Drugged Driving Accident Attorney in San Diego, CA


Drugged Driving


Get compensation and justice served for your drugged driving accident


Are you a victim of a drugged driving accident in San Diego, CA? The consequences of such accidents can be devastating, causing severe injuries and financial hardships. If you are in this unfortunate situation, you need the guidance and support of an experienced drugged driving accident attorney in San Diego, CA. 

At the Benner Law Firm, we understand the complexities of these cases and have a proven track record of helping accident victims recover the compensation they deserve. With our extensive knowledge and unwavering commitment to justice, we are here to fight for your rights and hold the responsible parties accountable. Contact us today for a free strategy session and take the first step toward obtaining the justice you deserve.

What is a Drugged Driving Accident?



A drugged driving accident is a collision or incident involving a motor vehicle where drugs impaired the driver at the time of the incident. It occurs when an individual operates a vehicle while under the influence of illegal drugs, prescription medications, or over-the-counter drugs, impairing their ability to drive safely. 

Like drunk driving accidents, drugged driving accidents pose a significant risk to everyone on the road, including pedestrians and other drivers. The impaired driver’s reduced reaction time, poor judgment, and diminished motor skills can lead to devastating accidents, resulting in serious injuries or even fatalities.

Drugged Driving Statistics in California

In California, drugged driving has become a growing concern, with alarming statistics highlighting the severity of the issue. According to data from 2018, a staggering 42% of all drivers killed in motor vehicle crashes tested positive for legal and illegal drugs. This unsettling percentage has been rising consistently, indicating a pressing need for action.

Recognizing the gravity of the situation, the Office of Traffic Safety, in collaboration with various stakeholders, including law enforcement agencies, state and federal entities, pharmaceutical and cannabis industry associations, and dedicated organizations and advocates across the state, aims to raise awareness among the California public regarding the dangers associated with drugged driving.

By bringing attention to the perils of drugged driving, the goal is to reduce the number of injuries and fatalities occurring on our roadways. All Californians must understand the risks involved when individuals get behind the wheel while under the influence of drugs, whether legal or illegal.

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What are the Common Drugs and Their Effects on Driving Performance?


Understanding the effects of various drugs on driving performance is crucial in recognizing the dangers of drugged driving. Different substances can significantly impact an individual’s ability to operate a vehicle safely. Let’s explore some common drugs and their specific effects:

  • Marijuana: The use of marijuana can have impairing effects on driving. It slows reaction time, decreases coordination and alertness, and impairs the ability to judge time and distance accurately. These effects can increase the risk of accidents and make it challenging to navigate the road safely.
  • Methamphetamine and Cocaine: Stimulant drugs like methamphetamine and cocaine can lead to aggressive and reckless driving behaviors. These substances can heighten aggression, increase risk-taking tendencies, and decrease inhibitions. As a result, drivers under the influence of these drugs may exhibit erratic and dangerous driving patterns.
  • Opioids: Opioid drugs, including prescription painkillers and illicit substances like heroin, can cause significant impairment while driving. Opioids often induce drowsiness and dizziness, impacting a driver’s alertness and reaction time. Additionally, opioids impair thinking and judgment, diminishing the ability to make sound decisions on the road.
  • Sedatives: Sedative drugs such as benzodiazepines or barbiturates can severely affect driving performance. These substances decrease alertness and cause dizziness and drowsiness, which can lead to an increased risk of accidents. Sedatives impair cognitive function and can make it challenging to maintain focus and attention while operating a vehicle.
  • Over-the-counter Medications: Even certain over-the-counter drugs can impair driving abilities. Antihistamines, antidiarrheals, and anti-emetics, commonly used for allergies, diarrhea, and nausea, can cause drowsiness, decreased alertness, and slow reaction time. It is essential to read labels carefully and know the potential side effects before getting behind the wheel.

What are the Common Injuries Caused By Drugged Driving Accidents in CA?


