Medication side effects impairing driving ability is a serious issue, and in California personal injury cases, it can significantly impact the outcome of the case if the driver’s impairment due to medication was a factor in causing the accident. Certain prescription, over-the-counter, or even herbal medications can cause side effects that impair a driver’s reaction time, judgment, attention, and motor skills, making it unsafe for them to operate a vehicle.
If a person is involved in an accident while under the influence of medication that impairs their driving ability, they could be held liable for the injuries and damages they cause. Here’s how medication impairment plays a role in California personal injury cases:
Legal Implications of Medication Impairment in California
- Negligence and Duty of Care:
- Drivers in California have a legal duty to drive safely and exercise reasonable care to avoid causing harm to others. If a driver fails to fulfill this duty by driving under the influence of medication that impairs their abilities, they can be considered negligent.
- For instance, if a driver takes medication known to impair their ability to drive (e.g., causing drowsiness, blurred vision, or slower reaction time) and causes an accident, they may be found negligent for not ensuring they were fit to drive.
- DUI Laws and Medication:
- While California DUI laws (specifically Vehicle Code Section 23152) are commonly associated with alcohol and illegal drugs, prescription and over-the-counter medications can also lead to impairment that violates California’s traffic laws.
- Driving under the influence of drugs (DUID) includes driving while impaired by prescription or over-the-counter medications that affect driving ability.
- For example, medications like opioids, benzodiazepines (e.g., Xanax), antihistamines, antidepressants, and certain cold medicines can impair driving ability.
- A person taking medications that impair their driving may be considered driving under the influence if they cause an accident. If arrested for a DUID charge, they may face criminal penalties in addition to civil liability for personal injury claims.
- Negligence Per Se:
- Negligence per se applies when a driver violates a safety law, and that violation automatically makes them negligent. In a medication impairment case, if the driver was using a medication that is known to impair driving (and they caused an accident), their behavior could be considered negligence per se.
- For example, if a driver was warned by their doctor or pharmacist that their medication could impair their ability to drive, and they chose to drive anyway, their actions would be negligent per se.
- Causation and Liability:
- In a personal injury case, the injured party must prove that the driver’s medication impairment was a proximate cause of the accident.
- Causation could be shown by evidence that the driver was impaired by the medication and drove erratically or had delayed reaction times that led to the accident.
- For instance, if the driver failed to react to a red light or stop sign because of drowsiness caused by the medication, and this caused the crash, that could be the basis for liability.
- In a personal injury case, the injured party must prove that the driver’s medication impairment was a proximate cause of the accident.
- Potential Defenses in Medication Impairment Cases:
- Unawareness of the Impairing Effects: The driver may argue they were unaware that the medication impaired their ability to drive. However, this defense is weaker if the driver was warned of the potential side effects by their doctor or pharmacist.
- Compliance with Prescription Instructions: If the driver took the medication exactly as prescribed and was still impaired, they could argue that they acted within the scope of reasonable expectations. However, they may still be held responsible if they should have known that the medication could impair their driving.
- No Prior Warning: If the driver did not receive proper warnings about the side effects of their medication (e.g., the doctor or pharmacist failed to warn them), they may argue that they were not reasonably expected to know about the potential impairment.
Types of Damages in a Personal Injury Case Involving Medication Impairment:
- Medical Expenses:
- You can recover compensation for all medical expenses related to the accident, including emergency treatment, hospital stays, surgeries, medication, and ongoing medical care for injuries sustained in the crash. If the injuries require long-term care, this can also be included in your claim.
- Lost Wages:
- If your injuries prevent you from working, you can seek compensation for lost wages. This includes wages you lost during recovery, as well as any future lost income if your injuries impact your ability to work long-term or permanently.
- Pain and Suffering:
- Pain and suffering compensates for the physical pain, emotional distress, and diminished quality of life resulting from the accident. For example, if the accident led to permanent physical limitations or ongoing pain, this can be included in the damages.
