It is a common misconception that if someone is using drugs and they are involved in a car crash, they are automatically at fault for the collision. However, criminal wrongdoing (drugs in this case) and civil liability (the car crash) are two very distinct areas of law. That means that drug use does not automatically make a person liable for an accident. As a car accident lawyer can explain, liability is determined by other factors in civil cases.
Criminal Law Versus Civil Law
Criminal law involves the government prosecuting unlawful conduct, such as DUI charges. Penalties can include fines, probation, or even jail time. It must be proven beyond a reasonable doubt that a person was not following the law. Civil law, on the other hand, involves a dispute between two parties, such as two different people involved in a car accident. The purpose of these cases is not to punish someone but to cover damages incurred from the accidents. A person can face both criminal charges and a civil case at the same time.
How Drug Use Affects Injury Cases
If drug use can be proven as the cause of the injury, then that person is at fault. However, this is not automatic and must be proven. For example, let’s say a driver runs a red light. In speaking with this person after the accident, it seems as though the use of drugs impaired them. That could have affected their reaction time, leaving them unable to stop at a red light and causing an accident. If a toxicology report is requested and drug use is proven, then liability can be more easily established.
On the other hand, let’s say a person is stopped at a red light. They have drugs in their system, but they are stopped and following all traffic laws. Another driver, not under impairment of drugs, rear-ends them. This person was caught texting while being recorded by a dashcam. The person texting who rear-ended the other person is at fault. While the other person may face criminal charges in criminal court for the drug use, it does not automatically assign them fault within the personal injury case.
Evidence here is essential to proving fault, as our friends at Cohen & Cohen can attest. Photos, videos, dash cam footage, witness statements, and medical records all help determine liability.
How Criminal Charges Affect Personal Injury Cases
As mentioned, criminal and civil cases can occur simultaneously. Now, criminal cases can delay civil cases. Even though the two may not be exactly about the same topic (drug use versus a car accident), statements in one court can affect the case in another. Finally, a conviction in criminal court can have some bearing on a civil case, but that is not always guaranteed.
As you can see, there are many nuances where these kinds of cases overlap. If you are involved in a car accident with drugs in your system at the time, you must speak with a lawyer as soon as possible to protect your case both criminally and civilly.
