Injury Lawyer For Accidents Caused By Prescription Drugs In Dallas
When most people think of driving while impaired, they think of alcohol. However, that is not the only way that a driver can be in a state that increases their risk of an accident. Prescription drugs can and do affect the way that a person’s reflexes and judgment work, and they can cause drivers to become sleepy. When abused, they can be even more dangerous. According to the National Institute on Drug Abuse, Texas doctors prescribed roughly 53 opioid prescriptions for every 100 people. And that is only one kind of prescription!
Since drivers who are impaired have slower reflexes, they can cause accidents that are more devastating than others. They may not be able to slow down in time, crashing into other vehicles or pedestrians with more speed than common accidents. At our firm, a Dallas car accident law firm, , we can help injured people pursue compensation from drivers who cause these wrecks due to their use of prescription drugs. Some of the injuries that previous clients have had include:
- Traumatic Brain Injuries (TBIs)
- Lost limbs
- Spinal cord injuries
If you are injured in a car accident caused by prescription drugs, we may be able to help you fight for the compensation you are owed.
Figuring Out Fault in My Claim
The central issue that affects personal injury claims in Texas is the notion of fault. This is a measure of the blame that is apportioned to everyone involved in the accident. In cases that involve prescription drug use, there may be multiple individuals responsible for the crash, and finding the correct entity to sue can help make a claim successful.
Perhaps the most obvious at-fault party in a prescription drug accident is the person who drove while having consumed the drug. In the Texas Penal Code §49, the law dictates that a person can be intoxicated by using drugs and not just alcohol. This includes prescription drugs, as long as they impair the person’s ability to function in a normal capacity. By violating this statute, the driver takes on blame for the crash and the damages they cause.
On the other hand, there may be some situations in which the driver who used prescription drugs is the victim of manufacturing error. Though rare, it may be possible that the drug manufacturer mislabeled the drug or included ingredients by accident. In these situations, it may be possible for the injured person in the accident to pursue compensation from the manufacturer as well due to their negligence.
Suing an individual citizen is one thing, but going up against a large pharmaceutical company is entirely different. For those cases, it is imperative that the injured person seeks help from attorneys with experience in these matters.
When I Share Some Blame
Sometimes, you may be found partially responsible for the accident that resulted in your injuries. For example, it is possible that the driver who was impaired by prescription drugs is mostly at-fault, but that you were speeding at the time of the crash and thus also share some blame. In these situations, Texas law allows you to recover compensation as long as you are no more than 50% responsible for the accident. This system of proportionate responsibility, found in Texas Civil Practice and Remedies Code §33, works by reducing your total compensation by the same percentage as your percentage of fault.
For example, let’s say you have $100,000 in damages. If you are found to be 10% responsible for the accident, you may recover up to $90,000 in compensation rather than the full amount, as you are considered responsible for that 10% of damages.
Finding Evidence of Prescription Drug Use
Evidence of the opposing driver’s prescription drug use can be found in many forms. Of course, having a skilled prescription drug accident lawyer on your side can help immensely, as they may be able to perform their own investigation to dig up as much evidence as possible. Some sources of evidence can include:
- Statements from the opposing driver
- Medical records from the opposing driver
- The police crash report
- Testimony from expert witnesses such as medical doctors
Other forms of evidence, like photos of the accident scene, your own medical records, and eyewitness testimony, are also important for showing fault and cataloging the value of your damages. With help from a knowledgeable attorney, you may be able to evaluate the value of your claim and receive the best possible resolution to help you and your family move forward with your lives.
Getting My FREE Consultation
Dallas Car Accident Lawyers has experience handling prescription drug car accident claims just like yours. We can help you sort out medical care, investigate to find and preserve evidence, deal with opposing counsel at the negotiating table, and argue your case in court. Even better, we do not collect a fee unless we win your claim.
To get a FREE consultation today and begin discussing the merits and value of your claim, fill out the form on our contact page and we will be in touch as soon as possible. If you prefer to call, dial (214) 305-8277 to speak to a representative now.