Kansas City Drugged Driving Accidents

If a driver impaired by marijuana, prescription medication, or another drug hit you, both Missouri and Kansas treat that driving as illegal, and an injured person can pursue a civil claim for the losses it caused. Kansas City drugged driving accidents differ from drunk driving crashes in how impairment is proven, and the civil claim runs separately from any criminal charge the driver faces.

At Wendt Law Firm, we represent people injured in car accidents, including crashes caused by impaired drivers. Call (816) 531-4415 or contact us for a free consultation about what happened to you.

What Counts as Drugged Driving Under Missouri and Kansas Law?

Missouri does not have a separate drugged driving offense. Its driving while intoxicated (DWI) law covers drugs because, under Section 577.001 of the Missouri Revised Statutes, the definition of an intoxicated condition includes being under the influence of alcohol, a controlled substance, or a drug, or any combination of them.

Kansas spells it out in the offense itself. Under Section 8-1567 of the Kansas Statutes, driving under the influence includes operating a vehicle while under the influence of any drug, or a combination of alcohol and drugs, to a degree that makes the driver incapable of driving safely. This offense is often called DUID, short for driving under the influence of drugs.

Neither state sets a drug level that proves impairment on its own, the way a 0.08% blood alcohol reading does for alcohol. Proof of drug impairment instead comes from evidence such as:

• Toxicology results: Blood or urine tests showing which drugs were in the driver’s system.
• Officer observations: Field sobriety tests (roadside balance and coordination checks) and the officer’s notes on how the driver looked, spoke, and moved.
• Criminal case records: A citation, charge, or conviction for drugged driving.

How Does Shared Fault Work When the Other Driver Was Impaired?

Even when the other driver was impaired, the injured driver can be found partly at fault, and the two states treat that split differently. Missouri follows pure comparative fault, so an injured person’s award is reduced by that person’s share of fault but is not barred, even when the share is large.

Kansas is stricter. Under Section 60-258a of the Kansas Statutes, an injured person recovers only if their own negligence was less than that of the party they are suing, and the award is reduced by their percentage of fault. In a two-driver crash, a driver found 50% or more at fault recovers nothing in Kansas.

A drugged driving citation against the other driver can also strengthen the case on who is liable in a car accident, because it points directly to that driver’s impairment.

What Compensation Can You Recover After a Drugged Driving Accident?

A successful claim against a drugged driver can include compensation for losses such as:

• Medical expenses: Care from the ambulance ride through surgery, therapy, and follow-up treatment.
• Lost income: Wages missed during recovery, plus reduced future earning ability after a serious injury.
• Pain and suffering: The physical pain and emotional toll the crash causes.

For a crash in Kansas, recovering pain and suffering damages from the at-fault driver requires meeting a state threshold, such as medical treatment worth $2,000 or more or certain serious injuries, though personal injury protection (PIP) benefits from a Kansas auto policy pay part of the medical costs and lost income either way, up to the policy’s limits. 

Missouri has neither rule: it sets no threshold for pain and suffering damages and does not require PIP coverage. We document each loss with medical bills, pay records, and a record of how the injury affects daily life.

How Long Do You Have to File After a Drugged Driving Accident?

Missouri and Kansas set different deadlines for a personal injury lawsuit, which matters in a metro area where a crash a few blocks from State Line Road could fall on either side.

Each clock generally begins once the injury is sustained and can reasonably be discovered, and a pending criminal case against the driver does not pause it. We track the filing deadline from the start, so waiting on the prosecution does not cost you the civil claim.

Talk to Wendt Law Firm About Kansas City Drugged Driving Accidents

Learning that the driver who hit you was impaired can make an already painful situation feel even more unfair. 

Our founding attorney, Samuel Wendt, is admitted to the state courts of Missouri and Kansas and to the federal courts for the District of Kansas and the Western District of Missouri, so your claim can be pursued on either side of the state line.

For a free consultation about Kansas City drugged driving accidents, call (816) 531-4415 or contact us today, and Wendt Law Firm can explain how your claim can move forward.