Having warned about drunk driving, public safety campaigns rightly so, have spent decades doing so. However, there is one menace that does not receive as much media coverage: drug-impaired driving. It could be any prescription drug, an over-the-counter product, cannabis, or an illicit drug, but when it comes to the road, drugs can be equally harmful as alcohol. And the issue seems to be emerging.
Why Is Drug-Impaired Driving on the Rise?
The recent increase has been due to two significant factors. One of them is the legalization of cannabis in less than a number of states. The rate of crashes in the states which have legalized recreational and medicinal marijuana has increased. Some of them operate the wheel afterward, as more people are using it. The most of them just do not feel that it interferes with their driving skills.
There has also been an increased drug-impaired driving due to the opioid crisis. And not in comparison with drunk driving which over the years of its operation has decades of social campaigns promoting people with, it seems that drugged driving does not have the same social stigma attached, and so people can more easily justify it.
How Do Drugs Affect a Driver’s Ability to Drive Safely?
Most drivers believe that they will be able to get behind the wheel since they are not drinking. However, it is not always so. Usual prescription drugs such as sleeping pills and painkillers may result in severe drowsiness and slow responses. There is even a warning concerning the use of heavy machinery with even over-the-counter drugs due to this reason.
Cannabis also impairs driving skills. Neither legal nor medicinal use makes it safer to drive. Studies have indicated that marijuana deprives a driver of hand eye coordination and split-second decisions. These impairments can be deadly. As an example, a child who runs right into the road demands a response which takes a split second, and a drug-impaired driver might be incapable of, and the results can be disastrous.
The use of multiple substances is one of the greatest risks towards other individuals. One of the most perilous increases in risk factors can result in a serious auto crash when any single drug is combined with at least a single dose of alcohol. Every substance enhances the effects of others and driving can be much more dangerous than either substance individually.
How Common Is Drug-Impaired Driving in the U.S.?
The figures are worrying. The CDC (2023) shows that in 2023, the estimation of those who drove under the influence of cannabis is 12.1 million, and those who drove under the influence of another drug are 2.2 million. All that adds up to about 14.3 million drug-impaired drivers, or almost identical to the number of drivers who drove under the influence that year (15.5). What used to be thought a much lesser problem than drunk driving has almost caught up.
Are Drug-Impaired Car Accidents Harder to Prove?
Yes, very oftentimes they are. Being hit by a drug-impaired driver comes with its own legal challenges. There is no drug breathalyser as with alcohol. Police use blood or urine tests and testing of Drug Recognition Experts (DREs) specially trained to determine impairment. Nonetheless, not all police departments have a DRE on call and this is another factor that makes it more challenging to prove drug-impaired driving.
Can the Driver Who Caused My Injuries Be Held Liable if They Were on a Legal Prescription?
Yes. A driver may be found negligent due to the use of a medication that, though legal, renders him/her impaired in judgment. Legal does not imply driving safety. In case such medication led to their drowsiness, reduced their response speed or in any other way impacted their capacity to drive safely, they can be held liable.
Can I Sue the Drugged Driver Who Injured Me if They Are Never Charged or Convicted of a DUI?
Yes. Even when the driver is not charged or convicted in a court of court, you can bring a civil personal injury case against him. The bar courts are less rigorous in terms of proof. The defendant may be found guilty in case he or she was more likely than not impaired at the occurrence of the car crash. They would have had to be incapacitated, in criminal court, beyond a reasonable doubt.
Given how legally complex drugged driving accidents can be, attorney J.J. Dominguez of The Dominguez Firm advises hiring an experienced car accident attorney immediately. It may be more difficult to prove that it was drug-impaired car accidents than drunk driver collisions so, you should not wait to get a lawyer because your lawyer will be able to immediately get to work to protect your rights when the evidence is still fresh, and that is the key to making a quality claim.
