of action is to connect with an injury firm like Dean and the team at Margolis Law Firm. We’ll help figure out the best path forward and get you the compensation you deserve for your injuries and other financial issues. For more information, contact Dean Margolis today at (952) 230-2700.