Drunk driving is incredibly common — more common than many would like to admit. But alcohol isn’t the only substance that can make Texas roads dangerous. Drug-impaired driving, whether from illegal drugs, prescription medications, or even over-the-counter medicines, remains a significant cause of serious accidents in Texas.
A 2021 national survey on drug use revealed that 13.5 million people drove after using illicit drugs, with 11.7 million of those under the influence of marijuana.
But what about more recent data?
According to the Texas Department of Transportation’s Crash Records Information System (CRIS), there were 3,343 drug-involved crashes in Texas in 2024*.
| *Patino Law Firm used the Crash Records Information System’s query builder, using the following filters: Year: 2024 Crash Location: All of Texas Additional Filters: Drug-Involved Crashes (TxDOT-authored filter, citing crashes where any person is reported with contributing factors of Taking Medication or Under the Influence of Drugs, or tested positive for a drug test.) |
In this blog, we’ll answer the key question: Can you file a claim if you’re in an accident caused by drugs? We’ll explore how drugs affect driving, what Texas law says, and how to protect your rights if you’ve been injured in a car crash involving drugs.
How Drugs Cause Car Accidents in Texas
Like alcohol, many drugs disrupt normal brain and body functions in ways that severely compromise safe driving. Drug-impaired drivers may react too slowly, misjudge distances, struggle to focus, or become dangerously drowsy, leading to devastating crashes.
Types of Drugs Linked to Car Accidents
- Marijuana — slows reaction times, reduces attention, and impairs depth perception.
- Cocaine and amphetamines — can trigger aggressive or reckless driving, followed by sudden fatigue after the “high” wears off.
- Opioids (e.g., oxycodone, heroin, morphine, Vicodin) — cause drowsiness, dizziness, and delayed reactions.
- Ecstasy/MDMA — alters perception and judgment.
- Sleeping pills and sedatives — increase drowsiness and can cause drivers to fall asleep at the wheel.
Side Effects That Contribute to Car Crashes
Even mild or common drugs can create dangerous conditions for driving. Side effects often include:
- Dizziness or nausea
- Drowsiness or fatigue
- Blurred vision
- Slow reaction times
- Difficulty concentrating.
Any of these side effects can cause a driver to miss a stop sign, drift out of a lane, or fail to react in time to avoid a collision.
Car Accidents Caused By Prescription and Over-the-Counter Drugs
Drugged driving doesn’t only involve illegal substances. Prescription and over-the-counter (OTC) drugs are frequently linked to impaired driving accidents in Texas.
Under Texas Penal Code Section 49.01, intoxication is defined as
“Not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body.”
This means that even legal medications can lead to a charge of driving while intoxicated (DWI) if they impair a driver’s ability to operate their vehicle safely.
If a drug-impaired driver has injured you, our Texas car accident lawyers can help you hold them accountable.
Common Legal Medications That May Cause Impairment
- Antidepressants and anti-anxiety medications — can cause slowed thinking and fatigue.
- Antihistamines — often lead to drowsiness.
- Decongestants — may trigger nervousness, dizziness, or increased blood pressure.
- Prescription painkillers — can impair reflexes and judgment.
- Sleeping pills — may impair driving ability even the morning after use.
Even with legally prescribed medication, drivers must follow medical advice and take steps to avoid impairment (and potential liability). Combining drugs, exceeding prescribed doses, or ignoring new side effects like dizziness can all amount to negligence if they still choose to drive.
Can You Claim If You’ve Been Injured in a Car Crash Involving Drugs?
Yes. If you’ve been injured in a car accident in Texas, whether as a driver or passenger, caused by someone under the influence of drugs, you may be entitled to file a personal injury claim.
Here’s why:
- Driving while impaired is illegal in Texas. Whether it’s illegal drugs, prescriptions, or OTC medications, impaired driving violates Texas law.
- All drivers owe a duty of care. Every motorist has a responsibility to drive safely and avoid putting others in danger. Drug impairment is a clear breach of that duty, and you can hold them responsible.
- Negligence per se applies. The legal doctrine of negligence per se effectively removes the need to prove a person was negligent because it is automatically assumed from their behavior. So, if a person is cited for taking drugs, which is a violation of the law, they are presumed negligent for the purposes of a personal injury claim.
Through a personal injury claim, you may seek compensation for:
- Medical bills
- Rehabilitation and therapy
- Lost wages and reduced earning capacity
- Pain and suffering
- Property damage
- Long-term or future care needs.
Our personal injury attorneys can guide you through every step of the process and fight to recover the full compensation you deserve.
Proving a Car Accident Was Caused By Drugs
Successfully recovering compensation after a drug-related crash requires you to meet a specific burden of proof: you must show that the person you are claiming against was negligent or reckless and that their impairment caused the accident and your injuries. Evidence may include:
- Police reports noting suspected impairment.
- Toxicology test results confirming drug use.
- Citations or arrests for driving under the influence.
- Witness testimony about the driver’s behavior.
- Medical or expert testimony linking the drug’s side effects to impairment.
If the driver was arrested or cited for driving under the influence of drugs, the principle of negligence per se can significantly strengthen your case.
It’s essential to consult an attorney if you’re injured in an accident and believe someone else’s drug impairment caused it.
Common Defenses Raised in Drug-Related Accident Cases
Drivers and their insurers may try to avoid liability by claiming:
- They followed their doctor’s instructions and did not exceed a prescribed dose.
- They experienced unexpected side effects they couldn’t have reasonably foreseen.
- They had a medical need to take their medication, such as for a medical emergency or to manage chronic pain.
- Other factors (weather, road hazards, or another driver) were primarily responsible for the accident.
A skilled car accident lawyer can challenge these defenses and build a strong case on your behalf.
FAQ: Car Accidents Caused by Drugs in Texas
Can I sue a driver who caused an accident due to prescription drugs?
Yes. Even if the medication was legal, if it impaired the driver and caused your accident, you can file a claim. In Texas, drug impairment, whether from legal substances, prescription medication, or over-the-counter drugs, can make a driver legally responsible for your injuries.
Does Texas treat drugged driving the same as drunk driving?
Yes. Under the Texas Penal Code, intoxication includes impairment from alcohol, illegal drugs, prescription medication, or even common OTC drugs. This means drugged driving and drunk driving are both treated as driving while intoxicated (DWI).
What damages can I recover after a car crash involving drugs?
If you’re injured in a drug-related car accident, you may be entitled to compensation for lost earnings, medical expenses, pain and suffering, property damage, and in severe cases, long-term or future care. An experienced Texas car accident lawyer can help you pursue the maximum recovery.
Do I need the driver to be arrested for drug use to have a claim?
Not necessarily. While an arrest or citation can strengthen your case through negligence per se, you can still pursue a personal injury claim using other evidence, such as toxicology reports, police records, or witness statements.
Why Choose Patino Law Firm?
Drug-impaired drivers cause thousands of crashes across Texas each year, and claims for accidents due to drugs can be complex. Even if the impaired driver who caused your accident is arrested, you must take separate legal action to secure compensation for your injuries.
At Patino Law Firm, we represent victims of car accidents caused by drugs in McAllen, San Antonio, and throughout Texas. We know how to investigate complex cases, gather compelling evidence, and challenge insurance companies that may try to deny or minimize your claim.
With our “no fees until we win” promise, you don’t pay unless we successfully recover compensation for you.
Call 855-LAW-NINJA or fill out our confidential contact form for a free, no-obligation consultation.
