719-300-1100 info@warrior.law

Was Your Car Accident Caused by a Driver Impaired by Prescription Medication?

by | Jan 14, 2022 | Car Accidents

Top Rated Colorado Springs Car Accident Attorneys

COLORADO MEDICATION-IMPAIRED DRIVERS CAUSE CAR ACCIDENTS.

Prescription drugs are the only way for some individuals to operate daily. Many individuals use prescription drugs for several reasons, including managing medical disorders, discomfort and preventing unpleasant symptoms.

Prescription drugs, however, may have serious side effects that might lead to accidents. Was your car accident caused by a motorist who was under the influence of prescription drugs? If this is the case, you may need the assistance of a lawyer to get the compensation you deserve.

PRESCRIPTION MEDICATIONS’ MOST COMMON SIDE EFFECTS

Anyone who has ever taken a prescription drug is aware of the wide variety of adverse effects that might occur. However, some of these adverse effects are more dangerous to drivers than others.

DIZZINESS

Many individuals find it difficult to walk across a room, much alone drive through traffic when they get dizzy. Dizziness may cause blurred vision or difficulties gauging distances, increasing many drivers’ danger of an accident.

DROWSINESS

When a motorist falls asleep at the wheel, the car swiftly drifts away from its intended direction, frequently with the driver’s foot still on the pedal. Even a short bout of falling asleep while driving may endanger the driver and other drivers on the road.

NAUSEA

Nausea is a powerful distraction when driving, making it very difficult for drivers to arrive at their destination safely. Vomiting in a moving car comes with its own set of obstacles and diversions.

VISION THAT IS HAZY

 

Some drugs might produce blurred vision, either momentarily or permanently. Traffic signs and signals may be difficult to see for a motorist with impaired vision.

IMPAIRED COGNITIVE FUNCTION

Drivers with hazy vision may overlook a person crossing their route or the movement of another car around them. While most individuals claim that they can accomplish the same tasks while on medicine as they did before, many drivers have reduced cognitive function due to their prescriptions.

SLOWED RESPONSE TIMES

They may have trouble remembering how to observe driving regulations or how to accomplish particular moves in traffic. Some drugs may reduce response times in addition to impairing cognitive function.

Slow response times might make it difficult for drivers to respond to the activities of other cars. Drivers with sluggish response times are more likely to crash because they cannot react quickly enough to avoid an accident.

FACTORS AFFECTING MEDICATION ADVERSE EFFECTS

The kind of drug a person is taking and any additional medications or supplements they choose to take with it may have different side effects. When herbal supplements mix with prescription drugs, they might cause dangerous adverse effects.

Drivers should also be aware that their reactions to drugs might fluctuate over time, particularly if they stop taking one and then resume it. Many individuals discover that their responses to drugs that used to produce minimal side effects become greater as they become older.

Supplements and other drugs may also affect how a person’s body reacts to new medications. Many prescription drugs’ adverse effects might be exacerbated by drinking. Even after the body has digested the alcohol from the drink, some of those effects may persist.

PRESCRIPTION MEDICATIONS AND THE LAW

Before getting behind the wheel, a motorist got a prescription from his doctor for his meds. He obtained his prescriptions from a reputed drugstore. Does this imply that he can drive while under the influence of such drugs?

No. It isn’t the case. Even if prescribed prescriptions induce impairment, Colorado law allows drivers to face criminal penalties for driving under the influence. If a substance, legal or illegal, impairs a motorist’s ability to drive safely, the law will hold the driver liable for any accidents caused by the drug’s adverse effects.

WHEN TAKING MEDICATIONS AND DRIVING, TAKE CARE

Before going behind the wheel after receiving a new medication, a motorist should take prudence.

Many doctors advise drivers to wait at least 48 hours before getting behind the wheel after taking a new medicine. By that time, the driver should have a decent sense of the medication’s adverse effects and whether or not it’s safe to drive.

The motorist may need to wait up to 48 hours or more after taking a prescription medicine with known, negative side effects before getting back behind the wheel. To avoid putting the driver, passenger, and others on the road at risk, the medicine should have time to fully leave the driver’s system before he goes back on the road.

The quantity of medicine that a motorist may take and still drive is not regulated by Colorado law. It would be difficult to enact such a rule due to the almost endless ways drugs may affect individuals and combine with other medications, vitamins, and other factors. Rather, the law concentrates on the outcomes.

Suppose a prescription drug affects a motorist’s ability to drive safely. In that case, the driver bears criminal and civil culpability if the impairment causes an accident, regardless of how much medication the driver takes or what the impairment is.

HOW DOES THE USE OF PRESCRIPTION DRUGS BY THE OTHER DRIVER AFFECT YOUR CLAIM?

A motorist who decides to drive while under the influence of prescription drugs, particularly those with undesirable side effects that make it impossible for the driver to operate a car properly, may face DUI charges. Law enforcement and the state’s attorney choose to prosecute the charges, not a private citizen.

Your testimony may aid in determining if the other motorist engaged in risky conduct, such as seeming inattentive, swerving, or disregarding traffic regulations. Ultimately, though, the burden for ensuring criminal justice is done does not lie with you.

As a car accident victim caused by a motorist who was under the influence of prescription drugs, your main worry is how the other driver’s prescription medication usage may affect your civil lawsuit claim for damages. Here are some of the most often asked concerns concerning the influence of prescription drugs on a car accident injury claim from our customers.

HOW FAULTY PRESCRIPTION MEDICATION AFFECTS YOUR INJURY CLAIM

Is it possible to collect extra money from my claim if the motorist was under the influence of prescription medication? It’s conceivable but unlikely. Impaired driving is hazardous and irresponsible, and regardless of whether the substance used is lawful or illegal, the law will hold the impaired motorist legally liable.

