
Kansas City Car Accident Lawyer Details What You Should Do After a Drug-Impaired Car Accident
Picture this: You’re driving home from work on a typical Tuesday evening. Traffic is flowing normally when suddenly, a car swerves into your lane, sideswiping your vehicle and sending you spinning into the guardrail. As you catch your breath, the other driver stumbles out of their car, clearly disoriented. Unfortunately, this hypothetical scenario is becoming increasingly common with the rise of drugged driving.
Drug-impaired driving has become a major concern on Missouri roads, just like drunk driving. Whether it’s illegal substances, prescription medications, or even over-the-counter drugs, impaired drivers endanger themselves and everyone around them. If you’ve been involved in a Kansas City car accident with someone who may have been under the influence of drugs, you must take steps to understand and protect your rights to fair compensation.

Understanding Missouri Drugged Driving Laws
In Missouri, driving while under the influence of drugs is illegal under Section 577.010 of the Missouri Revised Statutes. This law states that someone “commits the offense of driving while intoxicated if he or she operates a vehicle while in an intoxicated condition.”
The term “intoxicated condition” includes not just being under the influence of alcohol, but also drugs or a combination of both. Driving while impaired (DWI) by any substance can result in a criminal charge. This includes illegal drugs like cocaine, prescription medication like opioids, or even some over-the-counter medications that are known to cause drowsiness or other forms of impairment.
Example of Driving While Under the Influence of Drugs
For example, consider Evelyn, a college student who takes a prescribed anti-anxiety medication. One day, she decides to drive to class shortly after taking her medication, not realizing how drowsy it would make her. Her impaired reaction time causes her to rear-end another vehicle at a stoplight. Even though Evelyn was taking a legally prescribed medication, she could still be charged with drugged driving.
Criminal DWI Charges and Punishments in Missouri
In many cases, a first-time drug-impaired driving offense in Missouri is a class B misdemeanor. It is punishable by a fine of up to $1,000, six months in county jail, or both. More extreme cases can be charged as up to a class A felony with up to life in prison. However, these criminal punishments do nothing to compensate drugged driving accident victims for their injuries. They must file a civil action to pursue the recovery of damages.
Contact our Kansas city personal injury lawyers now.

Recognizing the Signs of Drug-Impaired Driving
Identifying a drug-impaired driver can be challenging. The signs can vary depending on the substance used. Some common indicators may include:
- Erratic driving behavior. Drugged driving may lead to weaving between lanes, sudden speed changes, or ignoring traffic signals.
- Physical signs. People who are under the influence of drugs may display dilated or constricted pupils, slurred speech, or uncoordinated movements.
- Behavioral cues. Extreme agitation, drowsiness, or confusion may be signs of drug impairment.
Say you’re stopped at a red light when you notice the car behind you approaching at high speed. The driver slams on the brakes, managing to stop just inches from your bumper. As you glance in your rearview mirror, you see the driver’s head nodding forward, then jerking back up. These could be signs of opioid use, which can cause extreme drowsiness and “nodding off.”

Immediate Steps to Take After a Drugged Driving Accident
If you suspect you’ve been in a car accident with a drug-impaired driver, take these crucial steps:
- Ensure safety. Move to a safe area if possible and check for injuries.
- Call 911. Report the accident and any suspicions of impaired driving.
- Document the scene. Take photos and videos and gather witness information.
- Seek emergency medical attention. Even if you think you feel fine, some injuries may not be immediately apparent. Get a thorough examination.
- Avoid confrontation. Let law enforcement handle the suspected impaired driver. Do not discuss fault or blame.
- Consult with a Kansas City car accident lawyer. Book a free initial consultation with a lawyer as soon as you can. They can guide you through the next steps you should take.
- Report the accident to your insurance provider. Your attorney can coach you through what you should and should not say to your insurer as part of your official statement.
Why You Need to File a Civil Case After a Drugged Driving Accident
Even if the state of Missouri pursues criminal charges against the impaired driver, this often will not compensate you for your losses. Criminal cases focus on punishing the offender. By contrast, civil cases aim to make the victim whole. This may involve insurance claims or, if a settlement cannot be reached, taking the case to court.
Consider a scenario where you are seriously injured when a driver high on methamphetamine runs a red light and T-bones your car. The driver may be arrested and face criminal charges, including time in jail, but you are still left grappling with mounting medical bills and lost wages. It is only by filing a civil case that you are able to seek compensation for these damages that may not be addressed in the criminal proceedings.
Potential Damages You May Recover
When filing a civil case after a drug-impaired driving accident, you may seek recovery of various types of damages.
- Medical expenses. Both current and future medical costs related to your injuries may be recovered.
- Lost wages. You may seek compensation for time missed from work due to injuries, plus diminished earning potential in the case of permanent disability.
- Pain and suffering. Non-economic damages in civil cases include physical pain and emotional distress.
- Property damage. Settlements and verdicts typically factor in the cost to repair or replace your damaged vehicle.
- Punitive damages. In cases of extreme recklessness, the courts may award exemplary damages to punish the offender.
How a Kansas City Car Accident Lawyer Can Help
Figuring out what to do and how best to proceed after a drugged driving accident can be overwhelming. A Kansas City car accident lawyer can provide invaluable assistance throughout this process.
- Investigation. Your attorney will gather valuable evidence to prove the other driver was impaired and work to build the strongest case possible.
- Negotiation. A skilled legal team will deal with insurance companies on your behalf to ensure fair compensation.
- Legal representation. Your lawyer will take care of the paperwork, file your lawsuit, and represent you in court if necessary.
- Expert testimony. Your attorney may bring in medical experts or accident reconstruction specialists to support your claim.
For example, consider a scenario where Liam is injured by a motorist who had taken excessive amounts of cold medicine. A Kansas City car accident lawyer may obtain a copy of the other driver’s medical records, revealing a dangerously high level of the medication in their system at the time of the crash. This evidence could be crucial in proving impairment and securing a favorable settlement for Liam.
Drugged Driving vs. Drunk Driving: Similarities and Differences
Both drugged driving and drunk driving fall under the same Missouri statute and are major causes of car accidents, but there are some key differences in how they are handled.
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- Testing. While alcohol impairment can be easily measured with a breathalyzer, drug impairment often requires blood tests, which can be more invasive and time-consuming.
- Variety of effects. Alcohol tends to have predictable effects, while different drugs can cause vastly different impairments.
- Legal status. Some impairing substances, like prescription medications, are legal to possess and use. There may or may not be a legal limit, unlike the standard 0.08 blood alcohol concentration (BAC) limit for drinking and driving offenses.
Despite these differences, both drugged and drunk driving pose significant risks on the road and are treated seriously under Missouri law.
Protecting Your Future After a Drug-Impaired Driving Accident in Missouri
Being involved in a drugged driving accident can be a life-altering experience. From dealing with injuries and property damage to demystifying the legal system, the challenges can seem insurmountable. However, by understanding your rights and taking prompt action, you can protect yourself and work towards a fair resolution.
The experienced team at Foster Wallace is here to help you understand your rights, build a strong case, and fight for the compensation you deserve. We have a deep understanding of Missouri’s drug-impaired driving laws and have successfully represented many car accident victims across the state.
In one case, Foster Wallace represented a Vietnam veteran who was struck by a driver under the influence of drugs in Independence, Missouri. The insurance company downplayed his injuries, citing his pre-existing conditions. After hiring an expert witness and undergoing several rounds of negotiation, we secured a total settlement of $250,000 for our client. He was extremely happy with the result of his case.