There are numerous people who are on prescription drugs that can negatively impact their driving. Some of these people take these medications illegally, but there are many people who legally take these prescriptions because they are prescribed to them. Unfortunately, some of these individuals operate motor vehicles while under the influence of their medications. In the case of those who do this with illegal prescriptions, criminal punishment for possession and driving under the influence are likely. However, sometimes it can be challenging to convict individuals for driving under the influence of prescription medications that are legally prescribed to them. The following points will help you better understand why and what you can do if you are injured in a car accident by someone using prescription drugs.
Levels of Impairment
It is possible for different individuals to have different drug interactions, even if they are taking the same medication and dose. This means that some people might take a medication, and their driving might be impacted, but other individuals may not have any obvious reactions to taking their medications. This is why some officers have observed individuals and noted odd behavior, but there are a number of people who might appear normal after a car accident despite prescription drugs being in their system. Regardless of behavior, driving while under the influence of drugs is an action that is considered negligent. Officers can request that individuals have their urine or blood tested if they suspect they are under the influence. Depending on the severity of the accident, a warrant might be obtained if an individual refuses. A car accident lawyer would be able to request the results of any tests performed as well as video evidence from dash cams.
There are so many drugs on the market today. This can pose obstacles with testing. Most drug and urine analysis tests will look for the well-known substances such as benzodiazepines or medicinal cannabis. However, there are some drugs that might not be detected, which means that the driver's results could come back negative. It is also possible for the drugs to be at a lower level in an individual's system because some drugs leave the body quicker than others. Even if a suspected-high driver clears their drug screen, they could still be liable for injuries if their actions are deemed negligent. For example, a medication might cause drowsiness and result in a driver t-boning another vehicle. They might get off with minor charges in criminal court, but a civil suit might play out differently.
A car accident lawyer is a good resource to use if you are injured in this type of accident. This is because of the complexities involved in these cases. For example, a drug manufacturer may not have disclosed that a drug can cause drowsiness. A lawyer might be able to prove that the drug manufacturer is partially of fully liable for the accident due to their lack of disclosure. Contact a lawyer at a law firm like the D Chadwick Calvert Law Office for more information.