- Property Damage:
- If your vehicle or any other personal property was damaged in the accident, you can claim compensation for repairs or replacement. This could include your car, personal items inside the car (e.g., phone, electronics), and other property that was damaged.
- Punitive Damages:
- In cases where the medication impairment was particularly reckless (e.g., the driver was aware that they were impaired and chose to drive anyway), the injured party may be entitled to punitive damages. These are meant to punish the driver for particularly egregious behavior and deter others from similar actions.
- Loss of Consortium:
- If the injuries you sustained in the accident caused a significant loss in your relationships (e.g., physical or emotional damages that impact your ability to maintain relationships with your spouse, children, or family), your family members may be entitled to claim loss of consortium damages.
Evidence of Medication Impairment in Personal Injury Cases:
- Doctor’s or Pharmacist’s Testimony:
- The testimony of a medical professional or pharmacist who prescribed the medication or who can testify to the potential side effects of the medication could be important in establishing the driver’s impairment.
- If the driver had been prescribed a medication known to impair driving, and this impairment led to the accident, expert testimony can help establish that the driver was negligent for failing to heed warnings.
- Blood or Urine Tests:
- In some cases, the driver may be subjected to blood or urine tests following the accident to determine the presence of drugs or medications in their system. If the driver’s blood test shows the presence of an impairing drug (e.g., opioids, benzodiazepines, or antihistamines), this can serve as evidence of impairment.
- Witness Testimony:
- Eyewitnesses who observed the driver’s behavior before the accident may testify to signs of impairment, such as swerving, erratic driving, or slow reaction times. This testimony can help establish that the driver’s actions were a direct result of the medication’s side effects.
- Police Report:
- The police report will document the driver’s condition at the scene of the accident. If the police officer noted signs of impairment (e.g., drowsiness, confusion, or difficulty with coordination), this could be used as evidence in the case.
- In cases where the driver was arrested for driving under the influence of drugs (DUID), the police report will likely contain important information about the driver’s condition, their admission of medication use, and any field sobriety tests performed.
- Medical Records:
- Medical records showing the prescribed medication, the dosage, and any warnings about side effects can help establish that the driver was taking a medication that could impair their ability to drive.
- Defendant’s Admission:
- If the driver admitted to using medication before driving or if they acknowledged feeling impaired after the accident, this admission can be critical in proving that their impairment was the cause of the accident.
Steps to Take After an Accident Involving Medication Impairment:
- Call the Police:
- Always report the accident to the police, especially if you suspect the other driver was impaired due to medication. The police will investigate the scene and may arrest the driver for DUID if they find evidence of impairment.
- Seek Medical Attention:
- Even if you don’t feel injured right away, it’s important to get medical attention. Some injuries, such as soft tissue injuries or head trauma, may not show immediate symptoms but can worsen over time.
- Document the Scene:
- Take photographs of the accident scene, including vehicle damage, road conditions, and any visible injuries. If there are any witnesses who observed the driver’s behavior before or during the accident, get their contact information.
- Consult an Attorney:
- A personal injury attorney can help you gather evidence, negotiate with insurance companies, and pursue compensation for your injuries. If the other driver was impaired by medication, an attorney can help you navigate the complexities of proving liability in your case.
- Keep Records of Medical Treatments:
- Keep track of all your medical treatments, including doctor’s appointments, hospital visits, and any prescribed treatments related to the accident. This will help document your injuries and the associated costs.
Conclusion:
Medication impairment is a serious issue that can lead to accidents and personal injury claims. In California, if a driver is impaired by medication and causes an accident, they may be found liable for negligence, and the injured party can seek compensation for medical bills, lost wages, pain and suffering, and more. The key to a successful claim will be proving that the medication was the cause of the impairment, and gathering evidence such as police reports, medical records, and witness testimony can be crucial in making your case.
Law Offices of James R. Dickinson – 909-848-8448
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