Drugged Driving Accident Claims in Stillwater, OK
Drugged driving has surpassed drunk driving in the proportion of impaired-driving fatalities in recent years. Drug-impaired driving claims face challenges DUI cases don’t. Insurance companies use the proof challenges aggressively. A local attorney experienced with drug-impaired driving claims knows how to overcome the proof challenges.
Drugged Driving Isn’t Just Illegal Drugs
The widespread misunderstanding is that drug impairment requires illegal substances. It doesn’t.
Prescription Medications
Legal prescription drugs frequently impair driving. Examples include:
- Prescription opioids
- Benzodiazepines (Xanax, Valium, Ativan, Klonopin)
- Hypnotic medications
- Skeletal muscle relaxers
- Mental health prescriptions
- Antihistamines (especially first-generation antihistamines)
- Prescription stimulants
- Headache prescriptions
- Anti-seizure medications
Over-the-Counter Medications
Non-prescription medications can be drugged driving substances:
- First-generation antihistamines
- DXM-containing medications
- Sleep aids (Tylenol PM, Nyquil)
- Anti-nausea OTCs
Recreational Drugs
Illegal and recreational substances include marijuana products, stimulant drugs, amphetamines, recreational opioid use, hallucinogenic substances, synthetic drugs (synthetic cannabinoids, bath salts), sedative-hallucinogens, and inhalants.
Why Drugged Driving Cases Are Harder to Prove Than DUI Cases
No Equivalent of the .08 BAC Standard
Alcohol has a per se threshold. Drug impairment lacks comparable per se thresholds. Some jurisdictions have THC per se limits, but those limits don’t necessarily correlate with actual impairment.
For nearly all drugs other than marijuana in some states, impairment must be demonstrated.
Detection Difficulties
Drug testing can identify substances, but detection of presence doesn’t equal proof of impairment.
THC metabolites persist long after impairment subsides. This creates significant scientific and legal challenges.
Different drugs metabolize differently. Some have short detection windows, some are detectable for extended periods.
Testing Isn’t Routine
Police officers routinely test for alcohol after crashes. Drug testing is less standardized. If law enforcement didn’t test for drugs, impairment must be established through other means.
Drug Recognition Experts (DREs)
DREs can identify drug impairment through systematic evaluation. DRE-conducted observations carry significant weight when conducted. DRE coverage isn’t universal.
Defense Challenges
Defense counsel aggressively challenges these cases:
- “Detected metabolites prove drugs were used at some point, not that the driver was impaired”
- “The test was conducted improperly”
- Prescription drug defenses
- Temporal challenges
How These Cases Get Built
Toxicology Evidence
If toxicology was performed, lab results are key evidence.
That said, the analysis needs expert interpretation. Qualified pharmacology experts provide the scientific foundation for impairment proof.
Observable Impairment
Witness descriptions matter enormously.
Observable impairment indicators include:
- Impaired speech patterns
- Visual signs
- Coordination problems
- Behavioral indicators
- Drowsiness or unconsciousness
- Witnessed driving problems
- SFST failures
- Physical signs (dilated pupils, constricted pupils, sweating, agitation)
Pre-Crash Driving Behavior
Witness accounts of the driver’s behavior before the crash support impairment claims. Documented driving behavior can support impairment findings.
Criminal Charges
Criminal charges against the driver can substantially support the civil case. Criminal convictions for drug-impaired driving carry significant weight in subsequent civil litigation.
Driver Statements and Admissions
Self-reported drug use become powerful evidence.
Medical Records
Medical history can show relevant drug history.
Vehicle Evidence
Items in the driver’s possession build the impairment case.
Punitive Damages and Drugged Driving
Drugged driving conduct can support punitive damages. Choosing to drive while drug-impaired typically supports gross negligence findings.
These damages can transform case value in serious drugged driving cases.
Common Insurance Defenses
“There’s No Proof of Impairment”
The defining defense. Detection-doesn’t-equal-impairment arguments.
“The Medication Was Taken as Prescribed”
In prescription drug scenarios, Prescription compliance defense. Following a prescription doesn’t preclude impairment-based liability. Legal prescription use can still cause impairment.
“Comparative Fault”
“You contributed too”.
“The Crash Wasn’t Caused by Drug Impairment”
“Drugs didn’t cause the crash”. Expert analysis counters these defenses.
Critical Steps After a Drugged Driving Crash
Get the Police Report
Get the official report. Specifically look for DRE evaluation findings.
Document Witness Observations
Witnesses who observed the other driver’s behavior may be the key proof.
Preserve the Vehicle Evidence
Items found in the other driver’s vehicle can build the impairment case.
Document Driver Statements
Self-reported information from the other driver.
Photograph the Scene
Photograph everything relevant.
Get Medical Attention Immediately
Quick medical attention protects against later disputes.
Track the Criminal Case
Criminal charges against the other driver provides important evidence.
Don’t Wait to Get Legal Help
Critical evidence needs prompt action.
Damages Available
Recoverable losses include the standard auto crash damages plus enhanced damages potential:
- Past and future medical expenses
- Lost wages
- Permanent occupational limitations
- Property damage
- Loss of enjoyment of life
- Loss of consortium
- Enhanced damages — frequently significant in these cases
Dram Shop and Third-Party Liability
For prescription drug scenarios, other parties may share fault. Healthcare providers who prescribed medications without adequate warnings about driving may create medical malpractice issues.
Attorney Costs
Counsel handling these cases work on contingency. Free initial consultations are standard. Specialty expertise costs fronted by counsel.
Move Quickly
Drug evidence has time-sensitive preservation issues. Investigation records become harder to obtain. The legal time limit continues to run. Getting an attorney involved promptly preserves every angle of the case.