When people take prescription drugs and drive, they probably do not think that they are doing anything wrong. The truth is many prescription drugs can heavily distort a person’s judgement and reflexes and inhibit their ability to drive.  This increases the chance of them causing an auto accident while they are driving on Mississippi roadways.  Most people are very aware of the danger of accidents posed by drunk drivers but do not give much thought to the high numbers of car accidents caused by drivers who commit DUI while under the influence of drugs (called “DUI drugs” or DUID).

If a driver is in an accident and police believe the driver is impaired, they may request the driver take a breath test.  If the driver’s blood alcohol level (BAC) is below 0.5%, the police may ask that the driver take a blood test assuming that the driver did not test with a higher BAC because he or she is impaired by drugs that do not show up in a breath test.  Someone who is under the influence of drugs, whether illegal narcotics or prescription drugs poses a significant risk of causing a serious car accident.  Depending on the drug, the driver may suffer any of the following:

• Impaired judgment
• Distorted vision
• Sleepiness
• Inhibited motor skills
• Ineffective decision-making
• Slowed reaction time

While it is easy for a driver who is using drugs to cause a car accident, these cases pose special challenges to Mississippi car accident victims.  Unlike drunk driving cases, there is no “per se” type offense where a person is considered impaired based on a certain amount of the substance in one’s system.  A drunk driver is deemed to be impaired if the driver’s blood alcohol is .08 percent or above.  A DUI accident caused by intoxication with drugs requires providing evidence that the driver was actually driving unsafely as evidence of impairment, or the use of expert testimony regarding what the impact would be of the amount of a particular substance in a driver’s blood.  Generally, the fact the driver was in an accident may provide evidence of impaired driving but the point is that there is no specific amount of a substance in a driver’s system that automatically indicates the driver was impaired.

Another major challenge in proving drug impairment as the cause of a Mississippi car accident is the length of time drugs remain in the body.  A breath test will not detect drugs so a blood or urine test must be used.  The problem is that many drugs remain in the body for weeks or months after they have been ingested.  The attorney for the other driver’s insurance company may contend that the blood test results simply reveal prior drug use not intoxication at the time of the accident.

Where the drug that caused the accident is a prescription, the challenges can be compounded.  The injury victim faces the same issues in trying to prove that enough of the drug was present in the driver’s system to impact his or her driving.  The driver may claim that no warning was received or understood about the medication making it unsafe to drive.  This claim can be refuted by evidence that the bottle carried a warning that it was not safe to drive while taking the medication.

Despite these challenges in proving the negligence of a driver who is under the influence of drugs, you may be entitled to not only compensatory damages but also punitive damages if you prevail.  It is not uncommon for a jury to punish a driver who causes serious injury or wrongful death by operating a motor vehicle under the influence of a prescription or illegal drug.

If you have been injured in an auto accident involving a drug-impaired driver, then you should contact a Mississippi car accident attorney to discuss your right to compensation for your injuries.  We have been representing Mississippi car accident victims for over 75 years.  Our law firm offers a free initial case evaluation so call us today at (662) 834-2376.