Indiana Drugged Driving Accident Lawyer | Impaired Driver Crash Claims | Free Consultation

TL;DR: Indianapolis Drugged Driving Accident Claims

Quick Answer: Can I sue someone who hit me while high on drugs?

Yes-driving while impaired by any substance (marijuana, opioids, cocaine, prescription medications, or even over-the-counter drugs) is negligence. Punitive damages may be available for illegal drug use. Unlike alcohol, there's no legal "limit" for drugs-any impairment that causes a crash creates liability.

• Any Impairing Substance Counts: Illegal drugs, prescription medications, marijuana (even with a medical card), and over-the-counter medications can all trigger liability.
• Rising Problem: Drugged driving now rivals drunk driving as a cause of fatal crashes-especially with opioid abuse and marijuana legalization in neighboring states.
• Punitive Damages: Available for illegal drug use or reckless prescription drug abuse.
• Harder to Detect, Easier to Prove: Blood tests are more reliable than breath tests, and toxicology reports provide concrete evidence.
• No Fee Unless We Win: Free consultation. Call 317-969-8000.

Indianapolis Drugged Driving Accident Lawyer - Holding Impaired Drivers Accountable

The opioid epidemic. Marijuana legalization in neighboring states. Prescription drug abuse. Over-the-counter medication warnings that people ignore. Today's roads are filled with drivers impaired by substances other than alcohol-and they're just as dangerous.

Drugged driving accidents have surged in recent years. According to NHTSA, drugs now play a role in more fatal crashes than alcohol. In Indiana, drivers impaired by everything from heroin to Ambien to medical marijuana cause devastating accidents daily.

These cases are often more complex than drunk driving claims. There's no simple "0.08% limit" for drugs. Detection methods differ. But the core principle remains the same: if someone drove while impaired and injured you, they're liable for your damages.

At Emerson Divorce and Accident Injury Attorneys, our Indianapolis drugged driving accident lawyers understand the unique challenges these cases present. We work with toxicologists, accident reconstructionists, and medical experts to prove impairment and secure maximum compensation-including punitive damages when appropriate.

Headquarters in Carmel with offices in Fishers and Zionsville-serving drugged driving accident victims in Indianapolis, Hamilton County, and throughout Indiana.

Free consultation: 317-969-8000

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Key Topics Covered in This Video:

• ✓ Proving Drug Impairment
  Blood tests, DRE evaluations, toxicology
• ✓ Prescription Drug Cases
  Legal drugs can still mean liability
• ✓ Punitive Damages
  Extra compensation for impaired driving
• ✓ When to Call a Lawyer
  Preserving toxicology evidence

Ready to Discuss Your Drugged Driving Case?

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Read Video Transcript (Click to Expand)

Jill Bracken-Emerson: "Hi, I'm Jill Bracken-Emerson, a drugged driving accident attorney serving Indianapolis and Hamilton County. If you've been hit by a driver impaired by marijuana, prescription drugs, or other substances anywhere in Central Indiana, this video will explain your legal rights."

[Add your actual video transcript here]

Note: This transcript is provided for accessibility and SEO purposes. For the complete visual presentation, please watch the video above.

What To Do After Being Hit by a Drugged Driver

At the Scene - Recognize Drug Impairment

1. Call 911: Tell dispatch the other driver appears impaired. Request a Drug Recognition Expert (DRE) if available.
2. Observe signs of drug impairment: Different than alcohol-look for dilated or constricted pupils, confusion, erratic behavior, extreme drowsiness, or hyperactivity.
3. Stay safe: Drugged drivers may be unpredictable, paranoid, or aggressive depending on the substance.
4. Document behavior: Video the driver if safe to do so. Unusual behavior is evidence.
5. Note any drug paraphernalia: Pill bottles, syringes, pipes, baggies in the vehicle.
6. Find witnesses: Others may have observed erratic driving before the crash.
7. Get the police report number: The report will document officer observations and any drug tests.

