geoff@thelopezlawgroup.com | December 8, 2024
How Common is Drug Impaired Driving?
Drug-impaired driving poses a growing threat to public safety. As more substances, both legal and illegal, affect individuals’ ability to operate vehicles safely, the risk to road users increases. But how common is drug-impaired driving? As you’ll see, statistics are lacking. The following is a look at why this is the case. You’ll also learn how St. Petersburg car accident attorneys can help if you’ve suffered an injury in an accident caused by a driver who was on drugs.
The Basics of Drug-Impaired Driving
Drug-impaired driving occurs when someone operates a vehicle under the influence of substances that impair motor skills, reaction times, and judgment. These substances include illegal drugs, prescription medications, and even over-the-counter drugs. Unlike alcohol-impaired driving, drug-impaired driving doesn’t always leave a clear trace, making detection and accountability more complex.
Statistics on Drug-Impaired Driving
A significant percentage of drivers involved in fatal crashes test positive for drugs. Many studies show that marijuana and opioids are frequently detected, but drivers also test positive for stimulants, sedatives, and multiple substances simultaneously.
One study, for example, involved more than 4,000 drivers who suffered severe injuries in crashes. More than half of them tested positive for either alcohol, drugs, or both. Of the drivers who tested positive for drugs, 25 percent of them had marijuana in their systems. Another ten percent had stimulants, while nine percent had opioids, and eight percent had sedatives.
Why Drug-Impaired Driving is Underreported
Unfortunately, due to data limitations, it’s not known how many people die due to drug-impaired driving in the US yearly.
Drug-impaired driving is a significant issue, but it’s often underreported because law enforcement struggles to detect it. Unlike alcohol impairment, which is easier to measure with tools like breathalyzers, identifying drug impairment involves more complex processes. These challenges create gaps in reporting, leaving the full extent of the problem unclear.
Some of the factors contributing to the underreporting of drug-impaired driving include the following:
Breathalyzers Don’t Work for Drugs
Breathalyzers are effective for detecting alcohol in a driver’s system because alcohol leaves a measurable and predictable concentration in breath samples. Drugs, however, don’t work the same way. They metabolize differently and don’t emit detectable compounds in breath, making breathalyzer tests useless for drug impairment.
Relying on Observations
Without a straightforward test, officers must rely on observations to identify drug impairment. They might look for physical signs like bloodshot eyes, dilated pupils, slow speech, and behavioral indicators like confusion or erratic driving. While these signs can suggest impairment, they aren’t always conclusive. Other factors, like fatigue or medical conditions, can mimic drug-related symptoms, making it harder to attribute behavior to substance use confidently.
Drug Recognition Evaluations
Some officers are trained to perform drug recognition evaluations (DREs), a series of tests designed to identify drug impairment. These evaluations assess physical and cognitive abilities to detect signs of drug use. However, DREs are time-intensive and require specialized training, so not every officer can perform them. This limitation contributes to missed opportunities for identifying impaired drivers.
Limitations of Blood and Urine Tests
Even blood or urine test results don’t always correlate directly to impairment. Many drugs stay in the body long after their impairing effects wear off. For example, marijuana can be detectable for days or weeks, even when the user is no longer impaired. This disconnect makes it difficult to prove that a driver was actively impaired at the time of an accident.
Drugs Commonly Linked to Impaired Driving
Drivers often underestimate the risks posed by certain drugs, whether they’re recreational substances or medications prescribed by a doctor. Some of the drugs that cause impairment while driving include:
Marijuana
Many people believe marijuana is harmless behind the wheel, but that’s far from true. Marijuana affects your ability to drive by slowing your reaction time, impairing coordination, and clouding your decision-making skills. A driver under the influence of marijuana might struggle to respond quickly to changing traffic conditions or maintain proper control of their vehicle.
