Illinois Drugged Driving Accident Lawyers

Award-Winning Attorneys for Crash Victims With Drivers Under the Influence of Marijuana, Cocaine, Meth, and Ecstasy

Drugged and drug-impaired driving is an increasingly visible and dangerous problem on Illinois roads. As more people use prescription medications, illicit drugs, and legalized cannabis, detecting impairment and measuring its contribution to crashes has grown more complicated, but the consequences are clear: impaired drivers cause serious car accidents, injuries, and deaths.

At John J. Malm & Associates, we represent victims and families throughout Illinois who have been injured or lost loved ones because of impaired drivers. Our firm is recognized for its dedication to helping clients recover the compensation they deserve after devastating motor vehicle crashes caused by drivers under the influence of drugs or alcohol. With offices in Naperville and St. Charles, our experienced Illinois car accident attorneys have successfully handled countless complex personal injury and wrongful death claims involving high drivers. We understand the immense physical, emotional, and financial toll these preventable accidents can cause and we are committed to holding negligent drivers accountable for their reckless actions. When you work with our team, you gain the support of proven trial lawyers who will fight for you every step of the way.

“Drug-impaired driving is a complex mix of medicine, toxicology, and human behavior. When a crash involves suspected drug impairment, the evidence can be buried in lab reports, vehicle data, and witness statements. At John J. Malm & Associates, we piece those elements together, quickly and carefully, to prove what happened and to hold negligent drivers accountable for the harm they caused.” — John J. Malm, Attorney, Naperville car accident attorney

What is “Drugged” or “Drug-Impaired” Driving?

Drugged driving refers to operating a vehicle while impaired by legal or illegal substances, including marijuana, prescription medications, over-the-counter drugs, or illicit narcotics. Unlike alcohol-impaired driving, where breathalyzers and blood alcohol concentration (BAC) tests can provide a clear measure of impairment, drug impairment is far more complex to detect and prove.

According to the Illinois Department of Transportation (IDOT), there were over 20,000 arrests for driving under the influence (DUI) in Illinois in recent years, and approximately 25% of these involved drug impairment rather than alcohol alone. The National Highway Traffic Safety Administration (NHTSA) reports that 56% of drivers involved in serious injury or fatal crashes tested positive for one or more drugs in their system.

These numbers are alarming, especially as drug use, including marijuana following legalization in Illinois, becomes more prevalent. While recreational marijuana is legal for adults over 21, it remains illegal to drive under the influence of cannabis or any other drug that impairs a driver’s ability to safely operate a vehicle.

Common Drugs Involved in Impaired Driving

Drug-impaired driving can be caused by a wide range of substances, including:

• Marijuana (THC): Slows reaction time, impairs judgment, and decreases coordination.
• Prescription Medications: Such as opioids, benzodiazepines, and sleep aids, which can cause drowsiness or confusion.
• Illicit Drugs: Cocaine, methamphetamine, and heroin can lead to extreme risk-taking behavior and erratic driving.
• Over-the-Counter Drugs: Even common cold or allergy medications containing antihistamines can cause drowsiness and slowed responses.

According to the Governors Highway Safety Association (GHSA), 44% of drivers killed in motor vehicle crashes in 2022 tested positive for drugs, and marijuana was the most commonly detected substance. The presence of multiple drugs or a combination of drugs and alcohol further increases the risk of catastrophic crashes.

How Drugged Driving Causes Serious and Fatal Crashes

Drug impairment affects several key functions necessary for safe driving:

• Reduced reaction time: Drivers under the influence often fail to respond quickly to sudden traffic changes.
• Impaired judgment: Drugs can distort perception and increase risky behaviors such as speeding or tailgating.
• Decreased coordination: Motor control is compromised, making it difficult to steer, brake, or maintain lane position.
• Drowsiness or blackouts: Certain substances can cause extreme fatigue or unconsciousness while driving.

The Centers for Disease Control and Prevention (CDC) reports that drivers under the influence of drugs are three to four times more likely to be involved in crashes compared to sober drivers. In Illinois, IDOT data indicates that drug-impaired driving contributed to nearly 30% of fatal DUI crashes in recent years.

Typical Drugged Driving Crash Patterns

• Night and weekend peaks: drug-involved fatal crashes are more likely to occur at night and on weekends, mirroring patterns seen with alcohol.
• Younger drivers overrepresented: younger adult drivers are disproportionately represented among drug-positive crash samples in many studies.
• Polysubstance severity: crashes involving multiple substances tend to produce more severe injuries and higher hospital costs than single-substance crashes. Linked crash-hospital data studies in Illinois show higher hospital charges and worse outcomes in polysubstance cases.

Proving a Driver Was High at the Time of the Crash

Proving that a driver was high or drug-impaired during a crash can be more complex than proving alcohol intoxication. Unlike alcohol, drug metabolites can remain in the bloodstream long after the impairing effects have worn off, which makes it essential to collect and preserve the right type of evidence.

The Illinois car accident attorneys at John J. Malm & Associates work closely with experts to build strong cases showing that a driver’s drug use directly caused or contributed to the collision. Key evidence includes:

1. Police Reports and Officer Observations

Law enforcement officers trained as Drug Recognition Experts (DREs) can evaluate physical and behavioral signs of drug use, such as:

• Bloodshot or dilated pupils
• Slurred speech
• Slow responses or confusion
• Paraphernalia or open containers in the vehicle
• Erratic or delayed driving behavior

2. Toxicology Tests

Blood or urine tests can confirm the presence of drugs, including THC, opioids, or stimulants. In Illinois, 625 ILCS 5/11-501 prohibits operating a vehicle with any amount of a controlled substance in one’s system, though marijuana laws are more nuanced, allowing up to 5 nanograms of THC per milliliter of blood for drivers aged 21 and older.

