Chicago Lawyer Handling Drugged Driving Accidents

Representing Victims of Drugged Driving in Chicago

A Chicago drugged driving accident lawyer can help you seek justice if you’ve been injured by a driver under the influence of drugs. In 2023 alone, Chicago saw 55 crashes involving drug-impaired drivers, resulting in 22 injuries—a serious threat to road safety.

If you were hurt in one of these accidents, you may be entitled to compensation. Victims of these crashes often face steep medical bills, time off work, and long-term trauma. At Rosenfeld Injury Law, we’ve recovered millions for people hurt by negligent drivers, including those impaired by drugs. Here are just a few of our recent results:

• $4,000,000 – Fatal work-related crash; wrongful death settlement for the family of a passenger.
• $3,200,000 – Crosswalk crash; disabled man suffered severe orthopedic injuries.
• $2,000,000 – Full policy limit for rollover accident injuries.
• $1,600,000 – Rear-end collision; client underwent lumbar fusion surgery.

What Constitutes Drugged Driving?

Under Illinois law, drugged driving (or drug-impaired driving) means operating a motor vehicle while under the influence of any intoxicating compound, whether legal or illegal. This includes prescription drugs, over-the-counter medications, and illicit drugs that impair your ability to drive safely.

The key statute is 625 ILCS 5/11-501(a), which makes it illegal to drive under the influence of:

• Any drug or combination of drugs that impairs driving ability
• Any controlled substance (e.g., cannabis, opioids)
• An intoxicating compound, as defined in the Use of Intoxicating Compounds Act

Unlike alcohol, where a 0.08% BAC threshold applies, drugged driving has no clear numerical limit — law enforcement and courts focus on impairment and driver behavior.

Why Substance Abuse Creates a Higher Risk for Accidents

According to the Mental Health Services Administration and the National Institute on Drug Abuse, drug-impaired drivers are more likely to cause car accidents due to how various substances affect cognitive functions and physical coordination. Even prescription drugs can have negative effects on:

• Maintaining lane position
• Responding to emergency driving situations
• Judging time, speed, and distance
• Maintaining divided attention
• Tracking moving objects

Common effects of drug impairment include:

• Slowed reaction time
• Drowsiness and confusion
• Blurred vision or dizziness
• Poor decision-making or impaired judgment
• Aggressive or reckless behavior (especially with stimulants)

The National Highway Traffic Safety Administration (NHTSA) reports that drivers under the influence of drugs—even in small amounts—show measurable impairment in key safety functions like braking time, lane tracking, and steering.

Common Injuries in Drugged Driving Accidents

Because drivers testing positive for drugs often lose control of their vehicles, the resulting crashes can be violent and cause devastating injuries. Victims frequently suffer from:

• Whiplash and soft tissue damage
• Broken bones, especially in the legs, arms, or ribs
• Traumatic brain injuries (TBI)
• Spinal cord damage
• Facial trauma from airbag deployment or shattered glass
• Psychological injuries, including PTSD or driving anxiety

In some cases, victims require multiple surgeries, rehabilitation, or lifelong care. These injuries are more than just physical; they impact your ability to work, maintain relationships, and enjoy daily life. That’s why securing full and fair compensation matters.

Common Drugs Involved in Traffic Accidents

Many drugged driving crashes involve one or more of the following substances:

• Marijuana (Cannabis): Now legal in Illinois, cannabis can impair reaction time and other cognitive functions, as well as reduce motor coordination. Per 625 ILCS 5/11-501.2, a driver may be considered impaired even if the THC concentration is below the legal threshold, depending on observed behavior.
• Prescription Drugs: Includes opioids, benzodiazepines (e.g., Xanax, Valium), muscle relaxants, and sleep aids. These drugs are known to impair awareness and are a leading cause of drowsiness, particularly when combined with drinking alcohol. Warning labels typically advise against driving or operating machinery.
• Over-the-Counter Medications: Even non-prescription allergy medications or cold remedies can impair driving. Drivers are responsible for understanding how these drugs affect them before getting behind the wheel.
• Stimulants and Illicit Drugs: Substances like cocaine, methamphetamine, or synthetic drugs (e.g., bath salts) can cause aggressive or high-speed driving, poor risk perception, and difficulty steering — all of which increase the risk of crashes.