Opioids
Prescription painkillers, like oxycodone or hydrocodone, are another major contributor to impaired driving. These medications cause drowsiness, slower reaction times, and confusion – all dangerous effects for someone operating a vehicle. Even when taken as directed, opioids can leave a driver too impaired to recognize hazards or respond effectively in an emergency.
Stimulants
Drugs like cocaine and methamphetamine create a completely different type of risk. Rather than slowing a driver down, stimulants may cause overconfidence, aggression, and risky behavior. A driver on stimulants might speed, weave through traffic, or make reckless decisions, significantly increasing the chances of a crash.
Prescription Sedatives
Medications prescribed for anxiety or insomnia, such as benzodiazepines, are also dangerous for drivers. These sedatives can impair motor skills and cause extreme drowsiness, even when used as prescribed. A driver under the influence of sedatives might have trouble staying awake, focusing on the road, or reacting to other vehicles.
How Drug Impairment Differs from Alcohol Impairment
Drug-impaired driving creates challenges that differ significantly from alcohol impairment. While alcohol’s effects are well-documented and measurable through blood alcohol concentration (BAC), drugs don’t follow the same predictable patterns.
Drugs interact with each person differently. A small dose of a prescription sedative might leave one driver highly impaired, while another person might not feel any noticeable effects. This variability makes it harder to establish a clear standard for impairment, unlike alcohol, where specific BAC levels indicate intoxication.
Different Effects
Another distinction is how drugs impair driving. Alcohol generally affects reaction time, motor skills, and judgment in predictable ways, but drugs can produce a wide range of effects. For example, stimulants may make a driver overly aggressive or reckless, while sedatives can cause extreme drowsiness.
Because of these differences, proving drug impairment requires a detailed investigation. A single test often suffices to detect alcohol. However, drug impairment cases demand multiple forms of evidence to demonstrate that substances influenced a driver’s actions at the time of an accident.
How a Car Accident Lawyer Can Help Prove Drug Impairment
If a drug-impaired driver has injured you, you need a strong case to hold the negligent party accountable. A car accident attorney can gather and analyze critical evidence to prove the other driver’s impairment. Proving drug impairment is more complex than alcohol-related cases, but a skilled attorney can uncover the details needed to strengthen your claim.
Gathering Evidence from the Scene
Your attorney will start by collecting evidence from the crash scene. Police reports often include observations from responding officers, such as erratic driving, bloodshot eyes, slurred speech, or the smell of drugs. These observations build a foundation for proving the other driver’s negligence.
Obtaining Toxicology Reports
Law enforcement agencies may test drivers for drugs after serious car accidents, but these results aren’t always automatically accessible. Your attorney can request toxicology reports and use the findings to show the driver’s impairment during the crash. Even if drug levels in the driver’s system don’t indicate recent use, the presence of certain substances can show the impaired person couldn’t drive safely.
Securing Expert Testimony on Drug Effects
Drugs affect individuals differently, making it challenging to tie toxicology results directly to impairment. A car accident lawyer can collaborate with professionals who understand how specific substances impact driving behavior. These individuals can analyze test results, behavioral patterns, and evidence from the crash to explain how the drug impaired the driver’s motor skills, reaction time, or judgment.
Using Surveillance and Dashcam Footage
Surveillance cameras from traffic intersections or nearby businesses might capture key moments leading up to the accident. These videos can show signs of impairment, such as swerving, running red lights, or failing to stay in a lane.
If you or another driver involved in the crash had a dashcam, that footage might reveal reckless driving or other behaviors that indicate drug impairment. Your attorney will obtain and review any available recordings to strengthen your case.
Leveraging Witness Testimony
Witnesses play a vital role in proving drug impairment. Passengers, other drivers, or bystanders might recall seeing the impaired driver behaving erratically or interacting in a way that suggests they weren’t sober. They might describe behaviors like slurred speech, unsteady movements, or a failure to respond appropriately to their surroundings. Your attorney can interview these witnesses and use their statements to bolster your claim.
