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Legal ramifications
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mtjm55 posted:
I was wondering if anyone may have some information on any legal ramifications of, say for an example, I'm on MS Contin and I get into a traffic accident. I'm sure you all see where this is going. This accident would be none of my fault, but somehow it came out that I was on this pain medication. I'm thinking some lawyer would try to say this accident was all my fault because I was 'high' on this legally prescribed pain medication. Is there any way or any law to protect me from getting screwed over? Or is my only recourse to hire a high priced lawyer, which in itself would be very hard to pay for, having as my only source of income my SSDI.
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blessedladyptl responded:
It would depend on several things and it also depends on where you live and what the laws are. If the accident wasn't your fault and you aren't showing any of the side effects of pain meds like slowed reflexes, being sleepy/drowsy, etc then you may not have a problem. But, even if the accident wasn't your fault, if you show any signs of the meds affecting your judgement or ability to drive you more than likely would be charged with operating a motor vehicle while under the influence, or whatever your states has that means the same thing.

Also, if you have your meds with you they would need to be in the prescription bottle that they came in.
 
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Anon_57995 responded:
A lot depends on the police report and which driver is at fault.

Taking Rx MSC may not be a factor if the accident was not caused by you.

If you were not cited by the police as being at wrong in causing the accident, then the plaintiff has no cause against you. No one can be considered at fault merely for taking prescribed medicines.

You have already said that the accident was not your fault.

Has the other party filed a law suit for damages?

Have you consulted your insurance company?

If you are arrested for being at fault due to any traffic violation, then you really should seek legal counsel.

If there is no lawsuit filed against you, then you need not worry.

The real question, regarding any law suit, is damages. Has the other party incurred damages above his or your liability limits of your car insurance policy?

I'm getting carried away. The actual question you asked, that if there are laws protecting you. The answer is yes, there are.

If the accident was your fault and the plaintiff's claim is above your insurance liabilities, then you may have to consult an attorney.

Mostly, insurance pays the maximum value and seldom do plaintiffs get more than the insurance will pay.

Bottom line: don't worry about this.

We're you injured in this accident? If so, speak with your insurance company and not the other party's insurance company, and do not sign any documents from the other party's insurance company. Work ONLY with your car insurance company. It trouble arises, they will advise you when and if you will require legal counsel.
 
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mtjm55 replied to blessedladyptl's response:
This question was a "what if" question.Thanks, and if I ever have meds in my car they are in the proper container.
 
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mtjm55 replied to Anon_57995's response:
This was a " what if " question. I'm just kinda nervous about the new meds-----they make me a little buzzed right now------I'm sure that will go away as I get used to this new med.
Thanks
 
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blessedladyptl responded:
You should wait until your body gets use to the meds and they don't have a negative effect on you. You do not have to have a accident to be charged with driving under the influence.
 
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ctbeth replied to mtjm55's response:
Mostly, it's good that you didn't get injured.

Your situation, and I have thought about the "what if" in this situation, too.

We're really in a gray area regarding driving.

A person who is. To tolerant can take one Percocet of 5mg and be impaired from driving safely; I take 30 mg of MSContin and am not I impaired from driving at all.

I am fortunate in that I have a driver, but I also drive a little myself. I am both tolerant to the effects that would impair my driving, and I know that, at least for me, driving with the pain of not. Eying medicated would make me far more dangerous.

Not just for you, but for all of us, there really isn't an answer, as blood level does not indicate our level of safety to drive.

Great topic, and much food for thought-
 
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rhyenn replied to ctbeth's response:
You've been especially kind to me as I found this as an outlet but above I replied to Blessed whatever! Just letting you know she is the reason I'm bowing out this is supposed to be supportive and at best I,was bruised by her venoms reply my opinion but I read more of her replies and I was floored! So I gave her my humble opinion her pain must be horrid to make me pray to never have to read a reply from her again and I might have suggested she look into anger management?????

You are kind and thoughtful I shall miss you and I'm a fan best of luck of you! Many thanks
 
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blessedladyptl replied to rhyenn's response:
rhyenn, people come here for information and support. When incorrect information is posted it is in everyone's best interest to state that it is incorrect. Your thread entitled, Article I wanted to share as you in this community have been angels in my eyes !, was not correct. Allowing anyone to read it and believe it to be accurate in California, or anywhere in the US, would not have been right.

If you have proof that the article is correct and these laws are enforce in California, please post it.


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