If Illinois drivers cause an accident with drugs in their system, they will be held fully accountable by the law, says Chicago car accident attorney Patrick A. Salvi of Salvi, Schostok & Pritchard, P.C.
Chicago, IL (PRWEB) August 12, 2011
Chicago personal injury lawyer Patrick A. Salvi says a recent Illinois Supreme Court ruling highlights the harsh consequences drivers face if they cause a crash while drugs are in their system.In State v. Martin (Docket No. 109102), the high court held that a motorist could be guilty of aggravated DUI based on a trace amount of methamphetamine found in the motorist’s urine sample â€" without any need for a causal link to be shown between the drug and the accident.
“In other words, if you drive with any drugs in your system â€" and that includes illegal drugs and prescription drugs that are being used unlawfully â€" then you can be found negligent per se,†says Patrick A. Salvi, the managing equity partner of the Chicago personal injury law firm of Salvi, Schostok & Pritchard, P.C.
Salvi and his law firm have secured hundreds of millions of dollars in verdicts and settlements for Illinois car accident victims, including compensation for their medical expenses, lost wages and pain and suffering. Salvi teaches personal injury law at the University of Notre Dame School of Law.
“This ruling was made in the criminal context, but it could have a direct and significant bearing on personal injury and wrongful death claims involving drugged drivers,†Salvi says. “This should enhance our ability to hold reckless drivers accountable and secure funds for their victims.â€
The state’s tough stance against drugged driving recognizes the inherent dangers of driving while under the influence of an impairing substance, according to Salvi. He says that drugs can severely hinder a driver’s perception, cognition, attention, coordination and reaction time.
A 2007 survey by the National Highway Traffic Safety Administration (NHTSA) found that 16.3 percent of drivers in random roadside checks tested positive for over-the-counter medications, prescription drugs and illegal drugs. Drugs found in motorists' systems included marijuana, cocaine, methamphetamine, methadone, painkillers, Oxycontin and Vicodin. A 2009 NHTSA study found that 18 percent of fatally injured drivers had at least one drug in their system.
“Prescription drugs and medications often are sold with warnings against operating cars or other machinery for a period of time after taking the drug,†Salvi says. “If a person fails to read that warning or simply ignores the risks, they should face the consequences, both in our criminal justice system and in our civil justice system.â€
Although police reports and facts developed through criminal cases can help in securing a verdict or settlement against a drugged driver, the cases can involve complex issues that require the assistance of a skilled and experienced Illinois accident lawyer, Salvi says.
“Insurance companies don’t want to pay claims. Their goal is to protect their bottom line by denying claims or paying as little as they can,†he says. “However, your lawyer’s goal is to protect your and your family and make sure you receive the compensation you deserve.â€
About Salvi, Schostok & Pritchard, P.C.
Salvi, Schostok & Pritchard, P.C., is a leading Illinois personal injury law firm with offices in Chicago and Waukegan. In addition to representing clients in catastrophic personal injury, medical malpractice, aviation and product liability cases, the firm focuses on car and truck accidents, airplane and train accidents, construction injuries, birth injuries, brain injuries, unsafe properties and animal attacks. The firm has obtained more than $585 million on behalf of its clients. The firm's successes in personal injury and wrongful death cases include 160 multi-million dollar verdicts or settlements. For more information, call (312) 372-1227 or use the firm’s online contact form.
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Christina Solomon
Salvi, Schostok & Pritchard, P.C.
(312) 372-1227
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