Ylla | Gosney represents victims of car accidents caused by drivers on illegal drugs in Oklahoma City. Drug-impaired driving often refers to marijuana, methamphetamine, fentanyl, opioids, heroin, and other illegal substances. These accidents tend to result in serious damage due to the high level of reckless driving committed by drivers under the influence of illegal drugs.
If you are injured by an impaired driver, you should not have to suffer financial and physical losses due to their poor decisions. Protect yourself by taking legal action by contacting Ylla | Gosney Attorneys at Law today for a free consultation and case evaluation.
Do I Need a Lawyer for a Car Accident Caused by Drivers on Illegal Drugs?
Depending on the severity of drug use, these accidents can be considered a DWI or DUI, according to Oklahoma Law. If you find yourself involved in a DWI car accident in Oklahoma City, you may face life-altering injuries, impacting your health and financial security for the foreseeable future. This is, unfortunately, the frightening reality most DWI car accident victims face that the statistics covered above don’t reveal.
But that’s where Ylla | Gosney can help. Our firm specializes in helping you get your life back on track after a horrific DWI accident. We do this by connecting you to immediate medical resources, protecting you from liability, and fully recovering compensation for the following damages:
- Special Damages: medical bills, ongoing treatment, costs that accumulate when you’re unable to work, like rent or mortgage payments
- General Damages: these are non-economic hardships like pain and suffering, anxiety, depression, mental trauma
- Wrongful Death Damages: these damages may be sought by a spouse or close relative for funeral arrangements, burial expenses, and medical treatment before a loved one’s death
- Punitive Damages: these damages are rare, but if the driver engaged in reckless driving with the intention of hurting you, then you could sue for punitive damages. A DWI (in most cases) would qualify you for punitive damages.
How Should I Prepare for My Initial Consultation with a Personal Injury Attorney?
Suffering a sudden accident can make a person feel both financially and personally vulnerable. For that reason, people will often turn to a Personal Injury Lawyer for help because they are looking at immense financial uncertainty or even bankruptcy due to their injury. The outcome of a personal injury case can provide victims with much-needed relief, such as a settlement that can provide funds for medical bills, home and vehicle modifications, and other necessary services.
At Ylla | Gosney, we understand how important it is to reach a successful outcome for your case, and having an adequate preparation list for when you first contact a Personal Injury Lawyer can help you get started. You can prepare for your initial consultation by detailing the following:
- Employment details: current or former employer, job title, dates of employment, and compensation information.
- Nature of the complaint: type of carelessness that led to your injury (premise liability, car accident, defective equipment)
- Timeline of events: dates of key incidents, formal complaints filed, relevant communications with employer
- Details about the incident: small details can make a huge difference when it comes to proving liability and damages
- Receipts and Invoices: any documentation you have of expenses related to your injury or accident may help in proving your damages
- Witnesses: names and contact information of potential witnesses to the alleged misconduct
- Documentation: list of relevant documents (x-rays, MRIs, doctor’s diagnosis, physical therapy appointments, workers’ compensation forms)
- Prior legal action: if you’ve filed previous personal injury claims, then the details of your previous case may be relevant to your new case
- Medical information: details about your medical diagnosis and treatment plan
- Social media presence: your injury may be documented online, as well as you discussing the details of your personal injury
How the Law Protects Victims Injured by Drivers on Illegal Drugs in Oklahoma City
In Oklahoma, DUI laws are referred to as DWI or APC (Actual Physical Control). These laws are strict and come with significant penalties. Drivers, as well as passengers, have the right to sue for damages if they’re injured in a car accident with a drunk driver. A driver is deemed to have violated Oklahoma’s DUI laws if:
- The driver has a blood or breath alcohol concentration of 0.08 or more at the time of a test of a person’s blood or breath within two hours after the arrest of the driver, as defined in 47 O.S.756.
- The driver has any amount of a Schedule I chemical or controlled substance in their blood, saliva, urine, or bodily fluid within two hours of a person’s arrest, as defined in 63 O.S. 2-204.
