View Full Version : Increased Liability for auto collisions on meds?
stanzen 04-14-05, 11:41 AM If I am taking a prescribed dose of amphetamine or methylphenadate, drive, and get in an auto collision, am I at increased legal and financial liability for the collision?
I don't feel that my meds affect my driving, they seem to slow me down a bit, which is a good thing. But I can envision circumstances where a drug test after a collision might be used against me or anybody on meds.
Anybody had experience with this? I noticed a thread on licensing for bus drivers and thought about this.
I can't see how you would be, taking a legally prescribed dose. I would guess that ADD meds at prescribed doses would tend to improve reaction time (although there is the odd exception, like when strattera made me drowsy.)
healthwiz 04-14-05, 01:13 PM Hey, it might be the other way around. If you are prescribed an ADD medication and don't take it, and then get in an auto accident....
Gregster 04-14-05, 04:38 PM I can't imagine how the issue would come up - you can't force someone to have a blood or urine test without a warrant, am I right? At least for a personal vehicle - I guess it would be different for a commercial operator? In Ontario a breath sample for alcohol could be demanded, if signs of intoxication were evident.
stanzen 04-14-05, 11:32 PM I can't imagine how the issue would come up - you can't force someone to have a blood or urine test without a warrant, am I right?
In California, in order to aquire a drivers license, you agree to a breath test and a blood test for both drugs and alcohol if a police officer suspects you of driving under the influence. No warrent is necessary.
OK, so I just found this on the California DMV website:
"The use of any drug (and the law does not distinguish between prescription, over-the-counter, or illegal drugs) which impairs your ability to drive safely is illegal. Check with your physician or pharmacist and read the warning label if you are not sure you should drive after taking any medication. Here are some facts:
. . . Pep pills, “uppers,” and diet pills can make a driver more alert for a short time. Later, however, they can cause a person to be nervous, dizzy, and not able to concentrate. They can also affect vision.
Make sure you read the label and know the effects of any drug you use."
-http://www.dmv.ca.gov/pubs/hdbk/pgs71thru76.htm
My pills come with a warning, as well. This drug may impair your ability to operate a motor vehicle.
I live in a very litiginous state where fault for a collision is important for law suits. I like to know what to expect and what to avoid (like a blood test) if the unexpected happens.
healthwiz 04-14-05, 11:45 PM I wonder if someone could sue because you DIDN'T take your prescription medication, and subsequently were at fault in an auto collision? Is there any liability to take your medication?
This is kind of interesting, and I suppose I never thought about it that way. When I went to get my licence, they ask the question "Do you have any medical condition which requires that you take medication?" and I always answer "No." My reasoning is that I got through 29 years of life without medication but with ADD, so I certainly am not required to take meds. I've also never had an accident and haven't gotten a ticket in 8 years.
shinobi 04-15-05, 02:39 AM i know that when i was on diazepam (valium) i wasnt etitled to a license bacause it was for anziaty. Same with lorazopam. Then again the person who i was talking to at the licencing ecenter was an ***-hole and Western Australia is a very policed state.
stanzen 04-15-05, 02:11 PM So, when I have to renew my DL later this year, I will indulge in a bit of denial. My lips are sealed!
I can't see how legal ADD medication would go against anybody. If you are that nervous about it you could have some type of documentation on you/in your car stated states you have been prescribed the medication legally. I know there are also some recent studies which have shown that longer acting stimulants actually help to improve driving in teens too.
I don't know if answering no about taking ADD meds would actually be lying. In my own situation I don't consider my ADD meds a neccesity.
As for being sued...If you are at fault people can try to sure whether you are on meds or not. I don't see the issues of meds really coming into play.
healthwiz 04-17-05, 12:07 AM key word, "requires" so i think you have a good pt there, we are not "required" to take medication for ADD
healthwiz 04-17-05, 12:08 AM i might also add i am a very good driver, with few accidents to my fault; however, i do seem to drive like a maniac to my passengers, i'm just a little bit of an aggressive driver, but safe..... and a good record.
:)
A word of warning. I was a very good driver before starting on ritalin. No tickets in 5 years of driving. All in the first week I was on the drug I partially ran a red light, drifted out of my lane nearly sideswiping someone, and had another near collision. From that point on I noticed that I could not talk on the phone while driving nor even change the radio station without risking a serious accident. So, be extra cautious as things may be different for you on medication.
healthwiz 04-18-05, 06:10 PM Re: Word of Warning
Thank you for sharing that with us. If more people have had that experience, its important to get that info; even if only one person had that experience, so people can be informed it is a possibility.
My first reaction is to ask whether the medication might not be working well for you? I have not had any similar analogy to your experience with amphetimines; they seem to be attention and performance enhancers from my subjective experience.
Has anyone else had this problem, who is also quite certain that the medication is an effective treatment for them?
Jon
A word of warning. I was a very good driver before starting on ritalin. No tickets in 5 years of driving. All in the first week I was on the drug I partially ran a red light, drifted out of my lane nearly sideswiping someone, and had another near collision. From that point on I noticed that I could not talk on the phone while driving nor even change the radio station without risking a serious accident. So, be extra cautious as things may be different for you on medication.
I don't usually multi-task while driving so I don't notice much of a difference on meds vs off meds. I do notice that in general I do less mult-tasking when I am on my meds. The meds allow for me to only focus on one thing at a time. I really can see how meds might make it harder for somebody multi-task while driving if they were used to doing it before meds.
Gregster 04-19-05, 09:25 AM My driving is much calmer and less aggressive with stimulants - less frustration, I'm in less of a hurry, etc.
I do tend to hyperfocus while driving - I pay attention - so I'm not prone to accidents, knock on wood - but I risk fewer speeding tickets with meds.
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