When most people think of impaired driving, they think of alcohol. But every year, countless serious crashes are caused by drivers who are under the influence of prescription medications, illegal drugs, marijuana, or a combination of substances. Even though marijuana is legal for recreational use in California, it is illegal to drive while impaired by marijuana.
If you or a loved one has been injured in an accident caused by a drug-impaired driver, you may be entitled to compensation for your medical bills, lost wages, pain and suffering, and other damages. At Boeger Law Firm, we represent injured victims throughout Contra Costa, San Joaquin, Sacramento, Alameda, and surrounding Northern California counties, helping them hold negligent drivers accountable.
Drug-Impaired Driving Is More Common Than Many People Realize
Driving safely requires clear judgment, quick reaction time, and full attention. Many substances can significantly reduce a driver’s ability to operate a vehicle safely, including:
- Marijuana (cannabis)
- Prescription pain medications (opioids)
- Anti-anxiety medications
- Sleep medications
- Muscle relaxers
- Certain antidepressants
- Illegal drugs such as cocaine, methamphetamine, heroin, and fentanyl
- Combinations of drugs and alcohol
Many prescription medications specifically warn users not to drive or operate heavy machinery because they can cause drowsiness, slowed reaction time, dizziness, blurred vision, or impaired judgment.
Marijuana Is Legal—But Driving While High Is Not
California legalized recreational marijuana for adults, but legalization does not give someone permission to drive while impaired.
THC, the psychoactive ingredient in marijuana, can affect:
- Reaction time
- Depth perception
- Coordination
- Decision-making
- Attention to the road
A driver who chooses to get behind the wheel after using marijuana can still be held legally responsible if their impairment causes an accident.
Prescription Drugs Can Be Just as Dangerous
Many people mistakenly assume that if a medication was prescribed by a doctor, it cannot lead to a DUI or create liability after an accident.
That is simply not true.
Prescription medications may impair driving even when taken exactly as directed. If a driver knows—or reasonably should know—that a medication affects their ability to drive, they have a duty to avoid getting behind the wheel.
Examples include:
- Opioid pain medications
- Xanax, Ativan, Valium, and other benzodiazepines
- Ambien and other sleep aids
- Muscle relaxers
- Certain antihistamines
- Some medications used to treat seizures or mental health conditions
A driver who causes a crash because they were impaired by prescription medication may be held financially responsible for the injuries they cause.
How Can Drug Impairment Be Proven?
Unlike alcohol cases, there usually isn’t a simple breath test that proves impairment from drugs.
Instead, evidence may include:
- Police observations
- Field sobriety testing
- Blood or urine testing
- Drug Recognition Expert (DRE) evaluations
- Witness statements
- Dashcam or surveillance video
- Cell phone records
- The driver’s own admissions
- Medical records
- Accident reconstruction evidence
An experienced personal injury attorney knows how to obtain and preserve this evidence before it disappears.
What Compensation Can You Recover?
If another driver’s impairment caused your injuries, you may be able to recover compensation for:
- Emergency medical treatment
- Hospital bills
- Surgery and rehabilitation
- Physical therapy
- Future medical expenses
- Lost income
- Loss of future earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Permanent disability or disfigurement
Every case is different, and the value of your claim depends on the severity of your injuries and the facts surrounding the collision. In appropriate cases punitive damages may be awarded against those charged with driving under the influence.
Never Assume the Insurance Company Will Treat You Fairly
Insurance companies focus on minimizing what they pay—Their only obligation is to their insured, the negligent driver and themselves. They are not concerned on what is is fair for the injured victim.
Even if it seems obvious that the other driver was impaired, the insurance company may try to:
- Dispute liability
- Blame you for the accident
- Downplay your injuries
- Delay your claim
- Offer a settlement far below what your case is worth
Having an experienced personal injury attorney can help level the playing field and protect your rights.
What Should You Do After a Drug-Impaired Driving Accident?
If you’ve been injured:
- Call 911 immediately.
- Seek medical treatment, even if injuries seem minor.
- Cooperate with law enforcement.
- Take photographs of the scene and your injuries if possible.
- Obtain witness contact information.
- Do not give a recorded statement to the other driver’s insurance company without speaking to an attorney.
- Contact an experienced personal injury lawyer as soon as possible.
Early investigation is often critical in drug-impairment cases because important evidence may disappear quickly.
How Boeger Law Firm Can Help
At Boeger Law Firm, we understand the devastating impact a serious accident can have on you and your family. We investigate every case thoroughly, work with accident reconstruction experts when necessary, gather critical evidence, negotiate aggressively with insurance companies, and prepare every case as though it may go to trial.
If you were injured by a driver who was under the influence of marijuana, prescription medication, or any other impairing substance, you should not have to bear the financial burden of someone else’s poor decision.
Our experienced attorneys proudly represent injury victims throughout Brentwood, Tracy, Isleton, Contra Costa County, San Joaquin County, Sacramento County, Alameda County, and surrounding Northern California communities.
Contact Boeger Law Firm Today
If you or a loved one has been injured by an impaired driver, don’t wait to learn your legal rights. California law limits the time you have to file a personal injury claim.
Contact Boeger Law Firm today for a free consultation. We work on a contingency fee basis, meaning you pay no attorney’s fees unless we recover compensation for you.