Kaufman & Stigger, PLLC helps people that are injured in car accidents that are caused by impaired drivers in Kentucky. Over the years, DWI law has been built around alcohol. But in recent years, it’s been expanded to cover any illegal substance—especially prescription drugs. Our team can guide you through the claims process from start to finish. Set up a free consultation today.
Why Would I Need a Lawyer?
Accidents caused by drivers on illegal drugs don’t always come with clean answers. You might suspect that the driver is on drugs at the time, but there’s not an immediate test like there is for alcohol. That gives the insurance company a little wiggle room to say the accident was just a mistake, distraction, or bad timing.
On top of everything else you’re dealing with, this can make the situation more complicated, and that’s when you need the right help. Our Kentucky car accident lawyers can:
- Help you understand your options early on—before deadlines pass or decisions are made that are hard to undo later.
- Look closely at the police report, witness statements, and medical records
- Deal directly with the insurance company so you’re not stuck trying to explain what happened while you’re still dealing with injuries and medical appointments.
You’re not legally required to get a lawyer, but again, that doesn’t mean you don’t need one. Whenever there’s anything that complicates things, you usually need more extensive help. But you’re not powerless.
What Evidence Should I Look For After One of These Accidents?
One of the complicated things about a car accident that’s caused by someone who’s on illegal drugs is that evidence doesn’t usually come in one neat package. Rather, it’s a collection of small details that matter more when they’re put together. So with that, here’s what you should look for after your accident:
- The police report. Even if no arrest was made, officers often document signs of impairment—confusion, slurred speech, delayed responses, or drug paraphernalia found at the scene.
- Witness statements. Other drivers, passengers, or bystanders may have noticed erratic driving, strange behavior, or something that didn’t seem right before or after the accident.
- Photos or videos from the scene. Damage to the vehicles, skid marks, road conditions, and the position of the cars can all help show how the accident happened.
- Dash cam or body cam footage. In some cases, this footage captures the driver’s behavior or statements in a way that written reports don’t.
- Medical records. Your medical records document your injuries and help show how serious the impact was.
- Your own notes. Write down what you remember as soon as you can. How the other driver acted. What they said. How you felt physically and emotionally afterward. Those details fade faster than people expect.
Remember, you don’t need to try to get this all on your own. Your main focus should be on your health and safety first. But even when the details are seemingly clear about what happened, the evidence you’re able to get is going to be the backbone of your claim.
Where Do Accidents by Drivers Impaired by Illegal Drugs Happen in Kentucky?
Car accidents where the other driver is impaired by illegal drugs don’t happen in one particular place. They happen all over Kentucky, at all different times. Access to illegal drugs is a huge factor, but they tend to happen in a few common places like:
- City and town streets, especially at night or on weekends
- Rural backroads where there isn’t a lot of police presence
- Interstates where speed magnifies mistakes
- Poorly lit roads where reaction time matters even more
Illegal drug impairment affects judgment and focus no matter where a driver is. The setting might change, but the risk to everyone else on the road stays the same. However, when you’re the one that’s injured, it becomes more personal.
How Do I Get Damages in an Accident Claim When the Other Driver Is Impaired by Illegal Drugs?
Even when illegal drugs are involved, the claims process works the same as any other car accident in Kentucky. It’s about getting help for what you’ve lost—which the law calls your “damages.”
To get them, you have to either file:
- An insurance claim outside of court.
- A personal injury lawsuit in civil court.
If the insurance company refuses to take responsibility or won’t be reasonable, filing a lawsuit may be the only way to move the case forward. That doesn’t mean the case automatically goes to trial. It means the facts get examined more closely and the pressure stays on. Again, though, the goal is to recover financial help for:
- Medical bills you’re dealing with now and may face later
- Income you’ve already lost and income you may lose in the future
- Repair or replacement of your vehicle and other property
- Physical pain and long-term limitations
- Emotional stress and mental strain
- Changes to your daily life and routine
- Wrongful death expenses in fatal accidents
- Punitive damages in cases involving extreme recklessness
Every situation is different, and your damages are going to be specific to your accident. Also, you have to remember that you only have two years from the date of the accident to file. If you miss it, you can’t get damages at all—no matter how strong your claim is or even how clear cut the other person’s responsibility is.
Who Pays for My Damages When the Other Driver Is Impaired by Illegal Drugs?
Unsurprisingly, the person that has to pay for your damages in these types of claims is the driver that’s impaired by illegal drugs. That doesn’t mean your damages are automatic, though. Ultimately, you’re going to go up against an insurance company, and they’re going to try to do anything they can to downplay what happened and what they have to pay out.
But there’s something crucial here—it’s not always the other driver who’s solely responsible. Anyone else that contributed to the accident can share some of the responsibility, depending on the circumstances. Usually, this can bring in:
- A friend who was there while drugs were being used and still let them drive
- A roommate or family member who knew the driver wasn’t in any shape to be on the road
- Anyone who handed over keys knowing the driver shouldn’t be driving at all
- Someone who provided illegal drugs knowing the person planned to get behind the wheel
- A business that looked the other way despite clear signs of impairment and let the person drive off
- A company that failed to enforce basic safety rules meant to keep impaired drivers off the road
In the vast majority of these kinds of accidents, you’re going to have the other driver be responsible for paying for your damages. But if others are involved, it increases the sources of potential damages. That can add complexity to your claim, but one way or the other, our team will be there to help you.
Getting Help After an Accident Caused by an Illegal Drug-Impaired Driver in Kentucky
On paper, an accident caused by illegal drug impairment may look like any other car accident. In real life, these cases are often harder to sort out and more stressful for the people involved.
If you were hurt by a driver impaired by illegal drugs, getting clear guidance early can help you understand your options and avoid missteps that are difficult to fix later. The Kentucky car accident lawyers at Kaufman & Stigger, PLLC can walk you through what comes next, answer your questions, and help you decide what makes sense for your situation.
