Under Louisiana Revised Statute §14:98, it is illegal to drive under the influence of any substance that inhibits your ability to drive safely. Sometimes, after ingesting an over-the-counter (OTC) medication, people assume that it is still safe ––and legal––to drive. It is not. For example, if a motorist consumed an antihistamine that resulted in excessive drowsiness, and their fatigue led to an accident, they could be charged with a crime and held financially liable.
If you were injured in a truck accident caused by someone driving under the influence of an OTC drug, call Laborde Earles Injury Lawyers today. A Lafayette over-the-counter drug use OTC drugs lawyer can assign liability and pursue the cost of your incurred expenses. We urge you to take prompt legal action since, under Louisiana Civil Code §3492, you only have one year from the date of the collision to file a lawsuit. You may not have a long time to seek justice.
Reach out to a Lafayette truck accident lawyer to discuss your situation.
Injuries Caused by a Truck Accident
According to the National Highway Traffic Safety Administration (NHTSA), in 2017, large truck accidents killed over 4,700 people nationwide. When these large trucks collide with a smaller passenger vehicle, it is no mystery who suffers the more severe injuries.
Right now, you may be recovering from:
- Broken or fractured bones
- Cuts and lacerations
- Internal bleeding
- Spinal cord trauma
- Traumatic brain injury
- Organ damage
No matter how severe your injuries are, our legal team can help you. After you have received medical attention, we encourage you to consider your options for financial recovery.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.Client
Liable Parties in a Truck Accident
Following a truck accident, you may be able to pursue compensation from multiple parties. In the course of your legal team’s investigation, they will need to review various forms of evidence that establish liability.
This could include:
- The police report
- The trucker’s logbook
- Photos and videos of the accident scene
- Your medical records
- Eyewitness testimony
- Statements from a third-party field expert, including medical professionals and accident reconstruction specialists
After reviewing the evidence in your case, your Lafayette over-the-counter drug use OTC drugs lawyer can determine who is responsible for your losses.
From there, you may be able to pursue compensation from:
If a trucker under the influence of an OTC drug caused the accident, you may be able to hold them financially liable for your losses.
The Trucking Company
To accommodate demanding delivery schedules, sometimes companies pressure their truckers into making deliveries by any means necessary. Many truckers use OTC stimulants to stay awake during long journeys. According to the Legal Information Institute (LII), under the doctrine “respondeat superior,” you may be able to hold the trucking company responsible for the actions of their employee.
Your legal team may be able to hold additional parties liable that we have not listed here. Even if we discover that the trucker was not under the influence of any drugs at the time of your accident, you still have legal options. To begin a free case review, call a Lafayette personal injury lawyer today to schedule your consultation.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.Rick Smith | Client
Establishing Negligence in a Truck Accident
Many commonly used OTC drugs, even though they are legally obtained and used, can hamper a user’s driving ability. Commonly consumed medications such as antidepressants, opioids, and prescription drugs can lead to impairment. Your Lafayette over-the-counter drug use OTC drugs lawyer will need to determine how the liable party’s negligence resulted in your injuries.
They will need to establish:
- Duty of care. All motorists have a duty of care to take actions expected of a responsible driver in the same situation. For example, a driver has a duty of care to not operate a vehicle while using any medications that could hinder safe driving practices.
- Breach of duty of care. In your situation, your legal team would need to prove that because the other driver was operating a vehicle under the influence of an OTC drug, they violated their duty of care.
- Causation. Your legal team will need to review the evidence in your case to demonstrate that because the other party breached their duty of care, they caused the collision.
- Damages. Your lawyer can review your invoices, billing statements, and receipts pertaining to your collision-related expenses. Here, their goal is to establish that the accident resulted in your injuries and associated financial losses.
To learn more about how your lawyer can establish these elements in your case, call Laborde Earles Injury Lawyers today.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.Client
Recoverable Damages Following a Truck Accident
Your case could be successful either through an insurance settlement or a court award. The types of losses you are hoping to recover through a civil action will rest upon the details of your case.
Your Lafayette over-the-counter drug lawyer may be able to help you pursue costs associated with:
- Medical bills
- Lost wages
- Diminished earning capacity
- Property damage
- Pain and suffering and inconvenience
- Emotional trauma
As we mentioned earlier, if you do not act within the state’s statute of limitations, you could be time-barred from filing a lawsuit. In this situation, you may find yourself paying for your collision-related damages out of pocket. Of course, you want to avoid this. To take the first step in promoting your chances of financial recovery, call Laborde Earles Injury Lawyers now.
They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.Client
Call Today to Begin a Free Case Review
We believe that you should not have to suffer the injuries and financial losses of a truck accident you did not cause. When you call Laborde Earles Injury Lawyers today, we can assess your legal options and create a plan of action. Our team works on a contingency fee basis. We do not charge any fees until the successful resolution of your case. If we cannot get financial recovery for you and your family, then you do not owe us our attorney’s fees.
To get started, call Laborde Earles Injury Lawyers today at (337) 777-7777.