The state of Texas takes driver liability seriously, with strict regulations in place to ensure the safety of all road users. One particular area of concern is the use of prescription medication while driving. Since some prescriptions impair a person’s ability to function, it is a common question to wonder if drivers are liable for accidents if they used prescription medication.
In this article, the Dallas DWI prescription drugs lawyers at The Law Offices of Randall B. Isenberg will explore the laws regarding prescription medication and driving in Texas, examine the implications of using prescription medication while operating a vehicle, and discuss if drivers can minimize their liability in such situations.
What Are the Laws Regarding Prescription Medication and Driving in Texas?
Texas law prohibits impaired driving, which includes driving under the influence of prescription drugs. So, even if a driver has a valid prescription for a medication, they can still be charged with a DUI if the drug impairs their ability to drive safely.
Penalties for driving under the influence of prescription drugs can include fines, license suspension, mandatory drug education programs, and even jail time. Additionally, drivers are legally required to follow the instructions and warnings provided by their healthcare
professionals and prescription labels.
Can a Driver Be Held Liable for Using Prescription Medication While Driving?
Drivers can be held liable for using prescription medication while driving if it impairs their ability to operate a vehicle safely. It is the responsibility of the driver to ensure that they are not impaired by the medication they are taking.
According to the National Highway Traffic Safety Association, different types of prescription drugs can have varying effects on driving ability. Some medications may cause drowsiness, dizziness, or impaired judgment. Factors that determine impairment include dosage, the individual’s tolerance to the medication, and potential interactions with other substances.
In cases of accidents caused by prescription medication use, liability can be established based on legal standards. To successfully prove liability, the injured party must demonstrate that the driver’s impairment was a result of the prescription medication and that this impairment directly caused the accident.
What Defenses Can a Driver Use to Avoid Liability for Driving While Using Prescription Medication?
Drivers using prescription medication may have defenses available to them. This could include proving that they were following medical advice and prescription instructions, as well as demonstrating that they were not aware of the impairing effects of the medication. However, it is important to note that ignorance of the medication’s effects is not a foolproof defense.
With the help of a skilled Dallas criminal defense lawyer, drivers may be able to employ the following defenses:
- Compliance with prescribed dosage: Drivers may argue that they were using the medication as prescribed by their healthcare provider and within the recommended dosage limits. This defense aims to show that they were taking the medication responsibly and not exceeding the prescribed limits.
- Unforeseeable side effects: Some prescriptions may have unexpected side effects that could impair driving ability. If the driver can show that they were not aware or reasonably could not have foreseen the impairing side effects of the medication, they may argue that they were not negligent in their decision to drive while using the medication.
- Necessity or medical need: In certain situations, a driver may argue that they had a compelling necessity or medical need to use the prescription medication while driving. For example, if the medication is crucial for managing a chronic condition or preventing a medical emergency.
- Valid prescription: Drivers may assert that they had a valid prescription for the medication they were using and that they were using it in accordance with the instructions provided by their healthcare provider. This defense emphasizes the legality and legitimacy of their medication use.
- Not the proximate cause of the accident: Even if a driver was using prescription medication, they may argue that their medication use was not the proximate cause of the accident. They may contend that other factors, such as another driver’s negligence or external circumstances, were primarily responsible for the accident.
How Can a Driver Minimize Liability When Using Prescription Medication?
To minimize liability when using prescription medication, drivers must ensure they are following medical advice and prescription instructions. This includes not exceeding recommended dosages and refraining from combining medication with alcohol or other substances.
Consulting healthcare professionals about the effects of medication on driving is essential. Doctors and pharmacists can provide valuable information regarding potential side effects and precautions to take while operating a vehicle. They may also suggest alternative medications with fewer impairing effects.
When it is not safe to drive due to medication use, drivers should consider alternative transportation options such as public transit, ridesharing services like Uber or Lyft, or asking a sober friend or family member for a lift. Planning ahead can greatly reduce the risk of accidents and potential liability.
What Steps Should Be Taken if Involved in an Accident While Using Prescription Medication?
If involved in an accident while using prescription medication, it is essential to remain calm and take immediate action at the scene. This includes providing assistance if needed, exchanging relevant information with other parties involved, and contacting emergency services if necessary.
Reporting the accident to law enforcement and insurance companies is a vital next step. This ensures that the incident is properly documented and allows for the initiation of insurance claims and potential investigations.
Additionally, seeking professional legal advice from a Dallas DWI prescription drugs lawyer is necessary to navigate the legal considerations that may arise from the accident. The Law Offices of Randall B. Isenberg has knowledgeable attorneys who can help protect the driver’s rights and provide guidance on potential liability issues. Contact us today.
