You may have questions if you’re ever involved in an accident resulting from prescription drugs or their side effects in Massachusetts. Specifically, you might wonder how liability is assigned in these circumstances.
Keep reading to learn more. The following overview will explain what you need to know about the topic. However, for more thorough information about your specific case, strongly consider meeting with an attorney.
Massachusetts Car Accidents Caused by Prescription Drugs: Important Information About No-Fault Laws
Massachusetts is one of a few states in the country that uses the no-fault method for determining who compensates a motor vehicle accident victim for their medical bills, lost wages, and other such losses.
In an at-fault state, if a negligent party causes an accident, a victim can seek compensation by filing a claim with said party’s insurance. They may also file a lawsuit to seek damages in court if the negligent party is uninsured or their insurance provider refuses to offer a fair settlement.
No-fault states are different. If you’re injured in a car accident in a no-fault state, your own insurance is responsible for compensating you, even if someone else caused your accident.
That said, depending on the severity of your injuries and related losses, it’s possible the amount of money your insurer offers won’t be sufficient to fully compensate you for your damages. If your injuries meet a certain threshold, under Massachusetts law, you may have the option to file a separate third-party claim or lawsuit with the negligent party who caused your accident. An attorney can review your case and explain whether this is an option.
Prescription Drugs Can Cause Impairment
Virtually every driver in the country knows that consuming alcohol, cannabis, or other such drugs before driving can significantly increase one’s chances of causing an accident. That said, because we place so much emphasis on informing motorists of the dangers of intoxicated driving resulting from alcohol and illegal drugs, many forget that prescription drugs can also interfere with their ability to safely operate a motor vehicle.
Do you take any prescription medications? If so, it’s vital that you thoroughly understand their side effects and how they can potentially render you unable to safely drive a car. If you’ve recently taken a medication that causes side effects that might prevent you from driving carefully, don’t get behind the wheel.
Unfortunately, while you might make wise choices in this regard, you can’t control the decisions others make. It’s thus possible you might be harmed in an accident because another motorist failed to account for the way in which a drug’s side effects might impair their driving ability. Once more, in Massachusetts, if your injuries are severe enough, you may pursue compensation by filing an insurance claim accordingly.