Article overview: This article explains Why Having a Toxicology Expert Witness will help Your Motor Vehicle Accident Case and the scientific, legal or practical evidence readers should understand.
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How a toxicology expert helps in a motor-vehicle case
Toxicology Co-Counsels Add Understanding to Complex Concepts
A court case, and especially a jury duty, can be extremely confusing at times when complex matters are discussed without a fully comprehensive background. Having a
toxicology co-counsel expert present allows for intricate drug and alcohol related matters to be better understood, with the correct procedures followed.
Forensic toxicologists as toxicology co-counsels could be the difference between winning or losing a case. Although it may not seem clear at first, a toxicology co-counsel can help your case by understanding the details of the other party’s drug and alcohol history – even the influence of prescription medicine.
What does a forensic toxicologist bring to a case?
- Tools to accurately identify, collect, preserve and analyze toxicological substances found in a person
- Fast and efficient analytical methods for toxicological substances
- Analytical methods to discover emerging drugs in samples
- Improved interpretation of toxicology data to better understand the relationship between the drug and the human body
- Better understanding of drug distribution in human body
Consider the two case studies below as examples of the benefits of having an expert toxicologist as a witness.
Case study 1
In 2013 plaintiff Angelica Rodriguez was at an intersection in California when her vehicle was rear-ended by another vehicle being driven by Don Somerville. The accident resulted in Rodriguez sustaining injuries in her shoulder, rotator cuff and herniated disc at L5-s1, amongst others. The injuries had a knock-on effect and Rodriguez sought medical attention for physical therapy and cortisone injections.
Initially, Somerville was contended to have been driving under the influence of alcohol or drugs when he rear-ended Rodriguez’s vehicle. His blood alcohol level was said to be 0.11, and Somerville was also suggested to have smelt of alcohol whilst detained.
A closer look at the toxicology report from Somerville’s blood revealed that he was not driving under the influence of alcohol but rather that he had a negative reaction to Ambien, a prescribed medication to treat insomnia. The expert toxicologist proved that Somerville’s behavior, although negligent, was not consistent with a blood alcohol level of 0.11. Rather, Somerville had a bad reaction to Ambien and was essentially sleep-driving at the time of the accident. In this case, forensic toxicologists were used to prove the plaintiff’s case.
Case Study 2
Also in 2013, plaintiff Kayleigh McCall had stopped at a red traffic light when she was rear-ended by a bob-tail truck being driven by Paul Ceja. Ceja was under the influence of controlled substances at the time. As a result, McCall sustained brain and spinal injuries which Coast Line Distributing Inc. was sued for on behalf of Ceja due to negligent driving and entrustment of vehicle.
The extent of McCall’s injuries and prediction for future injuries resulted in Coast Line Distributing Inc. being sued for damages totaling $2,119,875.48, despite their claim to have had no advance knowledge of Ceja’s history of drug abuse, incarcerations, felony convictions, drug rehabilitation programs and driver’s license suspension. In this case, a forensic toxicologist would have the insight to determine the extent to which the drug abuse history had an effect on the said accident. Although not clear at first, a forensic toxicologist’s role in an illicit drug or alcohol related case can add massive insight and science to a case that initially appears differently or complicated.
Forensic toxicology adds evidence to a case that deals with the understood analysis of biological substances that allow for an educated understanding of what drug or alcohol influence is involved in certain behaviors. A toxicology co-counsel brings this intelligence to the courtroom to share the understanding.
Authoritative sources and further reading
