How Common Is Drug-Impaired Driving?

How Common Is Drug-Impaired Driving?

Drug-impaired driving represents one of the most serious and growing threats to public safety on America’s roadways. Unlike alcohol-impaired driving, which has seen declining rates over the past several decades due to increased awareness and enforcement, drug-impaired driving continues to rise.

If you or a loved one suffered an injury in a collision involving a drug-impaired driver, don’t hesitate to call a lawyer. A drunk driving accident attorney will explain your options and fight for a financial recovery for your medical costs, pain and suffering, and other damages.

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The Prevalence of Drug-Impaired Driving

Drug-impaired driving has reached alarming levels in recent years, with multiple studies confirming its widespread nature.

Statistical evidence reveals the concerning scope of drug-impaired driving in the United States:

• The National Highway Traffic Safety Administration (NHTSA) reports that approximately 20 percent of weekend nighttime drivers test positive for drugs
• Marijuana is the most commonly detected drug in impaired drivers (with alcohol being the most commonly detected substance in drivers’ systems)
• Polysubstance use—combining multiple drugs or drugs with alcohol—is a hazard in a significant percentage of drug-related accidents

These statistics represent only documented cases, with experts suggesting the actual prevalence is likely much higher due to underreporting and detection challenges. The problem is particularly acute because many drug-impaired drivers go undetected at routine traffic stops.

Types of Substances Leading to Impaired Driving

Different substances affect driving ability in various ways, but all impair the critical skills necessary for safe vehicle operation. The most common substances involved in drug-impaired driving cases include several categories that present unique detection and enforcement challenges.

The following substances constitute the majority of drug-impaired driving cases:

• Cannabis (also known as marijuana), which can slow reaction time, impair coordination, and affect distance perception
• Prescription opioids, which can cause drowsiness, cognitive impairment, and reduced reaction time
• Benzodiazepines, which can induce drowsiness, dizziness, and impaired coordination
• Stimulants (cocaine, methamphetamine), which can produce aggressiveness, recklessness, and impaired judgment
• Sleep medications, which can result in drowsiness, delayed reaction time, and “sleep-driving”
• Over-the-counter medications, such as certain antihistamines and cold medicines, can  cause impairment
• Synthetic or designer drugs, which can produce unpredictable effects and severe impairment
• Hallucinogens, which can cause perceptual distortions and severe impairment of driving abilities

The increasing legalization of marijuana in many states has corresponded with a rise in cannabis-related impaired driving incidents, creating new challenges for law enforcement and public safety officials. Similarly, the opioid epidemic has contributed significantly to prescription drug-impaired driving cases across all demographic groups.

Responsibility for Drug-Impaired Driving

While individual drivers generally bear primary responsibility for operating vehicles while impaired, accidents like yours can involve multiple liable parties. Your attorney will consider all relevant information in determining liability for your collision, and responsible parties may include:

An Impaired Driver

The most direct responsibility typically lies with drivers who choose to operate vehicles while under the influence of drugs. These individuals can face legal, financial, and moral accountability for their actions.

Individual drivers have several specific responsibilities that, when neglected, contribute to the drug-impaired driving epidemic. Those duties include:

• Understanding how prescription medications affect driving ability
• Reading warning labels on medications regarding driving restrictions
• Recognizing that legal substances (including prescribed medications) can impair driving
• Arranging alternative transportation when using impairing substances
• Acknowledging that “feeling fine” does not equate to being unimpaired
• Understanding that marijuana impairment persists long after the high feels diminished
• Respecting the dangers posed to others by drug-impaired driving
• Recognizing that combining substances (including alcohol) multiplies impairment

Public education campaigns increasingly emphasize that “driving under the influence” applies to all impairing substances, not just alcohol. However, many individuals fail to recognize the impairment effects of their medications or recreational substances.

Healthcare Providers

Medical professionals who prescribe potentially impairing medications have a significant responsibility to educate patients and monitor for potential misuse or dangerous behaviors.

