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According to a recent study by the Governors Highway Safety Association, 43% of drivers involved in fatal accidents were under the influence of legal or illegal drugs.
Oklahoma Laws Regarding Driving Under the Influence of Prescription Drugs
Oklahoma law prohibits driving under the influence of any substance that impairs a person’s ability to operate a vehicle safely, including prescription medications. According to 47 O.S. § 11-902, it is unlawful for any person to drive, operate, or be in actual physical control of a motor vehicle within the state who:
- Has a blood or breath alcohol concentration of 0.08 or more
- Is under the influence of any intoxicating substance other than alcohol, which may render the person incapable of safely driving or operating a motor vehicle
- Is under the combined influence of alcohol and any other intoxicating substance which may render the person incapable of safely driving or operating a motor vehicle
If a driver causes an accident while under the influence of prescription medication that impairs their ability to drive safely, they can be held liable for the resulting damages and injuries.
47 O.S. § 11-904 provides an affirmative defense for drivers who can prove that they were taking the medication according to a valid prescription and were not aware that it would impair their driving ability.
What if I wasn’t aware that my prescription medication could impair my driving ability?
As a driver, you are responsible for being aware of the potential side effects of any medications you are taking. Ignorance of the impairing effects is not a valid defense against liability. Always read the warning labels and consult with your doctor or pharmacist if you have any concerns.
Understanding the Legal Concept of Negligence
In personal injury cases, including car accidents, negligence plays a crucial role in determining liability. Negligence occurs when a person fails to exercise reasonable care, resulting in harm or damage to another person or their property. To establish negligence, four elements must be proven:
- Duty of care: The defendant owed a duty of care to the plaintiff.
- Breach of duty: The defendant breached that duty of care by acting or failing to act in a certain way.
- Causation: The defendant’s breach of duty directly caused the plaintiff’s injuries or damages.
- Damages: The plaintiff suffered actual harm or losses as a result of the defendant’s actions or inaction.
Can I be held liable for a car accident if I was taking my prescription medication as directed?
If you were taking your prescription medication exactly as prescribed by your doctor and did not experience any impairing side effects, you may not be held liable for a car accident. However, if the medication’s warning label cautioned against driving and you chose to drive anyway, you could still be found negligent.
Factors Affecting Liability
When determining liability in a car accident case involving prescription medication, several factors must be considered:
- Warning labels: If a driver disregards warnings against operating heavy machinery or driving while taking the medication and causes an accident, they may be found liable for negligence.
- Dosage: If the driver took more than the prescribed amount and this contributed to the accident, they may be held responsible.
- Interactions with other substances: If a driver combines their prescription medication with another substance that enhances its impairing effects, they may be found liable for any resulting accidents.
- Medical conditions: If the driver’s medical condition itself impaired their ability to drive safely, this may be taken into account.
Oklahoma follows a modified comparative negligence rule, which means that a victim can recover damages as long as they are found to be less than 50% at fault for the accident. If the victim is found to be 50% or more at fault, they cannot recover any damages.
What if the other driver was also at fault for the accident, but I was under the influence of prescription medication?
If you are found to be less than 50% at fault for the accident, you may still be able to recover damages from the other driver under Oklahoma’s modified comparative negligence rule. However, your damages will be reduced by the percentage of your fault. If you are found to be 50% or more at fault, you will not be able to recover any damages from the other driver.
Steps to Take After an Accident Caused by a Driver Impaired by Prescription Medication
If you have been involved in an accident caused by a driver impaired by prescription medication, take the following steps to protect your rights and strengthen your claim:
- Seek medical attention for any injuries and follow your doctor’s treatment plan.
- Report the accident to the police and obtain a copy of the accident report.
- Gather evidence at the scene, including photos of the damage, witness contact information, and the other driver’s insurance and contact details.
- Notify your insurance company of the accident, but refrain from giving a recorded statement or accepting a settlement offer without consulting an attorney.
- Contact an experienced Oklahoma car accident attorney to discuss your case and explore your legal options.
An attorney can help you navigate the complex legal process, gather evidence to support your claim, negotiate with insurance companies, and fight for the compensation you deserve.
Can I refuse a drug test if I am suspected of being under the influence of prescription medication after an accident?
In Oklahoma, if the police have probable cause to believe that you are under the influence of any impairing substance, you may be required to submit to a drug test. Refusal to do so can result in administrative penalties, such as license suspension, and may be used as evidence against you in a liability case.
How can I prove that my prescription medication did not contribute to the accident?
To demonstrate that your prescription medication did not play a role in the accident, you may need to provide evidence, such as medical records showing your condition and the prescribed dosage, testimony from your doctor about the medication’s effects, and any available toxicology reports. An experienced personal injury attorney can help you gather and present this evidence.