- The driver is under the influence of any intoxicating substance other than alcohol which may render such person incapable of safely driving or operationg a motor vehicle
- Driving with a blood alcohol level above the legal limit of:
- .08% for non-commercial vehicles
- .01% for non-commercial drivers under the age of 21
- .04% for commercial vehicles
- .04% for Uber, Lyft, and Taxi drivers
Drunk driving accidents can be traumatizing accidents. Unfortunately, insurance companies will still try to convince victims that their damages and injuries are minor. At Ylla | Gosney, we fight for the drunk driving victims in Oklahoma City and uphold their rights to compensation. Contact us today for a free consultation and assessment of your case.
How Are Illegal Drugs Detected?
In Oklahoma, a police officer needs probable cause. This could be reckless driving, ignoring traffic laws, or causing an accident. If an officer suspects a driver is under the influence of illegal drugs, they can submit for the following tests:
- Blood tests: the most accurate form of testing can provide exact levels of illegal substances in the bloodstream, revealing drugs used in the past hours or even days.
- Urine tests: a slower form of detection, but can detect drugs used from 30+ days. This is commonly used in Oklahoma DUI cases and less as a roadside test.
- Saliva/Oral Fluid: a swab inside the mouth can detect THC within 24-72 hours of drug use. Not commonly used, but officers can request it if necessary.
- Breath test: the primary measurement for blood alcohol measurements, but not very effective for illegal drugs.
What is the Average Settlement for an Oklahoma City Car Accident?
If you are not found at fault for the accident, then you are entitled to whatever settlement amount you and the insurance company agree upon. It is important to note that insurance companies are looking out for their business, not your well-being. So, the best way to maximize your settlement amount is to partner with a personal injury attorney. It is important to know that there is no average car accident settlement, as the details of each incident vary on a case-by-case basis. However, the following factors will play a large part in determining the total value of your vehicle accident:
- Severity of injuries: These can be broken down into 3 tiers, with Tier 3 being the most severe.
- Tier 1: Minor, non-surgical injuries such as strains, sprains, and contusions.
- Tier 2: Deep lacerations, broken or fractured bones that require surgical intervention
- Tier 3: Traumatic brain or spinal cord injuries, resulting in temporary or permanent function loss
- Insurance coverage: the extent of the at-fault party’s insurance policy
- Lost income: Total amount of lost wages, which were a direct result of the injuries sustained from the accident.
- Medical Expenses: Medical expenses incurred from your injuries and any future medical treatments you may expect to have.
- Pain and Suffering: Emotional stress, trauma, and anxiety caused by how much your life has changed since the accident.
What Factors Could Decrease My Car Accident Settlement?
Understanding the factors that can potentially harm your case is essential to knowing the value of your lawsuit. While an attorney at Ylla Gosney will be able to highlight the reasons you deserve to be compensated, we will also work aggressively to protect you from the factors that could reduce your compensation. These include:
- Comparative negligence: if you are found partially at fault, your settlement can be reduced or eliminated if you’re found more than 49% at fault for the accident.
- Pre-existing conditions: pre-existing medical conditions unrelated to the accident could complicate and potentially decrease the settlement.
- Lack of strong evidence: the inability to prove the liable party’s fault or carelessness in the accident can undermine your case and reduce your settlement.
- Delayed medical treatment: delays in seeking medical treatment after the accident may count against you as it implies your injuries were not that severe
- Inconsistent statements: inconsistencies in your statement or re-telling of the incident can hurt your credibility and diminish settlement prospects
Contact Ylla Gosney | Oklahoma City Car Accident Lawyer
If you or a loved one has been involved in a car accident caused by a driver on illegal substances in Oklahoma City, Ylla Gosney can help. Our team of Car Accident Attorneys will aggressively pursue liable parties for the full extent of your damages. Even though we’ve helped thousands of injured victims receive a fair settlement after a car accident, we treat each client with a custom legal plan that best fits their situation. Get started today by contacting us for a free consultation and case evaluation.