Can a Driver Be Held Responsible for Being on Prescription Medication?

Drivers under the influence of prescription medication are liable for whatever accidents they cause. Georgia law does not include exceptions for if the drugs that were taken were legal. If a driver caused an accident due to a prescription they took, you should seek to file a claim immediately for your damages.

With over 25 years of experience in this field, our law firm has the resources and expertise needed to help you file a strong claim against the driver who hit you. Let us assist in your pursuit of compensation.

How a Lawyer Can Help

Holding a driver responsible for your accident means proving their negligence. Even if they took a legal prescription, they are still liable for the harm they caused. A lawyer can help you file a claim and pursue a settlement. You should always consult with a lawyer before making any major decisions in your case.

Our lawyers can help you:

• Gather evidence
• Negotiate with the insurance companies
• Represent you in court
• Hire expert witnesses to support your claim
• Answer all of your questions and concerns

Our team will ensure that the settlement you receive is fair and accurate.

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Holding the Driver Accountable

After an accident occurs and the driver was found to be on a prescription drug, you would need to prove negligence. Doing so requires an understanding of the following:

• All drivers owe a duty of care to others on the road and pedestrians.
• When a driver engages in a negligent act, like taking drugs (legally or otherwise), they breach that duty of care.
• Through this negligence, an accident can happen.
• This accident can—and did—cause your injuries.

You prove your case by presenting the evidence you and your lawyer collect after the accident. The law is already on your side due to the at-fault party being intoxicated. Even so, remember that you need to be less than 50% responsible for your accident in order to file a claim.

DUI Laws in Georgia

According to the Official Code of Georgia Annotated (OCGA) §40-6-391, a person is not allowed to drive if they are under the influence of one or more of the following:

• Alcohol
• Drugs
• Glue, aerosols, or other toxic vapors

Many assume that drugs in this statute refer only to recreational drugs, but this is not the case. Prescription medicines are also classified as drugs, despite being legally obtained and used under medical supervision. Many prescriptions can affect one’s ability to drive by way of drowsiness, dizziness, nausea, and other symptoms.

There is no excuse to drive while under the influence of a prescription. The doctor and the pharmacist should have discussed the potential risks involved with taking the medicine. There are also clear warnings about potential risks right on the bottle. With all of these warnings in place, drivers cannot claim not to know the dangers associated with the medications they take.

Groups More Likely to Drive While on Prescriptions

Statistically, younger drivers are more reckless and are therefore more prone to causing accidents. However, while young adults and teenagers are more prone to driving after taking recreational drugs, the elderly are more likely to drive while on prescription medication. According to the National Institute of Health (NIH), this is due to two significant factors:

Mental Decline

Elderly people are more likely to take incorrect prescription dosages. The incorrect dosage can lead to unintended side effects that can affect a person’s alertness or motor skills. In turn, this puts their ability to drive safely at risk and increases their potential to cause a car accident.

Slower Breakdown of Drugs

As people age, their ability to process food or medicine gradually slows down. An elderly person could have taken their prescription several hours ago, but their body may not have completely broken it down yet. They may then opt to get behind the wheel, unaware that the drug’s side effects will affect them while they’re on the road.

Our Car Accident Lawyers Can Help You File Your Claim

John Foy & Associates has been helping personal injury victims for over two decades. Our attorneys are compassionate, smart, and ready to do all we can to help you win. With no costs upfront, we offer a free consultation to learn more about what we can do for your case.