Motor vehicle collisions are distressing under any circumstances, but when it becomes clear that the at-fault driver was under the influence of drugs, rather than alcohol, many victims are left wondering: does the same legal standard apply? Can a driver who is high on cannabis or impaired by narcotics still be held liable for damages?
The short answer is yes. Under Florida law, impairment by any substance (alcohol, illegal drugs, or prescription medication) can establish liability for damages in a personal injury case. However, there are important legal nuances to understand if you suspect the other driver was intoxicated on drugs rather than alcohol.
Florida Statute § 316.193 defines driving under the influence (DUI) to include impairment by alcohol, controlled substances, or chemical substances. A person is guilty of DUI if they are operating a vehicle while impaired to the extent that their normal faculties are affected.
In other words, alcohol is not the only substance that can lead to criminal and civil consequences. Drivers who are impaired by marijuana, opioids, benzodiazepines, methamphetamines, or any other drug—whether legal or illicit—are subject to the same scrutiny under the law.
If an impaired driver causes an accident, and their impairment is a contributing factor, they may be found negligent per se, meaning that their violation of the law is enough to establish civil liability.
Unlike alcohol, which can be tested relatively easily via breathalyzer, drug impairment is often more difficult to confirm at the scene. However, there are observable behaviors and physical signs that may indicate drug intoxication:
These signs, while not conclusive on their own, can support a law enforcement officer’s decision to conduct further testing or bring in a Drug Recognition Expert (DRE) to evaluate the driver.
If you are involved in an accident and believe the other driver is under the influence of drugs:
In a word, yes. An impaired driver who causes an accident can be held financially responsible for injuries and damages under Florida’s personal injury laws. Furthermore, if drug impairment can be established, it may allow for the pursuit of punitive damages, which are intended to punish particularly reckless behavior and deter similar conduct in the future.
It is important to note that even if criminal charges are not filed, or if the driver is not convicted, civil liability may still be established through a personal injury claim. The standard of proof in civil court, preponderance of the evidence, is lower than the beyond a reasonable doubt standard in criminal cases.
Drug-impaired driving cases are not always straightforward. Proving impairment often requires coordination with law enforcement, access to medical or toxicological records, and, in some cases, expert testimony. At Aronberg & Aronberg, we have the resources and experience to investigate thoroughly, build a compelling case, and advocate for your full recovery under Florida law.
If you or a loved one has been injured by a driver who appeared to be under the influence of drugs, contact us today. We are here to ensure that your rights are protected and that those responsible are held accountable.
