Car Accidents Caused By Prescription Drugs

Safely operating a motor vehicle requires significant focus. Unfortunately, even if someone is generally a responsible motorist, their ability to pay full attention to the road in front of them may be compromised due to side effects of prescription drugs.

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.

Seeking Compensation in Massachusetts When an Accident Results from Prescription Drug Side Effects

The vast majority of the time, the driver who caused your accident will be considered the liable party if the collision was a result of prescription drug side effects. In some instances, it might be possible for an attorney to show that the drug manufacturer or other such party should be liable because they failed to properly warn customers about the side effects a medication might cause. Generally, though, it’s much more common to treat the driver as the negligent party, the same way you would if a motorist caused a collision due to drunk driving.

Drivers should simply be aware that proving their injuries and losses meet the threshold necessary to justify filing a third-party claim may require presenting thorough documentation of their losses. Additionally, proving that an accident resulted from another driver’s negligence might require conducting an in-depth investigation into an accident.

These are not tasks you need to handle on your own. If you hire a lawyer, while you focus on recovering from your accident, your attorney can handle the process of building a strong case on your behalf.

If you’ve been hurt in a car accident and you suspect prescription drug side effects played a role in causing it, review your case with a Boston car accident attorney at Swartz & Swartz, P.C. We’ll explain how you may proceed. If you choose to hire us, we’ll also offer the aggressive representation you deserve. Get started today by contacting us online or calling us at (617) 742-1900 to request a free consultation.

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If you or someone you know, needs help from a lawyer, contact the law offices of Swartz & Swartz, use our live chat, or send us a message using the form below and we’ll get in touch to assess your case and how we can help.