Over-the-Counter Drug Use and Truck Accidents

When many people think of the dangers of driving under the influence, it is mostly with regard to alcohol or illegal drugs. However, some over-the-counter medication use is just as dangerous when operating a vehicle, especially a large truck. Many truck accidents and the associated injuries may be attributed to a driver who was under the influence of an over-the-counter drug. The Miami truck accidents at the Law Offices of Robert Dixon offer legal guidance to people injured by an impaired truck driver. We know that the aftermath of an accident may be a stressful time, and we are dedicated to making sure that your legal rights are protected from the time of the initial investigation into a crash’s cause until the resolution of any legal proceedings.

Pursuant to rules set by the Federal Motor Carrier Safety Administration, all commercial drivers are subject to drug testing to determine whether they are fit to operate the massive vehicles entrusted to them. These tests are mostly intended to detect illegal drugs, such as methamphetamines, cocaine, and marijuana. However, some over-the-counter drugs may be just as dangerous when combined with driving a large vehicle, especially if they are taken to keep a fatigued driver awake to make a delivery deadline or if they are taken in doses not recommended by the manufacturer. Even medications taken in proper dosages may cause a driver to have a delayed response time or other impairments as a result, such as with drowsiness caused by certain cold or flu medicines.

If you have been injured in a collision with a truck driver who you believe was under the influence of over-the-counter drugs, you may be entitled to damages through a personal injury claim. Additionally, the truck driver’s employer trucking company may also be liable either vicariously, if the driver was acting in pursuit of their job duties, or directly, if the company itself acted negligently, such as by hiring a driver with a history of traffic infractions or drug use. If a driver takes a medication that is known to cause drowsiness or an incorrect dosage of a medication, and they engage in reckless driving as a result, they might be found negligent. Negligence is shown when a defendant breaches a duty of reasonable care, causing injuries and resulting in damages.

Investigating the causes of an accident may be difficult. At the scene or immediately afterward, an injured plaintiff may need to request that the truck driver be tested for over-the-counter medications in their system, which is not always an easy task when dealing with injuries. Consulting a knowledgeable and experienced attorney as soon as possible following a truck accident may be vital in making sure that your rights are protected.

If you need legal assistance following a truck crash, the Miami attorneys at the Law Offices of Robert Dixon can help you determine your next steps. We help victims in Miami, West Palm Beach, and other cities in Miami-Dade, Broward, and Palm Beach Counties as they seek full compensation for the injuries caused by a negligent truck driver or company. Call 877.499.4878 or contact us online to set up a free, no-obligation consultation with a motor vehicle collision.