Yes. Under Oklahoma’s DUI statute, 47 O.S. § 11-902, a driver who causes a crash while impaired by prescription medication that leaves them unable to drive safely can be held liable for the resulting injuries. Fault is then allocated under Oklahoma’s comparative negligence law, which can reduce or bar recovery.
According to the Governors Highway Safety Association, 56% of drivers involved in fatal accidents were under the influence of legal or illegal drugs. The National Institute on Drug Abuse notes that many prescription and over-the-counter medications can affect the skills a driver needs, including reaction time, coordination, and judgment.
Oklahoma’s Law on Driving Under the Influence of Prescription Medication
Oklahoma law prohibits driving under the influence of any substance that impairs a person’s ability to operate a vehicle safely, including prescription medications. Under 47 O.S. § 11-902 (Justia), it is unlawful to drive, operate, or be in actual physical control of a vehicle while under the influence of alcohol or any other substance, including prescription drugs, that leaves the driver incapable of driving safely.
Being lawfully prescribed a medication is not automatically a defense. The statute itself says that lawful entitlement to use a controlled or intoxicating substance does not excuse a violation, so what matters is whether the driver knew, or should have known, that the medication could impair driving, and whether they drove anyway.
What if I did not know my medication could impair my driving?
Drivers are expected to know the potential side effects of medications they take. Not reading the warning label is not a valid defense to a liability claim. Always review medication labels and ask a doctor or pharmacist about driving-related side effects before getting behind the wheel.
Negligence, Liability, and Comparative Fault in a Prescription-Impaired Crash
When a prescription-impaired driver causes a wreck, negligence law determines who is responsible for the harm, and an attorney who regularly handles impaired-driving crash claims in Oklahoma can help establish what happened. To prove negligence, an injured person must show the other driver owed a duty of care, breached it, and caused damages as a result. A driver who gets behind the wheel while impaired by a medication that affects their driving has generally breached that duty.
Several facts can affect how liability is assigned: whether the driver ignored a warning label against driving or operating machinery, whether they took more than the prescribed dose, whether they combined the medication with alcohol or another substance, and whether an underlying medical condition, rather than the medication itself, contributed to the crash.
Oklahoma follows a modified comparative negligence rule. Under 23 O.S. § 13 and § 14, an injured person can still recover damages unless their own fault exceeds 50 percent. At exactly 50 percent fault, they still recover, reduced by their percentage of fault. If a prescription-impaired driver caused the crash and the other driver was partly at fault too, each side’s recovery is adjusted for its own share of fault, and only a fault share exceeding half of the total bars a recovery entirely. An injured person who is less at fault than the other driver may still be able to pursue compensation for their losses.
Can I still be held liable if I took my medication exactly as prescribed?
Taking a medication exactly as prescribed, without ignoring a warning label, can weigh against a finding of negligence. But if the label warned against driving and the driver drove anyway, a court can still find negligence even though the medication itself was taken correctly.
Steps to Take After a Crash Caused by a Prescription-Impaired Driver
- Get medical attention for any injuries and follow the treatment plan.
- Report the crash to police and request a copy of the accident report.
- Photograph the scene and collect witness contact information and the other driver’s insurance details.
- Notify your insurer, but avoid a recorded statement or a decision on whether a settlement offer is fair before talking to an attorney.
- Contact an experienced Oklahoma car accident attorney to discuss the crash and your options.
An attorney can help gather evidence, including medical records, toxicology results, and witness statements, and can walk you through how the insurance claims process works in a case like this.
Can I refuse a drug test after the accident?
If police have probable cause to believe you are under the influence of an impairing substance, you may be required to submit to a drug test. Refusing can bring administrative penalties, such as a license suspension, and can be used as evidence in a liability case.
How can I prove my prescription medication did not cause the accident?
Medical records showing your condition and prescribed dosage, testimony from your doctor about the medication’s effects, and toxicology reports can all help show that your medication did not contribute to the crash. An experienced personal injury attorney can help gather and present this evidence.
Get Help From an Oklahoma Car Accident Lawyer
If a driver impaired by prescription medication caused your crash, the attorneys at Hasbrook & Hasbrook can review the accident report, evaluate fault, and help you pursue the compensation the law allows. Call 405-605-2426 to discuss what happened.