After the Scene

8. Seek immediate medical attention: Drugged driving crashes are often severe due to lack of driver response.
9. Request toxicology results: Blood tests showing drug presence are key evidence.
10. Contact an attorney immediately: Drug cases require expert witnesses to explain impairment.
11. Don't accept quick settlements: These cases often involve punitive damages and higher values.

Types of Drugs That Cause Driving Impairment

Illegal Drugs

• Marijuana: Slows reaction time, impairs judgment, affects coordination. Most common drug found in fatal crashes.
• Cocaine/Methamphetamine: Can cause aggressive driving, risk-taking, then sudden crashes when high wears off
• Heroin/Opioids: Extreme drowsiness, nodding off at the wheel, slowed reactions
• MDMA/Ecstasy: Distorted perception, sensitivity to light, poor judgment
• PCP: Hallucinations, extreme unpredictability, violent behavior

Prescription Medications

• Opioid painkillers (OxyContin, Vicodin, Percocet): Drowsiness, slowed reactions, confusion
• Benzodiazepines (Xanax, Valium, Klonopin): Sedation, impaired coordination, confusion
• Sleep aids (Ambien, Lunesta): "Zombie driving"-taking actions while essentially asleep
• Muscle relaxants: Drowsiness, slowed reactions
• Anti-anxiety medications: Sedation, impaired judgment
• ADHD medications: Can cause overconfidence, risk-taking when misused

Over-the-Counter Medications

• Antihistamines (Benadryl, Zyrtec): Significant drowsiness
• Sleep aids (ZzzQuil, Tylenol PM): Sedation
• Cold and flu medications: Many contain sedating ingredients
• Motion sickness drugs (Dramamine): Can cause drowsiness

Poly-Drug Use

Many drugged driving cases involve multiple substances-often drugs combined with alcohol. This combination dramatically increases impairment and is powerful evidence of reckless behavior.

Proving Drug Impairment

Key Difference from Alcohol: Unlike the 0.08% BAC standard for alcohol, there's no legal "limit" for most drugs. Any detectable level of an impairing substance, combined with evidence of impaired driving, can establish liability.

Blood and Urine Testing

• Blood tests: Most accurate method for detecting active drugs in the system
• Urine tests: Can detect drug use but less precise about timing and active impairment
• Hospital toxicology: If the driver was hospitalized, their blood work is evidence

Drug Recognition Expert (DRE) Evaluation

Specially trained officers conduct 12-step evaluations including:

• Pupil size and reaction to light
• Pulse rate and blood pressure
• Muscle tone examination
• Eye movement tests
• Divided attention tests
• Observable signs of specific drug categories

Field Sobriety Tests

• Standard tests (walk-and-turn, one-leg stand)
• Modified tests for drug impairment
• Officer observations of performance

Officer Observations

• Unusual pupil size (dilated or constricted)
• Bloodshot eyes
• Confusion, disorientation
• Slow or rapid speech
• Unusual body movements
• Drug paraphernalia in vehicle

Driving Pattern Evidence

• Erratic lane changes
• Extreme speed variation
• Running red lights or stop signs
• Failure to respond to traffic conditions
• Falling asleep at the wheel

Expert Witness Testimony

We work with toxicologists who can explain:

• How specific drugs affect driving ability
• What blood test results mean
• The connection between drug levels and observed impairment

Prescription Drug Accidents: A Special Category

Important: "I had a prescription" is NOT a defense. Drivers have a legal duty to know how medications affect them and to avoid driving while impaired-even by legally prescribed drugs.

When Prescription Drug Use Creates Liability

• Warning labels ignored: Most impairing medications warn against operating machinery
• Doctor instructions disregarded: Physicians often warn patients not to drive
• Combining with alcohol: Even small amounts of alcohol with prescriptions
• Taking more than prescribed: Exceeding dosage
• Taking someone else's prescription: Illegal use

The "Ambien Defense" Won't Work

Some drivers claim they don't remember driving because of sleep medications. This doesn't excuse liability-taking a medication known to cause "zombie driving" and then getting behind the wheel is negligence.

