Drugged Driving Hard To Prove

A recent incident in East Tennessee caught my eye because it illustrates the same problem that exists here in Nashville. The problem is drugged driving. A woman in an SUV accompanied by her two children was so out of it that she drove her vehicle through the wall of a department store. Toxicology tests are pending but officers say enough evidence to place her under arrest for DUI, wanton endangerment and criminal mischief.

The principal concern regarding drugged driving is that driving under the influence of any drug that acts on the brain could impair one’s motor skills, reaction time, and judgment. Drugged driving is a public health concern because it puts not only the driver at risk, but also passengers and others who share the road.

Despite these acknowledged concerns, drugged driving laws have lagged behind alcohol legislation, in part because of limitations in the current technology for determining drug levels, and resulting impairment. For alcohol, detection of its blood concentration (BAC) is relatively simple and concentrations greater than .08% have been shown to impair driving performance.

Thus, 0.08% is the legal limit in this country. For illicit drugs, there is no agreed upon limit for which impairment has been reliably demonstrated. And determining current drug levels can be difficult, since some drugs linger in the body for a period of days or weeks after initial ingestion.

If you or a loved one is injured or killed in a Tennessee car crash caused by a drugged driver you owe it to yourself to contact the experienced Tennessee automobile accident attorney’s at Phillip Miller & Associates and take advantage of a free consultation to find out about your rights and remedies.

Drugged Driving Kills

The Pacific Institute for Research and Evaluation (PIRE) is one of the nation’s preeminent independent, nonprofit organizations focusing on individual and social problems associated with the use of alcohol and other drugs. PIRE is dedicated to merging scientific knowledge and proven practice to create solutions that improve the health, safety, and well-being of individuals, communities, nations and the world.

In a recent study focusing on drug use in fatal car accidents, the Institute found several interesting things I’d like to share with you. Although all states report drivers’ blood alcohol levels (BACs), only about 20 test for drugs. The study included fatally injured drivers involved in single-vehicle crashes killed in states in which more than 79% of the drivers in the file were tested for drugs and had a known result.

Although it’s not clear whether the drugs were to blame for the crashes, the proportion of drugs found in fatally injured drivers almost doubles that found ina similar study on 2007.

Interestingly, significant interactions between drugs and alcohol were observed, suggesting that the contribution of some drug to crash risk varies depending on the driver’s BAC. Furthermore, whatever the effects of different drugs, alcohol still appears to be the biggest roadway hazard. More than drugs, alcohol seems to be the largest contributor to fatal crashes.

The complexities involving drugged driving affects lawmaking, according to the researchers. With alcohol, drivers’ blood levels can be easily tested, and because studies have found that levels above a certain limit—.08%—impair driving, that blood alcohol concentration is the legal limit in all U.S. states.

With other drugs, however, there are no agreed-upon levels that impair driving, and testing drivers is not straightforward. For one, certain drugs can linger in the body for days or weeks after they are used. Right now, states differ in how they tackle drugged driving. More than a dozen have drugged-driving “per se” laws. In most states, that means “zero tolerance” for any detectable amount of certain drugs in a drivers’ blood or urine.

The specific drugs that are prohibited vary by state. Last year, the White House announced that it would be encouraging more states to adopt drugged-driving per se laws. So it is important, say the authors of the study, for researchers to keep studying how various drugs might impair drivers.

If you or a loved one are injured or killed in a Nashville automobile accident by a drugged driver, contact the experienced Nashville auto accident lawyers at Phillip Miller & Associates for a free consultation. Call 615-356-2000.

Hit & Run

On December the 14^th my Tennessee auto accident attorney blog identified the chief contender for the most thoughtless Tennessee driver of 2009. She was drinking, texting and driving with her several day old baby unrestrained when she hit a sign and crashed her car injuring the baby. I thought that this late in the year I wouldn’t find a driver that even came close to this person, but then I read an article in several Nashville media outlets describing the arrest of Angela Marie Shenkle and I think I will be forced to reconsider.

It seems Ms. Shenkle has been charged following an incident in which she stuck and killed a Madison pedestrian as he walked along Gallatin Pike in Nashville. Investigators quoted in the articles believe that she was under the influence of alcohol and drugs. When they located her they found two syringes and two bottles of liquor in her vehicle. To take this tragic story to another level of madness, investigators believe she was involved in a Hit & Run on another pedestrian earlier that same evening. Ms. Shenkle was charged with unlawful use and possession of drug paraphernalia, drug possession without a prescription and DUI. I would expect that homicide charges will follow after the investigation is completed. The identity of the Madison man was not released but I have added him to my prayers along with Ms. Shenkle.

As an experienced Nashville automobile accident attorney I’ve seen dozens of Hit & Run cases, but never have I seen one that makes me think at first glance that a driver was going around town trying to hit pedestrians. Now, don’t get me wrong, I only know about this what I read in the articles but this gal is cold-blooded. Imagine, hitting a human being with your car and leaving them to die alone in the street. After Ms. Shenkle is finished with whatever punishment she gets for this crime, she should permanently forfeit her privileges to operate a motor vehicle in Tennessee.

Hit & Run drivers are, in my consideration, the worst kind of human being. Most H&R drivers are under the influence of alcohol, others have already run afoul of the law and have lost their driving privileges, yet they continue to get behind the wheel and ignore the rules. Many H&R drivers are trying to avoid detection because they don’t have insurance and they don’t want to face the responsibility for their actions. No matter which category they fall into they are the very worst type of person, someone who will leave an injured or dying pedestrian lying in the street.

If you or a loved one is injured or killed by a drunk Hit & Run driver recovering damages for your loss can be a tricky propostition and you will need an experienced Nashville automobile accident attorney to help you protect your rights. At Phillip Miller & Associates we can help you.