Some studies show that certain medication can be associated with driving impairment that can affect a driver’s performance on the road and lead to collisions of varying degrees of severity.
If you get hit by an intoxicated driver, you generally have a very strong case. In Missouri, it is illegal to drive under the influence of drugs and alcohol. So, apart from the claim or lawsuit you may file against the driver, it’s very likely for the state to also intervene and impose its punishments.
However, what if the driver was on prescription medication? Unfortunately, here is where it gets rather complicated.
Driving while on Prescription Drugs
Most adults need to drive to keep their daily lives going. Unfortunately, some studies show that certain medication can be associated with driving impairment that can affect a driver’s performance on the road and lead to collisions of varying degrees of severity.
However, experts also say it is rather difficult to know if the driving impairment was caused by the prescribed drug, the person’s condition, or a combination of the two. And it’s these uncertainties that can affect a car accident claim.
What Does the Law Say?
In Missouri, it is illegal to drive under the influence of substances, including prescription drugs if they affect a person’s ability to be safe on the road. The laws explicitly mention the use of controlled substances, so by that definition, it may be possible to file a claim against an erratic driver under the influence of prescription drugs.
The state believes that even though these substances are legal, and a person needs to take them to treat themselves, they should be very cautious in how much or how often they do it if they also need to drive.
So if you intend to file a lawsuit against the other driver, it’s very likely to have a positive outcome since the law is on your side. However, most car accidents claims go through one of the driver’s insurance company, which means you may not be dealing with a judge and jury, but with an insurance adjuster.
And you might not go to trial even if you want to. First, a Missouri judge has to rule you have a case for trial. However, in these instances, it’s very likely for them to rule that the matter should be left out of court. You’ll need clear evidence of negligence or that the other driver intentionally tried to hurt you to go to trial.
What Should You Do?
Even if the law is clear, you still might be in for a lengthy battle to get compensation. Reach out to an experienced St. Louis car accident lawyer to help you with your case, and represent your interests in all legal proceedings.
Not only can they make sure the other side doesn’t use their prescription drugs use as an excuse to get out of paying for
Give us a call 24/7 for a FREE consultation with an experienced car accident lawyer :: (314) 361-4242