Healthcare providers can play a crucial role in preventing drug-impaired driving through several actions:

• Clearly warning patients about driving restrictions with prescribed medications
• Screening for substance use disorders before prescribing potentially addictive medications
• Monitoring prescription drug use through prescription drug monitoring programs
• Discussing alternative treatment options with patients who drive regularly
• Providing specific guidance on waiting periods before driving after taking medications

The failure of healthcare providers to adequately counsel patients about medication impairment risks represents a significant gap in prevention efforts. Some lawsuits have alleged negligence when prescribers fail to warn patients about severe impairment risks.

Pharmaceutical Companies

Drug manufacturers and distributors bear responsibility for adequately warning consumers about the potential driving impairment their products may cause. It includes clear labeling and appropriate marketing practices.

Pharmaceutical companies have specific responsibilities related to driving impairment, such as:

• Including prominent warnings about driving hazards on medication packaging
• Conducting thorough research on driving impairment effects during drug development
• Updating warning labels as new impairment data emerges
• Educating prescribers about the driving impairment potential of their products
• Developing formulations that minimize impairment when possible
• Providing clear guidance on the duration of impairment effects

Several pharmaceutical companies have faced litigation related to inadequate warnings about the driving impairment risks associated with their products, particularly sleep medications and certain pain relievers.

Your lawyer will conduct a thorough investigation of your or your loved one’s drug-related accident. Expect your legal team to hold anyone with liability accountable for the harm they’ve caused you.

How Attorneys Can Help Victims of Drug-Impaired Driving Accidents

Victims of accidents caused by drug-impaired drivers face unique challenges in pursuing justice and compensation. Attorneys who handle these cases provide critical assistance through various legal strategies and support services.

Your attorney’s slate of responsibilities will likely include:

Investigating, Establishing Fault, and Proving Impairment

Building a strong case against a drug-impaired driver requires investigation techniques that go beyond typical car accident cases. Attorneys employ several strategies to develop compelling evidence, which may include:

• Obtaining toxicology reports and interpretations from medical experts
• Securing police reports and witness statements regarding driver behavior
• Subpoenaing medical records showing prescription history
• Retrieving vehicle “black box” data showing erratic driving patterns
• Obtaining surveillance footage showing dangerous pre-incident behavior by the impaired driver
• Interviewing witnesses about signs of impairment
• Working with accident reconstruction experts to establish causation
• Documenting the chain of custody for blood or urine samples

This thorough investigation is critical because drug impairment evidence can be more challenging to establish than alcohol impairment, especially if proper testing protocols weren’t followed at the accident scene.

Above all else, your lawyer will work to prove that another driver caused your accident. While their impairment is also relevant, proving fault is generally enough to prove you deserve compensation.

Identifying All Liable Parties

Drug-impaired driving cases often involve liability beyond just the impaired driver. Skilled personal injury attorneys identify all potentially responsible parties to maximize recovery for victims, and those parties may include:

• The impaired driver who operated the vehicle
• Any vehicle owners who knowingly permitted impaired driving
• Employers, if the driver was working at the time
• Doctors or pharmacists who failed to warn about impairment risks
• Bars or social hosts who provided drugs or alcohol
• Pharmaceutical companies for inadequate warnings
• Treatment facilities that negligently released patients
• Government entities for improper road design or signage

Your lawyer’s goal will be to secure the compensation you deserve. If they need to pursue money from multiple parties to achieve that goal, they will do so.

Dealing with Insurers and Building Your Claim(s)

Most accident survivors seek compensation through one or more insurance companies. However, insurance companies are not always fair or ethical in handling claims. An attorney will handle every aspect of insurance claims for you, which may include:

• Addressing coverage denials based on intentional acts exclusions
• Maximizing uninsured/underinsured motorist coverage
• Coordinating benefits with health insurance providers
• Identifying applicable umbrella policies
• Navigating multiple liability policies when several parties share fault
• Addressing subrogation claims from health insurers
• Negotiating liens against settlements
• Pursuing bad faith claims when insurers unreasonably deny coverage

Insurance companies often vigorously defend against claims involving drug-impaired driving. These companies know that drugged drivers can cause expensive losses, and the cost of your collision may fall (at least partially) on the insurance company.

