I was injured in a Boca Raton car accident. The driver appeared impaired, but he passed the breathalyzer test. How can I prove that his impairment caused my Florida car accident injuries?

A:

Proving that drug impairment caused a Florida car accident can be difficult. Drug testing is only required if police officers have reason to believe that the driver was under the influence at the time of the accident. Even if a drug test is administered, the drug causing impairment may not be detected. Hospital drug tests only screen for certain classes of drugs, including cocaine, marijuana, phencyclidines, amphetamines, and LSD. Many legal and illegal drugs that can affect driving are not detected by standard drug testing. To detect these drugs, a test in a forensic lab may be necessary. 

But detecting the presence of a drug isn’t the only challenge. Even if evidence of drug use is found, it can be hard to prove impairment. Many tests only screen for the presence of a drug. They cannot detect how much of the drug is in the blood stream. Thus, a driver may test positive for marijuana even if he has not used the drug in several days. It is up to you and your Boca Raton accident lawyer to prove that the drug caused the impairment. Witness testimonies, police reports, and hospital records may be needed to support your claim.

Boca Raton accident attorney David Glatthorn has the experience needed to help victims of drugged-driving get accountability and compensation for their injuries. To learn more about the rights of Florida accident victims, request a free copy of Mr. Glatthorn’s book, The Florida Accident Workbook: Tools, Tips & Tactics to Resolve Your Injury Claim. If you would like to discuss your Florida accident injury with David Glatthorn, contact his office at 866.413.5525. The initial consultation is free.