The Dangers of Mixing Drugs or Using Drugs with Alcohol

Combining two or more drugs, or using drugs with alcohol, often leads to amplified impairment. This practice, referred to as poly-drug use, is particularly dangerous because of how substances interact. For example:

• Alcohol and marijuana intensify each other’s effects
• Opioids and benzodiazepines drastically slow reflexes and increase sedation
• Stimulants and depressants create unpredictable physical and mental responses

Drivers under the influence of mixed substances are far more likely to be involved in motor vehicle crashes that cause serious injuries or death. According to the City of Chicago Crash Report for 2023, there were 40 crashes involving drivers impaired by both alcohol and drugs, resulting in 2 fatal crashes and 17 injuries.

Proving Negligence vs. Impairment in a Drugged Driving Car Accident Case

One of the most common questions after a crash is whether proving drug use is necessary to win your case. In civil lawsuits, the answer is usually no.

To recover compensation, your attorney must show that the driver was negligent, not necessarily that they were “legally impaired.” That means proving the driver’s actions were careless, unreasonable, or violated traffic laws, and that those actions caused your car accident.

Drug tests can help support your claim, but they aren’t always available or conclusive. Unlike alcohol, most drugs don’t have roadside testing standards. Blood or urine tests may not reflect current impairment.

However, evidence of negligent behavior, such as swerving, speeding, running a red light, or rear-ending another vehicle, can establish liability without needing a confirmed drug test. This is different from criminal DUI cases, where prosecutors must prove actual drug impairment beyond a reasonable doubt.

Your Legal Rights After Being Hit by a Drugged Driver in Chicago

Under Illinois tort law, victims injured by negligent drivers have the right to file a claim for damages. If the drugged driver is charged criminally under 625 ILCS 5/11-501, this may support your civil case, but a criminal conviction is not required to recover compensation.

If the driver flees or is uninsured, your own uninsured motorist coverage under 625 ILCS 5/143a may provide recovery.

Compensation Available for Victims of Drugged Driving

If you’ve been hurt due to a designated driver under the influence of drugs, you may be entitled to compensation for:

• Medical expenses (current and future treatment, rehab, surgeries, prescriptions)
• Lost wages and reduced earning capacity if you’re unable to work
• Property damage to your car or personal belongings
• Pain and suffering from physical injuries and emotional distress
• Disfigurement, disability, or long-term health issues
• Loss of enjoyment of life and disruptions to your daily routine

A skilled Chicago car accident lawyer can help calculate the full scope of damages based on medical records, lost wages, and expert evaluations.

Challenges in Drugged Driving Accident Claims

Proving fault in drugged driving car crashes comes with specific legal and factual challenges:

• Drug tests may not indicate current impairment
• Some drugs (like cannabis) remain in the system long after the effects subside
• Police reports may lack detailed drug observations
• Insurance companies may argue that the drug use didn’t cause the crash

These obstacles make it essential to hire a lawyer who understands how to establish liability even when direct drug evidence is limited.

How a Chicago Car Accident Lawyer Can Help Your Drugged Driving Case

Drugged driving crashes often lead to serious injuries and complex legal battles. Insurance companies may try to minimize your claim or deny liability altogether, especially if there’s uncertainty about the other driver’s impairment. That’s why having a knowledgeable Chicago car accident lawyer can make all the difference in your recovery.

Here’s how our legal team supports victims of drugged driving crashes:

• Investigation: We gather all relevant evidence, including crash reports, medical records, witness statements, and any available toxicology or arrest data.
• Identifying negligence: Even without a confirmed drug test, we build a case around the driver’s actions — erratic behavior, running stop signs, or rear-ending your car — to prove negligence.
• Insurance negotiations: Our attorneys deal directly with the insurance company so you don’t have to. We protect you from lowball offers and tactics that downplay your injuries.
• Calculating damages: We assess your full losses — not just your medical bills, but also future care needs, emotional suffering, and missed work.
• Litigation support: If the at-fault party won’t settle fairly, we’re fully prepared to take your case to court and present your case before a judge or jury.

We’ve handled thousands of auto accident claims in Cook County and throughout Illinois — and we’re ready to do the same for you.

Consult a Chicago Drugged Driving Accident Attorney Near You!

If you or a loved one has been injured in a drugged driving crash in Chicago, Rosenfeld Injury Law is here to help.

Our Chicago personal injury attorney team offers a free consultation to discuss your case, your injuries, and your options. We operate on a contingency fee basis, so you pay nothing unless we win for you. Call our legal team at (888) 424-5757 or fill out our online form to take legal action today.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.