Cross-Referencing Prescription Records
Your attorney may investigate the driver’s pharmacy records when prescription medications are involved. These records might show that the driver exceeded recommended doses, improperly mixed medications, or took a substance that warned against operating machinery. Cross-referencing these records with evidence from the crash helps demonstrate the connection between the drug and the driver’s actions.
Challenges in Proving Drug Impairment
Unlike alcohol, which has established legal limits for impairment, drugs don’t have universally accepted thresholds. This makes proving drug impairment more complex. A car accident lawyer must carefully piece together various forms of evidence to create a compelling case. Toxicology results alone might not tell the full story, but when combined with witness accounts, footage, and expert analysis, they can show how the driver’s impairment led to the crash.
Why an Attorney’s Role Matters
Proving drug impairment requires meticulous investigation and a strategic approach. A car accident attorney will leave no stone unturned in gathering evidence, consulting professionals, and building a strong case on your behalf. By holding the drug-impaired driver accountable, your attorney helps ensure you receive the compensation you deserve for your injuries, damages, and losses.
Drug-impaired driving accidents leave victims with life-altering consequences. From severe physical injuries to emotional trauma, these incidents can disrupt every aspect of life. Holding the responsible party accountable not only provides compensation for these damages but also promotes public awareness of the dangers of driving under the influence of drugs.
Other Reasons Why You Need a Car Accident Lawyer for Drug-Impaired Driving Cases
Drug-impaired driving cases are rarely straightforward. An attorney experienced in handling these claims understands how to uncover hidden evidence and present a compelling argument for your compensation.
Maximizing Financial Recovery
A car accident lawyer will assess the full extent of your losses, from medical bills and lost earnings to pain and suffering. They’ll ensure you receive a fair settlement or court award by presenting a thorough case.
Handling Insurance Companies
Insurance companies often challenge drug-impaired driving claims, especially if evidence of impairment is unclear. An attorney will handle negotiations, ensuring you’re not pressured into accepting an unfair settlement.
Identifying Additional Liable Parties
In some cases, others besides the impaired driver may share responsibility. For instance, a pharmacy or physician who negligently prescribed medication can be liable. A lawyer will explore all avenues to maximize your compensation.
Emerging Technology to Detect Drug Impairment
Technology is advancing to make detecting drug-impaired driving more accurate and efficient. Unlike alcohol impairment, which is easily measured with a breathalyzer, drug impairment has long been harder to identify. New devices under development aim to close this gap by identifying specific substances in a driver’s system, offering faster and more reliable results.
Saliva Tests
Some of these technologies work similarly to breathalyzers but are designed to detect drugs like marijuana, opioids, or stimulants. For instance, saliva-based testing devices are being refined to measure active substances in real-time. These tools allow law enforcement to quickly determine if a driver is impaired during roadside stops, reducing the need for time-consuming lab tests.
In-Vehicle Technology
Other innovations focus on wearable or in-vehicle technology to monitor behaviors that show impairment, such as erratic steering or delayed braking responses. By combining real-time data with substance detection, these tools can provide a clearer picture of whether a driver is unfit to operate a vehicle.
These advancements can significantly improve accountability in drug-impaired driving cases. When law enforcement can detect impairment more reliably, it strengthens the evidence against negligent drivers. For victims of drug-impaired drivers, this means a greater chance of holding the at-fault party responsible for their actions.
With emerging technology, the challenges of proving drug impairment may become easier to overcome, helping create safer roads and ensuring justice for those harmed by impaired drivers.
Let a Car Accident Attorney Go to Work for Your Benefit
Drug-impaired driving is far more common than many realize, creating significant risks for everyone on the road. If you’ve been injured by a driver under the influence of drugs, you deserve justice.
St. Petersburg personal injury lawyers can build a strong case by uncovering the evidence needed to prove the driver’s negligence and secure the compensation you need to move forward. Contact an attorney to learn more and to schedule a free case review.
