Drug impaired drivers cause thousands of injuries and deaths every year in California. Drivers who drive under the influence of drugs – whether they are illegal, prescribed or even over-the-counter – put themselves, their passengers and everyone on the road in danger. The combination of drugs and alcohol is especially dangerous. Even over-the-counter medications, such as Benadryl, when combined with a single alcoholic beverage, can cause impairment serious enough to make a driver unable to safely operate a vehicle.

DUI Drug-Related Accidents – What is the Law?

While most people associate alcohol with DUI accidents, by law, drivers are not allowed to drive under the influence of any drug that causes significant impairment. California Vehicle Code Section 23153 sets forth the law regarding driving under the influence of alcohol or drugs: “It is unlawful for any person, while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.”

Driving Under the Influence of Illegal Drugs

It is illegal to drive under the influence of any illegal drug, including but not limited to cocaine, marijuana, crack cocaine, ecstasy, heroin, LSD, acid, PCP, meth, crystal meth, and inhalants. When drivers under the influence of drugs cause accidents, drivers may face the same criminal charges for driving under the influence that a driver under the influence of alcohol could potentially face. Additionally, as with victims of alcohol-related accidents, victims of drug-related accidents and their families may pursue compensation for their injuries or loss against the driver in a personal injury or wrongful death claim.

Prescription Drug Use and Accidents

Illegal drugs are not the only agents that cause accidents. Everyday, millions of people get behind the wheel while under the influence of a wide variety of medications that may cause significant impairment. Many sedatives and anti-anxiety drugs such as clonazepam (Klonopin), diazepam (Valium), lorazepam (Ativan) and alprazolam (Xanax) contain warnings labels that state, “Until you experience how this medication affects you, do not drive a car or operate potentially dangerous machinery.” Other drugs, such as Lyrica (for fibromyalgia), Chantix (a stop smoking aid) and Requip (for restless leg syndrome) contain warnings as well.

Protecting Victims’ Rights

After any accident that is suspected to involve a drug-impaired driver, it is critical to contact a lawyer right away, so that evidence may be preserved and an investigation may be commenced. It may be more difficult to prove that a driver was under the influence of a drug than proving a driver was under the influence of alcohol, as drug-impaired drivers may pass breathalyzer tests. At Estey Bomberger, our attorneys can arrange for independent testing if there is any evidence that illegal drugs may be responsible for an accident.  As time passes, evidence is lost and witness recollections may be forgotten. For this reason, it is never to soon to consult with a lawyer who can begin investigating your case and establishing liability.

Advocates for Victims of Drug-Related Accidents

The drug-related accident victim attorneys at Estey Bomberger are advocates for victims of all types of DUI accidents. Regardless of the driver’s drug or alcoholic beverage of choice, the pain caused by a serious injury or a loved one’s unexpected death is the same.  DUI accidents are 100% preventable. Drivers who make the choice to drive under the influence of drugs, alcohol, or a combination of both must be held accountable for their actions and the accidents they cause.  When others – such as parents who allow minors to drive under the influence, or employers who do nothing to stop a knowingly intoxicated person from getting behind the wheel of a company car – do nothing to stop it, they may be liable for their choices as well.

If you or a loved one is the victim of a drug-related accident, contact the California DUI accident victim attorneys at Estey Bomberger for a free consultation and review of your potential case with an attorney.