Evidence in Prescription Drug Cases

• Pharmacy records showing when prescription was filled
• Pill counts showing excessive use
• Doctor instructions and warnings given
• Medication warning labels
• Blood levels showing impairment

Common Injuries from Drugged Driving Accidents

Like drunk drivers, drugged drivers often fail to react to hazards, resulting in high-speed, severe crashes:

Catastrophic Injuries

• Traumatic brain injury (TBI): From high-speed impacts without evasive action
• Spinal cord injury: Paralysis from violent collisions
• Traumatic amputation: In catastrophic crashes
• Severe burns: From vehicle fires

Head and Neck Injuries

• Concussion: Even "mild" TBI has lasting effects
• Whiplash: From high-speed impacts
• Cervical injuries: Fractured vertebrae
• Facial trauma: Fractures, lacerations

Orthopedic Injuries

• Multiple fractures: Arms, legs, ribs, pelvis
• Shoulder injuries: Dislocations, tears
• Knee injuries: Ligament damage
• Hip fractures: From side impacts

Internal Injuries

• Organ damage: Liver, spleen, kidney injuries
• Herniated discs: Throughout the spine
• Back injuries: Vertebral fractures
• Soft tissue damage: Sprains, strains

Compensation Available in Indianapolis Drugged Driving Cases

Compensatory Damages

Economic Damages

• Medical expenses: Emergency care, surgery, hospitalization, rehabilitation
• Future medical care: Lifetime care for catastrophic injuries
• Lost wages: Time missed from work
• Lost earning capacity: If permanently disabled
• Property damage: Vehicle replacement

Non-Economic Damages

• Pain and suffering: Physical pain from injuries
• Emotional distress: PTSD, anxiety, depression
• Loss of enjoyment: Activities you can no longer do
• Loss of consortium: Impact on relationships
• Disfigurement: Permanent scarring

Punitive Damages

Punitive damages may be available when:

• Driver was using illegal drugs
• Driver was abusing prescription medications
• Driver had prior drugged driving incidents
• Driver combined drugs with alcohol

Indiana caps punitive damages at 3x compensatory damages or $50,000, whichever is greater (IC § 34-51-3).

Typical Case Values

• Moderate injuries with recovery: $75,000-$200,000
• Serious injuries requiring surgery: $200,000-$500,000
• Traumatic brain injury: $500,000-$5,000,000+
• Spinal cord injury (paralysis): $1,000,000-$10,000,000+
• Wrongful death: $1,000,000-$5,000,000+

Indiana Law for Drugged Driving Accident Claims

Key Indiana Statutes

• Operating While Intoxicated (IC § 9-30-5): Covers impairment by any substance, not just alcohol.
• Statute of Limitations (IC § 34-11-2-4): 2 years to file a civil lawsuit.
• Punitive Damages (IC § 34-51-3): Available for willful, wanton, or reckless conduct.
• Comparative Fault (IC § 34-51-2-6): You can recover if less than 51% at fault.

No "Legal Limit" for Drugs

Unlike the 0.08% BAC standard for alcohol, Indiana doesn't have a specific "per se" limit for most drugs. However, any amount of a Schedule I or II controlled substance (heroin, cocaine, methamphetamine, etc.) in your blood while driving is illegal.

Marijuana in Indiana

Marijuana remains illegal in Indiana for any purpose. Even if a driver has a medical marijuana card from another state, driving with THC in their system is illegal in Indiana and constitutes negligence.

Criminal vs. Civil Cases

As with drunk driving, your civil lawsuit is separate from any criminal prosecution. You don't need a criminal conviction to win your civil case.

Related Accident Types

• Drunk Driving Accidents
• Drowsy Driving Accidents
• Head-On Collisions
• Hit and Run Accidents
• Wrongful Death

Frequently Asked Questions

Related Practice Areas

Car Accidents
Wrongful Death
Truck Accidents
Types of Injuries

Hit by a Drugged Driver? We'll Hold Them Accountable

Whether illegal drugs or prescription medications-impaired driving is negligence. We fight for maximum compensation.

Call 317-969-8000
Free Case Review

No fee unless we win. Headquarters in Carmel serving Indianapolis, Hamilton County & all of Indiana.