In California, drugged driving accidents can result in a wide range of injuries, varying in severity depending on the circumstances of the collision. These accidents can devastate the individuals involved, leading to physical, emotional, and financial hardships. Some common injuries caused by drugged driving accidents in California include:

  • Traumatic Brain Injuries (TBIs): A drugged driving accident can result in severe head trauma, leading to traumatic brain injuries. TBIs range from mild concussions to severe cases involving brain hemorrhage or permanent cognitive impairments.
  • Spinal Cord Injuries: The force and impact of a drugged driving accident can cause damage to the spinal cord, resulting in partial or complete paralysis. Spinal cord injuries can have long-lasting effects on an individual’s mobility and quality of life.
  • Broken Bones and Fractures: The violent nature of drugged driving accidents can lead to fractures and broken bones throughout the body. Typical areas of injury include the limbs, ribs, collarbones, and pelvis.
  • Soft Tissue Injuries: Whiplash, strains, sprains, and other soft tissue injuries are common in drugged driving accidents. These injuries can cause pain and limited mobility and require extensive rehabilitation and physical therapy.
  • Internal Injuries: The impact of a drugged driving accident can cause internal injuries such as organ damage, internal bleeding, or punctured organs. These injuries may require immediate medical intervention and surgical procedures.
  • Burns and Lacerations: Victims may sustain burn injuries if a drugged driving accident involves a fire or explosion. Additionally, shattered glass or debris from the accident can cause deep cuts and lacerations.
  • Emotional Trauma and Psychological Injuries: Drugged driving accidents can have long-lasting emotional effects on victims. Post-traumatic stress disorder (PTSD), anxiety, depression, and other psychological injuries can result from the traumatic experience of the accident.

What Damages Can I Seek in a Drug-Impaired Driver Lawsuit?


When pursuing a lawsuit against a drug-impaired driver, there are various damages you can seek to compensate for the losses you have incurred. Some of the common damages include:

  • Hospitalization Costs: This includes the expenses associated with your hospital stays, such as room charges, medical procedures, diagnostic tests, and medications administered during your treatment.
  • Cost of Surgery and Medical Procedures: If you require surgery or other specialized medical procedures due to the accident, you can seek compensation for the costs associated with these treatments.
  • Physical Therapy and Rehabilitation Costs: If your injuries require physical therapy or other forms of rehabilitation, you can claim the expenses related to these sessions, including the fees for therapists and the cost of necessary equipment.
  • Cosmetic Surgery Costs: In cases where the accident has caused disfigurement and scarring, you may be entitled to compensation for cosmetic surgery expenses to restore your appearance.
  • Prescription Drug Costs: If you have been prescribed medications as part of your recovery, the expenses incurred for obtaining these prescription drugs can be included in your claim.
  • Medical Equipment and Assistive Devices: If you require medical equipment or assistive devices, such as crutches, wheelchairs, or prosthetic limbs, you can seek compensation for the costs associated with purchasing or renting these items.
  • In-Home Services: Even if not strictly medical, expenses for in-home services required due to your injuries, such as personal care assistance or housekeeping, can be included in your claim.

Additionally, your personal injury attorney from the Benner Law Firm can help you recover lost income from your injuries. Suppose your injuries are severe, causing you to miss work for an extended period or resulting in permanent disability. In that case, we can assess the impact on your earning capacity and seek compensation for both current and future lost income.

We will work with you to determine the extent of your financial losses, including potential wage reduction or loss of employment due to the accident. In cases where long-term or permanent disability affects your ability to earn a living, we will consider future earning potential when calculating the compensation you deserve.

How Do I Prove Drugged Driving in San Diego, CA?


Follow the steps listed below to prove drugged driving in San Diego, CA:

  • Notice the Driver’s Actions: If the driver who struck you exhibited suspicious behavior, such as drifting between lanes, driving the wrong way, speeding, running red lights, or driving recklessly, it could indicate impairment. Pay attention to additional signs like slurred speech, red eyes, or the smell of marijuana, as these can further support your claim.
  • Call 911: Immediately report the accident to the police and request an ambulance for any injuries. It is essential not to admit fault and provide your side of the story to the responding officer. Take note of the accident report number, which will be crucial for your case. The police will conduct tests to determine if there is probable cause to believe the other driver was under the influence of drugs.
  • Use Drug Tests as Proof: Drug tests can serve as valuable evidence to establish drugged driving. Depending on the circumstances, these tests may include blood, urine, or saliva. The police or medical professionals will conduct these tests to detect the presence of drugs in the other driver’s system. Obtain a copy of the test results, which can significantly strengthen your case.