Most of the elements that influence the claim’s worth have little to do with why the other motorist made a poor judgement that caused you to suffer. Instead, they consider things that are unique to you, such as

Your accident-related medical expenses;

The severity of your injuries and how long it will take you to recover;

Your age, family situation, general health, employment, and income at the time of the accident;

The pain you and/or your family experienced; and

The damage to your car and other personal belongings.

When someone’s behavior is egregiously irresponsible and destructive, Colorado courts will impose punitive damages. It’s conceivable that driving while under the influence of prescription medicine qualifies as such behavior. Still, in our experience, it’s very unusual, particularly in a state like Colorado, where seniors take new prescriptions regularly and drive while impaired without meaning to.

IS IT TRUE THAT TAKING LEGAL MEDICATION CAN AFFECT YOUR ACCIDENT LIABILITY?

Will the use of prescription medicine by the other motorist reduce his or her financial liability? No. Prescription medicine usage by the other motorist does not normally enhance the value of your claim, and it does not reduce the financial obligation of the impaired driver. However, it may impact the degree of criminal liability the driver faces.

Will the insurance company still pay the claim if the other motorist was under the influence of prescription medicine when the accident occurred?

First and foremost, since Colorado is a no-fault state, the other driver’s impairment will have no impact on the benefits you get from your own medical payments policy. Your MedPay insurance coverage will cover any injuries you sustain.

Suppose your injuries are serious enough that you may file a lawsuit against the drunk driver under Colorado law. In that case, your lawyer may have to deal with the impaired motorist’s liability insurance company. In most cases, liability plans do not cover drunk driving and instead include terms that penalize policyholder drivers who drive while intoxicated.

CAR ACCIDENTS AND FAULTS CAUSED BY PRESCRIPTION MEDICATION

What effect would the usage of prescription medicine by the other motorist have on the assessment of blame in the accident? Trying to figure out who was to blame in an accident may be difficult, and drug use—prescription or otherwise—can exacerbate the problem.

An examination of the accident, including the circumstances that led up to it, will determine guilt.

Even if the other motorist was using prescription medicine, you might be partially responsible for the collision. Your activities on the road must stay safe and adhere to the text and spirit of the law, just as the other motorist must.

Prescription drug usage may be used to evaluate culpability in an accident, but only if the other motorist could have reasonably reacted to difficulties on the road without the medicine’s impact. To put it another way, a driver’s prescription medicine usage does not always imply blame in an accident.

Prescription medicine usage may have a smaller role in determining blame than alcohol or nonprescription drugs, particularly if the motorist used the prescription medication for an extended period.

Even if the other driver was under the influence of prescription pinjuryaceuticals at the time of the collision, you would be held partially responsible if you failed to obey traffic regulations, disobeyed traffic signals, or drove recklessly.

HOW CAN A LAWYER ASSIST AFTER A CAR ACCIDENT INVOLVING A PRESCRIPTION DRUG USER?

Many consumers attempt to handle their insurance claims independently, seeing an attorney only after they believe they have exhausted all other options. Working with a lawyer from the beginning, on the other hand, provides numerous significant benefits throughout the claims procedure.

A lawyer may assist you in identifying and disputing the other driver’s guilt in the collision more successfully. Insurance companies often show that the accident was caused by a motorist who is not covered by their policy. They may claim that your activities caused the collision or that their driver’s prescription had no effect on their ability to drive safely.

Unfortunately, this may result in a significant reduction in the amount of compensation you get for your injuries. On the other hand, a lawyer may assist you in proving the other driver’s guilt, therefore raising the amount of money you get from the insurance company.

A lawyer may assist in speeding up the procedure. If the other motorist was under the influence of prescription medicines, the insurance company might see the current investigation as a stumbling block to sending you the money you deserve.

On the other hand, working with a lawyer may frequently get you the money you deserve sooner, enabling you to pay off your debts.

A lawyer can help you avoid accepting a low-ball settlement offer. Many insurance firms offer low settlement amounts in the hopes that you would accept the money

quickly. If you engage with an attorney, you may obtain a better estimate of the amount of money you deserve for your injury.

An attorney may help you avoid accepting a low-ball settlement offer early on in the process, resulting in a higher settlement sum.

In the wake of the accident, an attorney may assist you in managing your social media accounts and other public activities. Unfortunately, many insurance firms will attempt to establish that your injuries cause less serious issues than you claim by using your social media postings and other activities.

As a consequence, the amount they provide you may be reduced. An attorney can assist you in managing such actions throughout the claims process, avoiding any postings or evidence that might prevent you from receiving the compensation you deserve.

An attorney can assist you in contacting the insurance company. You may be asked to answer a series of questions concerning the accident by the insurance company. You are not required to contact them or issue a statement under the law. To prevent any misconceptions, you should make any such statement with your attorney’s agreement and assistance.

If you are seriously injured in an car accident, you may want legal assistance and counsel to help you cope with the legal ramifications. A lawyer can assist you in navigating the claims procedure, expediting it and, as a result, boosting the amount of money you get.

HAVE YOU BEEN INJURED IN A CAR ACCIDENT CAUSED BY A DRIVER UNDER THE INFLUENCE OF PRESCRIPTION DRUGS?

You have a lot on your mind after your accident, and at the top of the list is making sure you obtain the financial compensation you need and deserve for your injuries. If you were injured in a major accident caused by a motorist under the influence of prescription pinjuryaceuticals, call Warrior Car Accident Lawyers at 719-300-1100 or contact us online to schedule a free consultation.

Warrior Car Accident Lawyers

1902 W. Colorado Ave., Suite 100

Colorado Springs, CO 80904

719-300-1100

Get a Free Case Evaluation

No-Obligation | 100% Confidential | Always Honest