Each year, car crashes kill or seriously injure millions of Americans. A few of these incidents are one-off accidents. Perhaps they are related to lightning strikes or wind gusts. But the vast majority of these crashes involve some sort of human error.
If that human error involves one of the five types of driving impairment, the tortfeasor (negligent driver) may be responsible for damages.
Alcohol
Despite a decades-long crackdown against drunk drivers, alcohol still causes about a third of the fatal car crashes in California. Impairment begins with the first sip of alcohol. That impairment usually includes slower-than-usual reactions and impaired judgement. That’s a very dangerous combination when driving. Evidence of impairment includes:
- Erratic driving,
- Bloodshot eyes,
- Odor of alcohol, and
- Unsteady balance.
If the tortfeasor was arrested for DUI, the tortfeasor may be liable for damages as a matter of law. This doctrine is called negligence per se, or negligence “as such.”
Drugs
In many jurisdictions, the number of “drugged drivers” eclipses the number of drunk drivers. There are basically three categories of substances:
- Street drugs (cocaine and LSD),
- Prescription painkillers (Oxycontin and Fentanyl), and
- Some over-the-counter medicines (cold remedies and sleep aids).
Direct evidence is usually unavailable in drugged driving cases. So, the vicitm/plaintiff may use circumstantial evidence of driving impairment/drug use. Many drug users also exhibit the aforementioned effects of alcohol (except for the odor of alcohol). Other circumstantial evidence includes current prescriptions, open pill bottles, and the tortfeasor’s statements to witnesses.
Medical Condition
Thousands of SoCal drivers suffer from epilepsy, diabetes, or another condition which could cause a sudden loss of consciousness. Legally, many of these individuals are not allowed to drive. The danger is simply too significant.
Fatigue
Drowsiness and alcohol affect the brain in much the same way. Driving after eighteen hours without sleep, which is basically a long day at the office, is like driving with a .08 BAC, which is above the legal limit in California.
Distraction
Hand-held cell phones are by no means the only cause of distracted driving. This umbrella terms includes any behavior that:
- Takes your eyes off the road (visual distraction),
- Takes at least one hand off the wheel (manual dustraction), or
- Takes your mind off driving (cognitive distraction).
Hand-held cell phones involve all three types of distraction. Hands-free devices are not any better. They involve visual and cognitive distraction. Plus, it take most drivers about twenty-five seconds to re-engage with driving after they finish using a hands-free device. In California, the negligence per se rule usually applies to smartphone-related distracted driving. If another behavior is involved, such as eating while driving, the victim may need to use circumstantial evidence.
Impaired drivers often cause serious injuries. For a free consultation with an experienced personal injury attorney in Pasadena, contact the Law Office of Bassam Marjiya. We do not charge upfront legal fees in personal injury cases.