Driving while impaired is risky and reckless. Yet, according to a 2015 study by the GHSA, 43% of drivers caught up in fatal incidents in the United States were under the influence of legal or illegal drugs. Studies also suggest that the increased chance of being involved in a car accident is notably connected with prescription opioid usage.
Under Michigan law, whether a substance is legal or not, the impaired driver is legally accountable. When a person drives while being under the influence of prescription medication, they may be charged with an OWI or a DUI. The impaired driver will be held responsible for the incident caused by their prescription drug consumption.
Which Prescription Medications Might Affect Driving?
Certain medicines have serious negative effects and might hinder driving. The following are some medicines that may make driving risky:
- Anti-epileptic medication
- Antipsychotic medication
- Certain cold and allergy products
- Codeine-containing medicines
- Stimulant-containing drugs
- Opioid analgesics
- Anxiety medications (prescription)
- Some antidepressants
Prescription drugs cause numerous side effects, such as vision problems, nausea, fainting, sluggishness, and a lack of focus.
Does the Use of Prescription Medication Immediately Prove Fault?
Not always. Prescription drug use may be used to evaluate culpability in an accident. This is only the case if the driver could have acted soundly on the road without the impact of the prescription. The use of prescription medication by a car driver complicates matters, but it does not always show liability.
The usage of prescription medication contributes less to assessing culpability than illegal drug use or alcohol intoxication. This is particularly so if the person driving takes the medication as maintenance. However, if you violated traffic regulations and acted negligently on the road, you will be held partially responsible for the incident. This can happen despite the other motorist being under the influence of prescription drugs during the accident.
Individuals involved in an automobile accident are expected to follow the standard procedures for proving fault. These include tasks like recording the scene, contacting witnesses, contacting the police, and sharing contact information.
Does a Driver’s Prescription Medication Use Affect a Claim?
No, it does not. The majority of the aspects that affect the validity of a claim are unique to you. These include things such as:
- Vehicular and property damage
- The gravity of hurt and suffering inflicted
- Injury seriousness
- Recovery time length
- Personal status (age, employment, income, health, etc.)
- Amount of medical expenses (related to the accident)
Overall, fault must be proved first. Prescription medication use alone does not affect an injury claim, but breaking traffic laws might.
How Does Using Legal Medication Affect Accident Liability in Michigan?
Impairment from prescription medication doesn’t really reduce a driver’s financial responsibility. Prescription drug use by the other driver does not usually raise the amount of compensation, nor does it reduce their financial obligation. However, whether the medication is legal or not may have an impact on the driver’s criminal liability.
In Michigan, if you are impaired by a prescription drug, the authorities could still prosecute you with a DUI. Whether the substance is legal or not, you will still get in trouble. Some of the ways you can be convicted include chemical tests, blood or urine tests, and obvious impairment.
Can a Lawyer Help with Car Accidents Caused by a Driver Impaired by Prescription Medication?
Yes, they can. You need legal assistance if you get involved in an automobile accident caused by prescription medicine impairment. You also need the right legal counsel to help you deal with the legal ramifications. A Michigan personal injury lawyer can assist you in navigating and simplifying the procedure.
In addition, an experienced Lansing accident attorney can help you after a car accident caused by prescription medication impairment by:
- Communicating effectively with the insurance company.
Attorneys can assist you in communicating to avoid misunderstandings with your insurance provider. Before communicating, acquire the approval and assistance of a lawyer to avoid botching the process.
- Helping manage and regulate your social media posts after the accident.
Unfortunately, many insurance providers use social media to gather evidence against you in order to minimize your compensation. Lawyers can assist you in managing social media posts to avoid complications.
- Steering you away from getting a settlement that is too low.
Many insurance companies make settlement offers that are too low. With the help of a reliable attorney in Michigan, you can obtain a clearer idea of how much money you’ll receive for your injury. This will eventually raise the amount you get to collect.
- Identifying and proving the fault of the other driver.
Insurance providers may blame you for the incident in order to lower your compensation. A personal injury lawyer can assist you in proving the other driver’s fault to keep awarded funds from being reduced.
Got Into an Accident with a Driver Impaired by Prescription Medication in Michigan?
If so, reach out to The Clark Law Office. Car crashes are a huge pain but don’t worry. Here at The Clark Law Office, we will assist you with all things legal. For over three decades, our Lansing MI attorneys have been assisting clients with reliable and expert legal support. Contact us immediately at (517) 347-6900 or email your questions to info@theclarklawoffice.com.
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