does illegal drugs in your system change the fault of accident

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does illegal drugs in your system change the fault of accident

Was in an accident – hit in the passenger right back door – rim of tire. Both were taken to the hospital. I was given a alcohol test – breathlizer – at the scene and passed. Report states eyes clear – no redness at the scene. When I arrived at the ER I was given a blood test – tested positive for cocaine – which I had small amount four days prior to accident. Will this change the outcome

Asked on February 27, 2017 under Accident Law, Arkansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It does not automatically change the fault, since whether you had taken drugs or not, the other driver could have been driving dangerously while you were driving safely. But while it does not automatically mean that you were at fault, it certainly would support a finding that you were driving carelessly or negligently and hence at fault, since if you were positive for cocaine, it could have impaired judgment or affected reflexes. If there was any other evidence of your fault, this evidence will play into that and support it, and thus increase the likelihood of you being found at fault.


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