After you wake up in the hospital, you discover that you were involved in an accident due to being struck by a reckless driver. You may discover that your vehicle was struck by a driver who seemed like they were under the influence. However, there is no alcohol in the driver's system because they were under the influence of prescription medications.
1. Understand the Effects of a Prescription Medication
Prescription medications can leave drivers feeling confused and disoriented. This can lead to the driver making a reckless decision such as driving on the wrong side of the road or swerving in and out of traffic. The driver might have run a red light and struck your vehicle.
2. Be Wary of Settlement Offers
If you were hit by a driver under the influence of prescription medications, do not settle right away. You may have no idea how much your settlement may actually be worth. The insurance provider of the at-fault party will likely pressure you to settle right away. When you receive a settlement offer, you will be asked to sign a release of liability. This will lead to you being unable to seek compensation from the other driver for your injuries afterward. However, if your condition has not stabilized yet, you won't know if your condition might become worse.
3. Know the Role That the DUI Will Play in Your Case
If the other driver has committed a prescription medication DUI and is convicted, this can potentially benefit your case and an insurance provider might be more willing to settle for a higher amount. Unlike with DUI cases involving alcohol, whether or not you are considered responsible for a DUI with prescription medications depends on whether you are considered to be impaired. You'll want to speak with a car accident lawyer and find out whether the other driver was found to be impaired.
4. Prepare Common Defenses
The DUI driver will likely try to have the DUI charges dismissed. Their insurance provider will likely try to argue that you were partially at fault. The driver must be more than 50% at fault for the accident for you to be entitled to compensation for your injuries. Regardless of how terrible your injuries are, there are limits to how much the insurance provider will compensate you. However, you will not receive the maximum limit for compensation unless you can prove that it is justified.
