Compensation After a Drug-Impaired Driver Crash in Norman, OK
Drug-impaired driving now equals or exceeds alcohol-impaired driving in many fatal crash statistics. These claims operate under proof rules that complicate liability. Defense strategies leverage these complications. A local attorney experienced with drug-impaired driving claims knows how to overcome the proof challenges.
Drugged Driving Isn’t Just Illegal Drugs
A frequent mistake in how people think about these cases is that drugged driving requires drugs of abuse. It doesn’t.
Prescription Medications
Common prescription drugs can cause impairment. Examples include:
- Pain medications
- Benzodiazepines
- Sleep medications (Ambien, Lunesta, Sonata)
- Muscle relaxants (Soma, Flexeril, Robaxin)
- Antidepressants and antipsychotics (particularly during initiation)
- Antihistamines (especially first-generation antihistamines)
- ADHD medications (especially when misused)
- Headache prescriptions
- Anti-seizure medications
Over-the-Counter Medications
OTC drugs frequently cause impairment:
- First-generation antihistamines
- DXM-containing medications
- Diphenhydramine-based sleep aids
- Motion sickness medications
Recreational Drugs
Illicit substances include marijuana products, stimulant drugs, methamphetamine, illegal opioids, hallucinogenic substances, synthetic drugs (synthetic cannabinoids, bath salts), sedative-hallucinogens, and nitrous oxide and other inhalants.
Why Drugged Driving Cases Are Harder to Prove Than DUI Cases
No Equivalent of the .08 BAC Standard
For alcohol, there’s a clear legal limit. For drugs, no equivalent standard exists for most substances. Some states have established per se thresholds for THC (the active component in marijuana), but those limits don’t necessarily correlate with actual impairment.
For most drugs, prosecutors and plaintiffs’ attorneys must prove actual impairment.
Detection Difficulties
Lab tests reveal drug presence, but drugs can be detected long after impairment has ended.
THC metabolites persist long after impairment subsides. This creates significant scientific and legal challenges.
Detection times vary significantly. Some drugs disappear quickly, others persist for days.
Testing Isn’t Routine
Alcohol testing happens automatically in many crash scenarios. Drug screening doesn’t happen automatically in many cases. Without testing, the impairment case requires alternative proof.
Drug Recognition Experts (DREs)
Specially trained officers called Drug Recognition Experts use the DRE protocol to identify drug impairment. DRE-conducted observations carry significant weight when conducted. DRE availability varies.
Defense Challenges
Defense counsel aggressively challenges these cases:
- “Presence isn’t impairment”
- “The test was conducted improperly”
- “The substance was prescribed and taken as directed”
- Temporal challenges
How These Cases Get Built
Toxicology Evidence
Where testing was conducted, the toxicology becomes central evidence.
Important caveat, presence alone isn’t sufficient. Expert toxicologists help connect the test results to actual impairment.
Observable Impairment
Witness descriptions are often case-defining.
These markers include:
- Impaired speech patterns
- Visual signs
- Physical coordination problems
- Unusual behavior or affect
- Sedation signs
- Erratic driving patterns observed before the crash
- Failed standardized field sobriety testing
- Body signs of intoxication
Pre-Crash Driving Behavior
Pre-crash driving descriptions help establish impairment. Erratic lane keeping, slow reactions, unusual stopping or starting provide circumstantial evidence.
Criminal Charges
Criminal charges against the driver can establish key elements as a matter of law. Criminal convictions for drug-impaired driving can establish negligence as a matter of law.
Driver Statements and Admissions
Driver admissions carry substantial weight.
Medical Records
Healthcare documentation provide additional evidence.
Vehicle Evidence
Drugs, paraphernalia, or related materials in the vehicle support drug-impairment claims.
Punitive Damages and Drugged Driving
Drugged driving conduct can support punitive damages. Knowingly operating a vehicle under drug impairment is often considered gross negligence or reckless behavior.
Punitive damages can substantially increase recovery in serious drugged driving cases.
Common Insurance Defenses
“There’s No Proof of Impairment”
The defining defense. Presence-without-impairment defense.
“The Medication Was Taken as Prescribed”
Where prescription drugs were involved, 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”
Causation defenses. Forensic analysis of impairment-crash connection defeats causation challenges.
Critical Steps After a Drugged Driving Crash
Get the Police Report
Make sure law enforcement was called. Pay attention to impairment observations.
Document Witness Observations
People who saw the impaired driver before or at the scene may be the key proof.
Preserve the Vehicle Evidence
Drug paraphernalia, prescription bottles, or related materials can build the impairment case.
Document Driver Statements
Driver admissions.
Photograph the Scene
Comprehensive scene documentation.
Get Medical Attention Immediately
Prompt medical evaluation protects against later disputes.
Track the Criminal Case
Criminal charges against the other driver can substantially support the civil case.
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:
- Hospitalization, surgical, and rehabilitation costs
- Earnings affected by injury
- Diminished earning capacity
- Property damage
- Loss of enjoyment of life
- Compensation for fatal crashes
- Enhanced damages — often substantial in drug-impaired driving 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 can implicate the prescribing physician.
Attorney Costs
Drug-impaired driving lawyers charge no upfront fees. Case reviews cost nothing. Specialty expertise costs fronted by counsel.
Move Quickly
Drug evidence has time-sensitive preservation issues. Witness recollections fade. OK’s statute of limitations sets a hard cutoff. Engaging counsel right away preserves every angle of the case.