How Common Is Drug Impaired Driving?
Request Free ConsultationMany drivers assume that “impaired driving” implies alcohol use. However, the reality on our roads is shifting dangerously. A comprehensive study of seriously or fatally injured road users found that 55.8% tested positive for at least one impairing substance, including both illegal drugs and prescription medications.
This statistic reveals a hidden crisis. While society focuses heavily on drunk driving, how common is drug impaired driving? The data suggests it is now a leading cause of severe accidents.
Families in Denver and across the Front Range face this risk daily, often without realizing the driver in the next lane might be under the influence of something other than alcohol. If you have been injured by a negligent driver, an experienced Denver car accident lawyer can investigate whether drugs played a role in the crash.
Essential Facts About Drugged Driving Accidents and Injuries
- Higher rates in Colorado: State data indicates that 34% of all traffic deaths in one recent year involved a drug impaired driver, a rate notably higher than the national average.
- Cannabis is a primary factor: Cannabinoids are the most frequently detected drug category in seriously injured drivers, appearing in over a quarter of cases.
- Legal medications pose risks: Common prescriptions like sleep aids, muscle relaxants, and anxiety medications can impair driving abilities just as severely as illegal substances.
- Polysubstance use is rising: Many severe crashes involve drivers who have combined alcohol with other drugs, significantly amplifying the danger to everyone on the road.
The Scope of the Problem in Colorado
Colorado roads see a distinct pattern of impaired driving that mirrors national trends but with higher intensity. The Colorado Department of Transportation (CDOT) reports that 234 traffic deaths in one recent year involved impaired drivers. This accounts for roughly one-third of all roadway fatalities in the state.
While alcohol remains a major threat, the presence of drugs is undeniable. A report from the Colorado Division of Criminal Justice highlighted that nearly half of DUI case filings involved marijuana. These numbers show how deeply ingrained drug use is in impaired driving incidents.
National trends vs. local reality
On a national level, the National Institute on Drug Abuse notes that marijuana and prescription opioids are the substances most commonly linked to drugged driving crashes. Colorado generally follows this pattern, but with a specific emphasis on cannabis and “polysubstance” use, where a driver mixes alcohol with THC or other drugs.
This combination is deadly. Studies show that drivers with THC in their system are about twice as likely to be responsible for a fatal crash. When alcohol is added to the mix, that risk multiplies further.
Illicit Drugs Frequently Found in Crash Investigations
When law enforcement or accident reconstruction experts investigate a severe crash, they often find evidence of specific illegal substances. The National Highway Traffic Safety Administration (NHTSA) found that cannabinoids (active THC) were present in 25.1% of seriously or fatally injured road users. Here is an overview of the drugs most commonly associated with motor vehicle accidents.
Stimulants
Drugs like cocaine and methamphetamine were found in nearly 11% of injured drivers in major trauma center studies. These substances can make drivers aggressive, reckless, and prone to high-speed maneuvers. Stimulants create a false sense of alertness while simultaneously degrading the driver’s ability to judge distances and react to hazards.
Opioids
Roughly 9.3% of injured drivers tested positive for opioids. These drugs slow down reaction times and cause drowsiness, making it difficult for a driver to stay in their lane or brake in time for a red light at a busy intersection like Colorado Boulevard and I-25.
Cannabis
While legal for recreational use in Colorado, driving under the influence of marijuana remains illegal and dangerous. CDOT’s dashboard shows that between 45 and 82 roadway fatalities per year involve a driver suspected of cannabis impairment.
The Hidden Danger of Prescription and OTC Medications
Not all impaired drivers are using illegal drugs. Many responsible motorists unknowingly put themselves and others at risk by driving after taking legal prescription drugs or over-the-counter (OTC) medicines. Medical and safety professionals warn that many centrally acting medications can degrade driving performance by causing drowsiness, dizziness, or reduced attention.
Drivers should be aware of these common medication categories that increase crash risk:
- Opioid pain relievers: Medications like oxycodone and hydrocodone can cause sedation and slowed breathing.
- Benzodiazepines: Drugs such as alprazolam and diazepam can double crash risk in some studies due to cognitive impairment.
- Sleep aids: Medicines like zolpidem can leave drivers with “morning grogginess” that affects motor control the next day.
- Muscle relaxants: These are linked to dizziness and loss of coordination, making it hard to steer or brake effectively.
- Antihistamines: Even common allergy medicines like diphenhydramine cause significant drowsiness and can impair attention.
Many drivers believe that because a doctor prescribed the medication, it is safe to drive. This misconception leads to preventable tragedies.
