Are you a victim of an accident caused by a driver under the influence of prescription medication? And thinking about whether to file a claim for your injuries or not?
Georgia law does not include exceptions for drivers under the influence of prescription medication. Holding another driver responsible for your damages after a car crash involves proving their negligence, even if they had a legal prescription medication.
Here’s everything you need to know if you are a victim of an accident caused by a driver impaired by prescription drugs.
Does the Use of Prescription Drugs Prove Fault?
Even when a driver is found to be on a description drug after an accident, they owe a duty of care to others on the road. Whether the driver takes drugs legally or otherwise they breach the duty of care.
This negligence can result in an accident that can cause injuries. With the at-fault driver being intoxicated, the law is already on your side. However, you need to be less than 50% responsible to file a compensation claim.
However, the use of prescription drugs by a driver does not always prove fault. Standard procedures for proving fault are followed such as contacting the police, recording the scene, contacting witnesses, etc. You would need to prove their negligence by presenting evidence.
An Atlanta car accident lawyer can help you file a claim for damages. It is always better to consult a lawyer to make any decision related to your case. Furthermore, the lawyer can help you gather evidence, answer your questions and concerns, negotiate with the insurer, and represent you in court.
How Does Use of Prescription Drugs Affect Accident Liability in Atlanta?
Under the DUI laws in Georgia, prescription medicines are also drugs. That is why despite being used under supervision, it is not allowed to drive under the influence of legally obtained drugs. Prescription drugs can also affect a person’s ability to drive with symptoms such as drowsiness, nausea, dizziness, etc.
A person is responsible for knowing how a prescription drug will affect their ability to drive. When they take a prescription medication for a health concern, they have the responsibility to understand its effect on their driving.
Drivers cannot claim to be aware of the risk associated with driving under the influence of prescription medicines. The doctor or the health professionals would have discussed the risks involved with the medicine. Moreover, the potential risks are mentioned clearly on the bottle.
Moreover, prescription drug use does not reduce the financial obligation of the at-fault driver, nor does it raise the amount of compensation.
Prescription Medications that Might Hinder Driving
Certain prescription drugs can have a dramatic impact on driving. Some prescription medications that might hinder driving include:
- Anti-epileptic medication
- Opioid analgesics
- Codeine-containing medicines
- Antipsychotic medication
- Some antidepressants
These medications can cause numerous symptoms such as nausea, sluggishness, fainting, lack of focus, vision problems, etc.
Conclusion:
Under Georgia Law, the impaired driver is legally responsible for an accident whether the drug is legal or not. The impaired driver will be held liable for the crash caused due to their consumption of prescription medication. However, the use of prescription drugs alone does not affect an injury claim, the fault must be proved.
At Karma Injury Law, we’re committed to protecting the rights of accident victims. Our legal team of car, bicycle, and Atlanta truck injury lawyers will assist you at every step to create a strong case that ensures you get fair compensation.