In addition to the above steps, gathering relevant evidence, such as witness statements, photographs of the accident scene, and any available surveillance footage, is crucial. This evidence can support your claim and demonstrate the other driver’s impairment.

Consulting with an experienced drugged driving accident attorney in San Diego, CA, is highly recommended. They will have the expertise to guide you through the legal process, gather the necessary evidence, and build a strong case on your behalf.

If you believe you have been a drugged driving victim, contact our San Diego drugged driving accident attorney today. We can provide the necessary legal assistance to help you prove drugged driving, protect your rights, and seek the compensation you deserve for your injuries and damages.

How Much Time Do I Have to File a Drugged Driving Claim?


When filing a drugged driving claim, understanding the time limitations is critical. In most car accident cases, including those involving DUI drug crashes, there is a statute of limitations of two years. That means you have a two-year window from the collision date to file your lawsuit against the drugged driver. It is important to note that your claim will be time-barred if you fail to initiate legal action within this timeframe.

While two years is the standard statute of limitations for drugged driving accident lawsuits, it’s essential to know that some cases may have shorter deadlines. For instance, if the drugged driver involved was a government employee, the time window allowed by California law to file your claim may be narrower. To determine your case’s specific statute of limitations, consult with a knowledgeable drugged driving accident lawyer in San Diego, CA, as soon as possible.

Taking prompt action is crucial when dealing with a drugged driving claim. By contacting an attorney early on, you can ensure that your rights are protected and that the necessary steps are taken within the allotted time frame. An experienced lawyer will be able to assess the unique circumstances of your case, determine the applicable statute of limitations, and guide you through the legal process.

Don’t delay seeking legal advice if you have been a victim of a drugged driving accident. Time is of the essence, and the sooner you consult with an attorney, the better positioned you will be to pursue your claim effectively. Contact a drugged driving accident attorney today to discuss your case, understand your legal options, and take appropriate action before the statute of limitations expires.

Why Do I Need a Drugged Driving Accident Attorney in San Diego, CA?


When it comes to drugged driving accidents in San Diego, CA, having a skilled drugged driving accident attorney on your side can make a significant difference in the outcome of your case. Here are some qualities that make a good lawyer in this practice area, which you can find in our attorney at our law firm:

  • Extensive Knowledge of Drugged Driving Laws: Our attorney deeply understands the relevant laws and regulations specific to drugged driving accidents in California. We stay updated on the latest legal developments and know how to navigate the complexities of these cases.
  • Strong Investigative Skills: We possess excellent investigative skills at the Benner Law Firm, enabling them to gather crucial evidence of a drugged driving accident. We will thoroughly analyze the police reports, medical records, witness statements, and other evidence to build a strong case on your behalf.
  • Skilled Negotiator: Our attorney is competent and knows how to engage in settlement discussions with insurance companies and other parties involved. We will fight for your rights and aim to secure the maximum compensation for your injuries and damages.
  • Compassionate and Personalized Approach: Our attorney understands the emotional and physical toll a drugged driving accident can have on your life. We provide sympathetic and personalized attention to each client, ensuring you receive the support and guidance you need throughout the legal process.

You can benefit from all these qualities by choosing our law firm and attorney. We are dedicated to fighting for justice and helping you achieve the best possible outcome in your drugged driving accident case.

Call our Drugged Driving Accident Attorney in San Diego, CA, Now!


Drugged driving accidents can leave victims with life-altering injuries, emotional trauma, and financial burdens. If you or a loved one has been affected by such an accident, you need a dedicated and experienced attorney to fight for your rights and help you navigate the complex legal process.

The Benner Law Firm has the qualifications and experience to address your unique concerns and ensure you receive the compensation you deserve. Our team is committed to providing aggressive representation and personalized attention to each case, helping you achieve the best possible outcome.

In addition to our experienced and knowledge in drugged driving accidents, we also offer clients in San Diego the following services: 

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