Under The Influence In Indiana
Driving under the influence seems to be subjective throughout the United States. “Under The Influence” means that the person operating a motor vehicle has consumed alcohol or ingested or smoked some type of drug. Yet, not all of these substances are equally classified. And, sadly some drugs are now sold on corner stores with or without a prescription.
Some states are more stringent than others when it comes to certain drugs, namely marijuana. The problem arises when a person operating a motor vehicle under the influence of marijuana collides with another motor vehicle injuring the passengers.
Now, even though that particular state may have granted that citizen the right to use marijuana, what it didn’t do is circumvent their insurance policy that voids payout when injuries are caused due to a DUI.
Just like alcohol you may have the right to consume it, but that privilege doesn’t grant you the ability to operate a motor vehicle after the consumption of the alcohol, this goes for over-the-counter (OTC) medications, prescriptions and legal drugs.
So now you have a person who was under the influence which caused the accident and subsequent injuries to the other party’s passengers, but also an insurance company refusing to pay because the person who caused the accident was under the influence.
This now becomes a case of who do you go after? Do you go after the state for making the rules that allowed the citizen the right to use the marijuana or after the person who caused the accident, or perhaps, the insurance company who insured the person who was driving while “under the influence”?
Luckily, in Indiana you don’t have to worry so much about the above scenario. Well, at least not in the sense that the State has deemed marijuana legal. For now, it’s still a class C misdemeanor for the first offense punishable with a short jail time (5-60 days) a fine, community service and probation. The fees and punishment go up with each subsequent violation.
Okay, but still, what happens when a person under the influence of marijuana hits my car and injures me or my passengers, what do I do?
My advice…consult a personal injury attorney. If, the accident occurred in Indiana you can pick up the phone and talk to our professional attorneys who will take the time to listen, gather information and let you know if your claim has merit.
As soon as we are retained, our legal team will begin the process of establishing liability against the person at fault for causing the accident. If your case cannot be settled, it is crucial that your attorney understand how to prepare your case for trial.
Driving under the influence is an act of negligence, just like speeding, reckless driving, cell phone use, disobeying a traffic signal and even driver fatigue. It’s the driver’s responsibility to be careful when he/she gets behind the wheel.
If you were injured or involved in an accident due to the negligence of another, especially while they were driving under the influence, call the Law Office of David W Holub today. The number is (219)736-9700