3. Witness Testimony

Eyewitnesses may testify to erratic driving, weaving, or slow reactions consistent with impairment.

4. Surveillance and Dashcam Footage

Video footage from traffic cameras, businesses, or other vehicles can document unsafe driving patterns.

5. Expert Testimony

Toxicologists and accident reconstruction experts can analyze the evidence to link drug use to the crash’s cause and timing.

Even with Illinois’ legalization of recreational marijuana, driving under the influence remains a crime. Proving a driver was high at the time of the crash requires a combination of scientific evidence and professional interpretation and an experienced attorney can ensure this evidence is preserved and properly presented in a personal injury claim.

Injuries Commonly Sustained in Drugged Driving Accidents

Drug-impaired driving accidents are often high-impact crashes due to the delayed reactions and reckless behavior of impaired drivers. Victims frequently suffer severe, life-changing injuries, including:

• Traumatic brain injuries (TBI)
• Spinal cord injuries and paralysis
• Broken or crushed bones
• Internal bleeding or organ damage
• Soft tissue injuries
• Facial and dental injuries
• Wrongful death

These injuries may require extensive hospitalization, surgeries, rehabilitation, and long-term care. Victims are often left with permanent disabilities or chronic pain that affect their ability to work and enjoy life.

Seeking Compensation After a Drugged Driving Crash

Victims of drug-impaired drivers in Illinois have the right to pursue compensation for their losses through a personal injury or wrongful death claim. Damages may include:

• Medical expenses (past and future)
• Lost wages and loss of earning capacity
• Pain and suffering
• Emotional distress
• Property damage
• Loss of companionship or consortium in wrongful death cases

At John J. Malm & Associates, our attorneys conduct a comprehensive investigation to determine liability, gather expert testimony, and pursue full compensation from all responsible parties, including the impaired driver and, in some cases, negligent third parties such as bars or employers.

Illinois Laws on Drugged and Drug-Impaired Driving

Illinois law takes drugged driving seriously. Under 625 ILCS 5/11-501(a), a driver may be charged with DUI if they operate a vehicle while:

• Under the influence of any intoxicating compound or drug;
• Using a combination of drugs that renders them incapable of safely driving; or
• Having any amount of a controlled substance in their blood, urine, or saliva.

The penalties for drug-impaired driving are severe and may include fines, license suspension, mandatory drug education, and even imprisonment. For victims, a criminal conviction can provide valuable evidence in a related civil claim.

What To Do After a Car Accident You Believe Involved a High or Drugged Driver

• Call 911 and get medical help first. Your health and safety come first. Seek treatment and make sure injuries are documented.
• Preserve evidence: photographs of scene and vehicles, witness names and contact info, dashcam or surveillance footage, and any obvious indicia of impairment (open containers, drug paraphernalia) can be crucial.
• Request police crash report and testing information: if the other driver was suspected of impairment, obtain the official crash report and any toxicology or breath/blood testing results when available.
• Preserve medical records and bills: injuries from impaired-driver crashes often produce significant medical expenses and lost income claims. Save records, receipts, and employer documentation about missed work.
• Do not speak to insurers without counsel: insurance adjusters may seek statements or try to record conversations. Consult an experienced Illinois drugged driving accident attorney before giving recorded statements.
• Consider an attorney who understands toxicology and EDR data: complicated cases may require experts (toxicologists, accident reconstructionists, software/EDR analysts) to reconstruct impairment and vehicle behavior. Experienced counsel will know when to deploy those resources.

Liability After an Accident with a High Driver

Victims of drugged-driver crashes typically pursue negligence or wrongful-death claims against the impaired driver. Recoverable damages commonly include medical expenses, lost wages, future care costs, pain and suffering, and in some cases, punitive damages where egregious conduct (e.g., knowingly driving highly intoxicated) justifies them. Evidence of impairment, toxicology results, EDR data, and witness testimony are often critical to proving negligence and damages.

Frequently Asked Questions about Accidents with Drivers Who are High

Q: Can I file a claim if the driver was using legal marijuana?

A: Yes. Even though recreational marijuana is legal in Illinois, it is illegal to drive while impaired. If the other driver’s marijuana use caused or contributed to the crash, you may have a strong personal injury claim.

Q: How can I prove the driver was high or drug-impaired?

A: Proof can come from police observations, toxicology results, and expert analysis. An attorney can help secure this evidence quickly before it’s lost or destroyed.

Q: What if the driver was under the influence of prescription medication?

A: Drivers can still be liable if a prescription medication caused impairment. Even legally prescribed drugs can make someone unsafe to drive.

Q: Does insurance cover accidents caused by drugged drivers?

A: Yes, though insurance companies often attempt to minimize payouts. A skilled attorney can negotiate aggressively or pursue litigation if necessary.

Contact the Top-Rated Illinois Drugged Driving Accident Attorneys at John J. Malm & Associates

If you or someone you love has been injured in a car accident caused by a drug-impaired driver, you do not have to face the aftermath alone. Drugged driving cases can be complex, involving both criminal and civil legal issues, but our team of dedicated Illinois car accident lawyers at John J. Malm & Associates has the experience and determination to uncover the truth and seek full compensation for your losses. We work tirelessly to hold negligent and reckless drivers accountable and to ensure that victims and their families receive the justice they deserve.

Let our firm help you navigate this difficult time. Contact John J. Malm & Associates today for a free, confidential consultation. We’ll listen to your story, explain your legal options, and fight to secure the compensation you need to move forward with your life.