The Threat of Polysubstance Impairment
One of the most alarming trends in traffic safety is the rise of polysubstance impairment. This occurs when a driver has more than one substance in their system, such as drinking alcohol while taking prescription painkillers or using marijuana.
NHTSA studies reveal that nearly 20% of injured road users tested positive for two or more substances. The effects of these drugs often do not just add up; they multiply. For example, drinking alcohol while taking a sedative can cause a driver to pass out behind the wheel almost instantly.
This is particularly relevant in our area, as Denver ranks as one of the worst cities for drunk driving, and the addition of recreational drugs creates a compound risk for everyone on the road.
How Do You Prove Liability in Drugged Driving Cases?
Establishing that a driver was impaired by drugs is often more complex than proving alcohol impairment. There is no simple “breathalyzer” for Vicodin or cocaine at the roadside. Police officers often rely on Drug Recognition Experts (DREs) to perform field sobriety tests and request blood draws.
However, a lack of criminal charges does not mean the driver wasn’t negligent. In a civil lawsuit, attorneys can use other forms of evidence to prove liability in a drunk driving accident case or a drugged driving claim.
Evidence used in civil claims
Attorneys look for specific indicators that the at-fault driver was unfit to drive.
- Toxicology reports: Blood or urine test results from the hospital can reveal the presence of drugs even if police did not make an arrest.
- Prescription records: Pharmacy records can show if the driver recently filled a prescription for a sedating medication.
- Witness testimony: Bystanders may testify that the driver appeared dazed, slurred their speech, or was driving erratically before the crash.
- Dashcam footage: Video evidence can show weaving, sudden stops, or failure to maintain a lane, which are hallmarks of impairment.
Dealing with Insurance After a Drugged Driving Crash
When a driver impaired by drugs causes an accident, their insurance company may try to minimize its liability for the damage. They may delay the investigation or argue that their policyholder was not actually “impaired” because they had a valid prescription. However, Colorado law does not shield a driver from liability simply because the substance was prescribed.
While liability insurance generally covers negligent conduct, including driving while impaired, encountering barriers while fighting the insurance company after a car accident is common. Insurers may still dispute fault, challenge the severity of injuries, or delay the investigation while waiting for toxicology results.
No car accident victims should have to pay for medical bills caused by someone else’s choice to drive under the influence. An investigation can verify if the driver had a history of drug-related fatal crashes or prior DUI offenses, which can strengthen the demand for compensation.
Top Questions About Impaired Driving Accidents
Is it illegal to drive with a valid prescription?
Yes, it can be illegal. Having a valid prescription for a medication like Vicodin or Xanax is not a defense against a DUI charge if that medication impairs your ability to drive safely. Colorado law focuses on the impairment of the driver, not just the legality of the substance. If a medicine makes you drowsy or uncoordinated, you can be arrested and held liable for a crash.
How do police test for marijuana impairment?
Police use a combination of field sobriety tests and blood tests. In Colorado, there is a “permissible inference” of impairment if a driver’s blood contains 5 nanograms or more of active THC per milliliter.
However, because THC stays in the body for a long time, drivers can sometimes be charged even if they last used cannabis days ago, though they can argue against this in court.
Can I sue a driver who was high but not charged by the police?
Yes. The standard of proof in a civil lawsuit (preponderance of the evidence) is lower than in a criminal case (beyond a reasonable doubt). Even if the police did not have enough evidence to arrest the driver for DUI, you can still present evidence of their drug use to a civil jury to prove they were negligent and responsible for your damages.
Does insurance cover accidents caused by drug use?
Generally, yes. Auto liability insurance covers injuries and property damage caused by the policyholder’s negligence, which includes driving while impaired. However, the insurance company will likely investigate thoroughly. If the driver’s behavior was intentional (which is rare in these cases), coverage might be denied, but negligence is typically covered.
What if the drugged driver has no insurance?
If the at-fault driver is uninsured, you can file a claim under your own Uninsured Motorist (UM) coverage. This coverage steps in to pay for your medical bills, lost wages, and pain and suffering as if it were the other driver’s insurance. It is a critical safety net for accidents involving irresponsible drivers.
We Hold Impaired Drivers Accountable
At Fuicelli & Lee, we have seen the devastation caused by drivers who choose to get behind the wheel while under the influence. Whether the impairment comes from illegal drugs or a prescription bottle, the result for the victim is the same. We believe in pursuing full justice for those injured by this reckless behavior.
We handle the complex investigation and stand up to the insurance companies so you can focus on healing. Call us or contact us online today for a free consultation. Our team is ready to listen to your story and help you find the best way forward.