Experienced legal representation is essential if you want fair compensation from liable insurers.

Calculating Comprehensive Damages

Victims of drug-impaired driving often suffer severe injuries requiring complex damage calculations. Your lawyer will ensure all current and future impacts are accounted for.

The long-term impacts of serious injuries are important to document through medical and economic expert testimony to ensure that settlements reflect lifetime needs.

Pursuing Criminal Restitution

When criminal charges are filed against drug-impaired drivers, victims may be eligible for restitution through the criminal court process in addition to civil remedies. This dual-track approach may maximize your financial recovery.

You should speak with prospective firms about how they will coordinate any criminal and civil proceedings. A lawyer may assist by:

• Serving as your victim advocate during criminal proceedings
• Documenting economic losses for restitution hearings
• Ensuring your rights are protected under state and federal laws
• Preventing inconsistent statements across criminal and civil cases
• Timing civil litigation strategically around criminal proceedings
• Using criminal convictions as evidence in your civil case
• Leveraging guilty pleas to strengthen settlement negotiations
• Coordinating with prosecutors on victim impact evidence

The at-fault party does not have to face criminal charges for you to receive fair compensation. That said, if they do face criminal charges, your personal injury lawyer will use that fact to their advantage.

This coordination between criminal and civil proceedings can significantly enhance outcomes for victims while ensuring that impaired drivers face appropriate consequences.

Coordinating Expert Testimony

Drug-impaired driving cases can require expert testimony to establish impairment, causation, and damages. Even if expert testimony is not required, your lawyer may arrange expert services to enhance your case.

Attorneys identify, prepare, and present these experts effectively. Key expert witnesses in drug-impaired driving cases can include:

• Toxicologists who interpret drug test results
• Pharmacologists who explain how specific drugs affect driving ability
• Drug Recognition Experts who testify about impairment signs
• Accident reconstruction specialists who establish causation
• Medical experts who project future treatment needs
• Neurologists who document brain injuries
• Economic experts who calculate lifetime financial impacts
• Life care planners who detail long-term support needs
• Occupational therapists who assess functional limitations
• Mental health professionals who document psychological trauma

The selection and preparation of these experts is vital, as juries often find drug impairment more difficult to understand than alcohol impairment. Your personal injury lawyer will find, prepare, and hire any experts who can enhance your case.

Securing a Settlement

A lawyer negotiating for a drugged driving victim often starts with a strong demand letter, emphasizing toxicology results and the victim’s damages. They’ll leverage evidence during discussions with adjusters, counter lowball offers with medical documentation, and firmly insist that insurers pay their client (you) fairly.

Fighting for You at Trial

If your attorney does not receive a fair offer from liable parties, they will be ready to fight for you at trial.

Recoverable Damages for Victims of Drugged Drivers

Because they can be reckless, inattentive, and prone to drowsiness, drugged drivers can cause particularly severe accidents. Severe accidents can place a crushing burden on the victim, and that burden may include your:

• Current and future medical expenses
• Lost earnings and diminished earning capacity
• Rehabilitation and therapy costs
• Home modification expenses
• Pain and suffering
• Emotional distress and psychological trauma
• Loss of enjoyment of life
• Permanent disability or disfigurement
• Loss of consortium for spouses
• Funeral and burial expenses in fatal cases
• Punitive damages to punish especially egregious conduct

Your drugged driving accident attorney will demand compensation for these and any other damages you’re facing. Your attorney’s demands will be tailored specifically to you, so expect them to include every economic and non-economic loss you have suffered.

Hire Your Drugged Driving Accident Lawyer as Soon as Possible

For victims of drug-impaired driving accidents, the path to justice and recovery is often complicated by the unique challenges these cases present. Skilled St. Louis personal injury lawyers provide essential guidance through investigation, insurance negotiations, damages calculations, and litigation strategies tailored to drug impairment scenarios.

Do not wait to find an attorney. Most survivors face at least one deadline related to their case, so it’s crucial you hire your lawyer as soon as possible.

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