Driving while intoxicated does not just mean driving under the influence of alcohol or illegal drugs. Driving under the influence of a prescription drug that affects “the normal use of mental or physical faculties” is also illegal. Our attorneys at Springer & Lyle are concerned about how a person driving under the influence of a prescription drug may be liable for causing a car accident on a roadway.
Proving Fault: Driver was Taking Prescription Drugs
In a personal injury case in Texas involving two cars, an injured person must prove the other driver was at least 50 percent at fault in order to collect damages. When a driver was taking prescription drugs at the time of the accident, factors to be considered include the following:
- The driver was driving erratically at the time of the accident. For example, they were driving in the wrong lane, swerving back and forth, speeding, ran a stop sign.
- Establish the person was taking a prescription drug at the time. This needs to include evidence concerning whether the person was taking the drug as prescribed or taking more or less at the time of the accident.
- Provide expert testimony about how the drug impairs driving. For example, reflexes are slower and judgment is impaired. If the prescription label cautioned against driving while taking the particular drug, this will be easier to prove.
Drivers may be able to defend themselves if they can prove that, even though they were under the influence of their prescription drug and may have been impaired, their impairment was not the cause of the accident.
If you were injured in an accident that you feel was caused by a driver who was impaired due to the use of a prescription drug, the personal injury attorneys at Springer & Lyle can help you obtain the reasonable compensation you are entitled to for your injuries, lost wages, medical expenses, pain and suffering, and other physical damage. Contact us at 940.387.0404 for a free consultation.