Car accidents caused by drivers under the influence are an unfortunate reality—and it’s not always alcohol or illegal drugs to blame. Prescription drugs, when misused, or not being used as doctor prescribe, or abused, are becoming a growing concern on Indiana roads. If you or a loved one has been injured by a driver impaired by prescription drugs or not using prescriptions as ordered by their doctors, navigating the legal and recovery process can feel overwhelming.

This guide explores how prescription drug-related accidents occur, the legal implications for victims, and the steps you can take to secure full and fair compensation and support. Whether you’re seeking legal advice after an accident or simply want to understand your rights, this is for you.

Understanding Prescription Drug-Related Car Accidents

Prescription drug-related accidents occur when a driver under the influence of prescribed medications or sometimes not using their prescribed medications causes harm to others. Certain medications can impair cognitive function, reaction time, and motor skills, making it hazardous to operate a vehicle. Common types of prescription drugs involved in accidents include:

1. Sleep aids (e.g., Ambien, Lunesta): These can cause drowsiness or confusion even hours after use.
2. Painkillers (e.g., Oxycodone, Hydrocodone): Known for slowing reaction times and impairing judgment.
3. Anti-anxiety medications (e.g., Xanax, Ativan): These can cause drowsiness, dizziness, and memory lapses.
4. Stimulants (e.g., Adderall, Ritalin): While designed to increase focus, they can also lead to erratic driving behaviors when abused.
5. Anticonvulsants: A diverse group of pharmacological agents used in the treatment of epileptic seizures.

How Do Prescription Medication DUIs Differ from Alcohol or Illegal Drug DUIs?

While alcohol or illegal drug DUIs are straightforward, prescription drug DUIs often introduce complexities. Drivers may not fully appreciate the impairment caused by legally prescribed medication—or may imply decide they are going to drive even while too medicated or not medicated at all–or unreasonably believe they’re “safe” to drive. Unlike alcohol, which has well-defined limits for impairment (e.g., a BAC of 0.08%), the impact of medications isn’t as easily measured.  Even with alcohol, many people drive unreasonably mistaken in their thinking that they are not impaired “too badly”.

That said, Indiana law still treats impaired driving due to prescription drugs with the same seriousness as other forms of DUI. Common criminal penalties for DUI offenders in Indiana include fines, license suspension, and even jail time.

Legal Implications for Victims of Prescription Drug-Related Accidents

Understanding Indiana’s Prescription Drug DUI Laws

Indiana has clear laws prohibiting drivers from operating vehicles under the influence of any substance that impairs their ability to drive safely—and that includes prescription medications. Even if a drug is legally prescribed, individuals can still be held accountable if their use of the medication or non-use of the medication contributes to an accident.  An example of non-use would be not taking your anti-seizure medication and then driving, having a seizure and causing a collision.

Key takeaways for Indiana residents:

1. Any amount of impairment caused by prescription drugs, if it results in negligent or reckless driving, can lead to arrest, fines, or legal action.
2. Drivers are responsible for understanding the side effects of their medications and should avoid the road if it’s unsafe.
3. Any amount of impairment caused by not taking prescription drugs, if it results in negligent or reckless driving, can lead to arrest, fines or legal action.

Your Rights as a Victim of a Prescription Drug DUI

If you’ve been injured by a prescription drug-impaired driver, you have the right to pursue legal action. Indiana’s personal injury laws allow victims to seek compensation for:

1. Medical expenses: Hospital bills, rehabilitation, medications, and ongoing care.
2. Lost wages and earning capacity: Reimbursement for missed work and reduced future income.
3. Pain and suffering: Financial acknowledgment of emotional distress, pin, trauma, or reduced quality of life.
4. Property damage: Costs for vehicle repairs or replacement.

To protect your rights, it’s essential to consult a lawyer experienced in car accident injuries and personal injury damages.

Seeking Compensation and Support

Steps to Take Immediately After an Accident

The moments following an accident are critical. Here’s what to do:

1. Ensure Safety First: Check yourself and others for injuries. Call 911 immediately.
2. Document the Scene: Take photos or videos of the damage, injuries, license plates, and any visible prescriptions or medications in the other driver’s possession.
3. Get Contact Information: Exchange names, driver’s license details, and insurance information with all involved parties.  Always call the police as they will document facts involved in collisions and the parties.
4. Speak to Witnesses: Record statements from anyone who may have seen the accident.  If not possible, obtain their names, addresses and phone numbers so your attorney may contact them to obtain any relevant facts.
5. Seek Medical Attention: Some injuries may not be immediately visible, so getting checked by a professional is crucial.
6. Hire a Car Accident Lawyer: Reach out to a skilled car accident lawyer who understands Indiana personal injury laws to guide you through the next steps.

Navigating Insurance Claims

Dealing with insurance companies can be daunting, but an experienced attorney can help negotiate with insurers to ensure you receive the compensation you deserve. Here are a few tips to keep in mind:

1. Do not speak with the insurance adjuster for the at-fault driver until you have spoken with an attorney of your choosing and only speak the insurance adjuster with your attorney present.
2. Provide accurate but concise information, but only in the presence of your attorney.  The at-fault insurance adjusters owe you nothing and are trained to ask questions designed to help their side by asking questions that can be responded to with answers that can be misinterpreted.
3. If the other driver’s insurance company contacts you, direct them to your lawyer.

Filing a Personal Injury Lawsuit in Indiana

If the at-fault driver’s insurance is insufficient to cover your damages, or if the insurer refuses to pay fairly, filing a personal injury lawsuit may be necessary. Working with a personal injury lawyer ensures your claim is handled professionally, giving you the best chance to recover full and fair damages.

Frequently Asked Questions

1. Can I still take legal action if the driver was on legally prescribed medication? 

Yes. Even if the driver was using medication prescribed by their doctor, they can still be held liable both criminally and civilly if their impaired driving caused the accident, depending upon the facts of the case.

2. How long do I have to file a claim in Indiana? 

Under Indiana law, you typically have two years from the date of the accident to file a personal injury lawsuit. However, you should consult an attorney as soon as possible to ensure timely filing.  It is best to consult an attorney before you speak to anyone at all.

3. What if the impaired driver claims they didn’t realize the medication would affect their driving? 

Ignorance of a medication’s side effects is not a valid defense. Drivers are responsible for understanding how their prescriptions may impact their ability to drive safely.

4. Do I need a lawyer to file a personal injury claim? 

Working with an experienced attorney significantly increases your chances of receiving fair compensation.  Even if you do not hire an attorney, it is always best to at least speak with one prior to making any decisions regarding your possible case.

PROTECT YOUR RIGHTS AND SEEK JUSTICE

Being injured by a driver impaired by prescription drugs is a life-altering experience. It’s not just about the physical injuries—it’s about the emotional trauma, the financial strain, and the need for accountability.

If you or someone you love has been affected by a prescription drug-related accident in Indiana, don’t wait. Consult a skilled car accident lawyer today who specializes in Indiana personal injury laws and can guide you through the process of seeking compensation and justice.

Looking for help? Get legal advice today! Contact us now at 317-881-2700 to schedule a free consultation with one of Indiana’s leading car accident injury lawyers. You deserve justice, and we’re here to help you get it. Call now before time runs out on your claim!

Related Posts:

Finding Justice on the Road to Recovery After a Drunk Driving Accident
How to Make an Injury Claim Against a Drunk Driver
The 6 Elements of a Prescription Medication Malpractice Lawsuit