Drugged driving is a growing and often overlooked danger on Kentucky roads. If you’ve been injured by a driver under the influence of drugs, an attorney for impaired driver accidents can help you navigate the legal process and pursue fair compensation. Studies indicate that over 40 percent of drivers who cause fatal car crashes in Kentucky had traces of illegal or impairing substances in their systems. While many of these drivers may not meet the criminal threshold for intoxication, they can still be held legally liable in civil court, which can make a difference for victims seeking compensation.
Criminal vs. Civil Consequences of Impaired Driving
Different courts serve different purposes. Criminal courts exist to hold drivers accountable for breaking DUI and other state laws, while civil courts exist to compensate the victims of accidents caused by impaired drivers. The roles of attorneys in these forums also differ. A criminal defense lawyer works to minimize the consequences of a DUI or drug-related charge. In contrast, a Paducah personal injury lawyer focuses on securing maximum compensation for victims, including economic losses such as medical bills and lost wages, as well as non-economic losses such as pain, suffering, and emotional distress.
Even if a driver is not convicted of DUI, they may still be held civilly liable. Civil claims require a lower burden of proof – known as a preponderance of the evidence, meaning it is more likely than not that the driver’s impairment caused the accident. This makes it possible for victims to recover compensation even when criminal charges are reduced or dismissed.
Common Injuries in Impaired Driver Accidents
Drug impairment often results in reckless, distracted, or negligent driving. The injuries caused in these accidents can be severe and sometimes life-altering. Some of the most common injuries include:
- Traumatic Brain Injuries (TBI): The violent motion of a crash causes the brain to strike the inside of the skull, leading to bruising, bleeding or even permanent brain damage. Because dead brain cells do not regenerate, these injuries can be devasting and are often long-lasting.
- Broken Bones: Seat belts and airbags may not fully protect victims. Limbs can strike dashboards, windows, or other solid surfaces, resulting in broken arms, legs, or ribs. Surgical intervention followed by months of physical therapy may be necessary to restore mobility and strength.
- Internal Injuries: The impact of a crash can jostle internal organs, causing tears or internal bleeding. These injuries are not always immediately apparent but may become life-threatening without prompt medical care.
Kentucky consistently ranks among the states with the highest hospital costs, which can quickly become overwhelming for accident victims. A Murray personal injury lawyer can help victims access quality medical care without requiring upfront payment and may arrange for bills to be paid from settlement proceeds, reducing the financial strain while treatment is ongoing.
DUI Arrests and Negligence Per Se
Accident-related medical bills and other damages must eventually be paid. If the at-fault driver was legally intoxicated, Kentucky law may allow for negligence per se, a legal doctrine that automatically establishes negligence if:
- The driver violated a safety law, such as DUI, and
- That violation substantially caused the victim’s injuries.
Under Kentucky DUI law, it is illegal to operate a vehicle while under the influence of any substance that impairs driving ability. This includes illegal drugs, prescription medications, and even certain over-the-counter medications. While DUI-drug charges sometimes fail in criminal court because the driver is not deemed legally intoxicated, a DUI arrest alone may be enough to support a civil claim. Most Kentucky law enforcement agencies have mandatory arrest policies when a driver exhibits signs of impairment – further strengthening a victim’s case in civil court.
Proving Impairment in Civil Cases
Even if a driver is not formally charged with DUI, a victim can still pursue a standard negligence claim. Every driver owes a duty to operate their vehicle with reasonable care, which includes being mentally and physically fit to drive. Driving while impaired, even partially, is a violation of this duty.
Evidence that an attorney for impaired driver accidents may use includes:
- Physical symptoms: Bloodshot or glassy eyes, slow reflexes, unsteady gait, slurred speech, or other visible signs of impairment.
- Driver statements: Admissions of recent drug use or comments suggesting consumption of impairing substances.
- Drugs or paraphernalia in the vehicle: Pill bottles, illegal substances, or other items suggesting use.
- Prescription records: Active prescriptions for drugs known to impair driving, such as opioids or sedatives.
Individually, these factors may not conclusively prove impairment. However, under the civil standard of the preponderance of evidence, multiple small pieces of evidence can collectively demonstrate that a driver was impaired at the time of the accident. Importantly, impairment does not require full intoxication; even a partial loss of mental or physical faculties may be enough to establish liability. The Kentucky Office of Highway Safety notes, “You can be IMPAIRED by alcohol and other drugs long before you become INTOXICATED or DRUNK”, emphasizing that even mild impairment can be legally significant.
Third-Party Liability and Dram Shop Law
While drivers are primarily responsible for the accidents they cause, there are situations where third parties may also share liability. Kentucky’s dram shop law (KRS 413.241) governs this liability. Although the statute primarily applies to alcohol vendors, its underlying principles may also extend to medical professionals or pharmacists who recklessly provide impairing drugs.
To hold a third party liable, a plaintiff must show that the provision of alcohol or drugs was a proximate cause of the crash. For example, a doctor who illegally prescribes a powerful sedative to a patient known to drive recklessly could potentially face liability if the patient later causes a crash. Similarly, a pharmacist who fills a prescription in violation of regulatory standards may also share responsibility. Because these cases are complex and require careful legal analysis, it’s important to work with a Paducah personal injury lawyer experienced in these types of matters.
Social Host Liability
Under Kentucky law, social hosts are generally not held liable for injuries caused by guests who consume alcohol or drugs in private settings. This rule applies regardless of the guest’s level of intoxication, placing primary responsibility on the driver. The statute reflects the principle that the driver’s consumption, rather than the host’s provision, is the proximate cause of any resulting accident.
Injured by an Impaired Driver? Contact Saladino & Schaaf Today
Kentucky law holds drivers accountable for the damages they cause when operating a vehicle under the influence of drugs or other impairing substances, even if they are not legally intoxicated. If you or a loved one has been injured in a crash caused by a drugged or impaired driver, contact the experienced team at Saladino & Schaaf, PLLC. We offer FREE consultations to discuss your case. Call us at (270) 444-0406 or contact us online to schedule a consultation with a Paducah or Murray personal injury attorney. There are no upfront legal fees – we only get paid if we recover compensation on your behalf.