People usually understand the dangers of drunk driving, but many drivers underestimate how over-the-counter (OTC) drugs can make crashes more likely.
If a truck hit you and you suspect the driver was using OTC drugs, Rizk Law is ready to protect your rights.
Our Portland truck accident lawyers manage the entire legal process so you can focus on healing. Call our law firm now or complete our online contact form for a free case review.
How OTC Drug Use Increases the Risk of Truck Accidents in Portland
According to a study from the Federal Motor Carrier Safety Administration (FMCSA), over-the-counter drug use was one of the top 10 contributing factors in large truck crashes.
Some ways that OTC medications make truck wrecks more likely include:
Slower Reaction Time
Cold and allergy medicines can cause drowsiness and slow drivers’ reflexes. These effects could mean that a truck driver may brake later than necessary or miss a sudden lane change.
Blurred Focus
Some OTC drugs can cause dizziness, brain fog, or trouble concentrating. A driver who’s under the influence of these drugs may drift in their lane, miss signs, or misjudge their stopping distance.
Poor Judgment
“Non-drowsy” does not mean risk-free. Some over-the-counter drugs can still affect drivers’ decision-making, especially when the driver takes more than the recommended dose.
Dangerous Mixing
Truck drivers sometimes combine OTC drugs with caffeine, energy drinks, or prescription meds. That mix can trigger sleepiness, jitters, or confusion behind the wheel, making accidents more likely.
Common OTC Drugs That Impair Truck Drivers
Common examples of over-the-counter drugs that can impair truck drivers’ judgment include:
- Antihistamines – Many allergy pills can lead to drowsiness and slower thinking.
- Cold and flu products – Some formulas contain ingredients that can cause dizziness or difficulty focusing.
- Sleep aids – These products can leave a driver groggy long after waking up.
- Motion sickness medicine – Some medications for motion sickness can cause fatigue and blurred vision.
Federal and Oregon Trucking Regulations on OTC Drug Use for Truck Drivers
State and federal regulators have long recognized the dangers of over-the-counter medications and have passed laws to make sure drivers aren’t endangering themselves or others.
Federal Trucking Regulations
Federal law prohibits truck drivers whose routes cross multiple states from driving under the influence of any substance that makes them unable to safely operate the vehicle.
Over-the-counter drugs can meet this definition, meaning a driver who uses these medications might be breaking the law if the drug affects their judgment or coordination.
Oregon Trucking Regulations
State laws largely follow federal guidelines. Oregon’s DUI statute prohibits any driver from operating a vehicle while “under the influence of an intoxicant or a combination of intoxicants.”
It defines “intoxicant” to include any drug that noticeably impairs the driver’s physical or mental abilities. This means that a negligent truck driver who’s under the influence of OTC drugs may have broken the law.
Proving OTC Drug Impairment After a Truck Crash
Proving that a truck driver was under the influence of OTC drugs and that their impairment caused the crash requires strong evidence.
Common types of proof in these commercial truck accident cases include:
- The police crash report – The truck driver may have told the police that they were taking over-the-counter drugs.
- Witness accounts – Other drivers or bystanders may have seen the truck drifting in its lane, following another car too closely, or showing other signs of driver impairment.
- The truck driver’s medical records – Blood tests and other medical evidence can show what was in the driver’s system at the time of the truck collision.
- Expert testimony – Medical experts can testify about how a particular drug may have affected the truck driver and how long those effects might have lasted.
Liability in OTC-Related Truck Accidents in Oregon
Truck accident liability depends on the specific facts of the case. Truck drivers are generally liable if they cause a crash because they were under the influence of over-the-counter drugs.
However, other parties may also share responsibility for the accident.
For example, trucking companies are supposed to monitor their drivers. The company may be liable if they knew or should have known that one of their truckers was driving under the influence of over-the-counter medications.
An experienced Portland truck accident attorney from Rizk Law can help you identify all liable parties and fight to hold them accountable.
Compensation for an Impaired Driving Truck Accident in Oregon
Many people hurt in Oregon truck crashes settle for less than their claim is worth because they underestimate the accident’s effects. Our attorneys can work to demand full compensation for all the harm you’ve suffered, including money for:
- Past and future medical bills
- Lost income
- Reduced future earning capacity
- Pain and suffering
- Emotional distress
- Loss of quality of life
Steps to Take After an OTC Drug-Related Truck Accident
Once you’ve reported the crash to the police and got medical attention, these are the steps to take after a truck accident to protect your legal rights:
- Follow your doctor’s treatment plan and attend all follow-up appointments.
- Gather your pay stubs or other proof of your lost income.
- Track your daily pain levels and symptoms.
- Don’t discuss your truck crash case online.
- Avoid talking to any insurance companies before speaking with a lawyer.
- Contact a truck accident attorney to discuss your legal options.
How Our Portland Truck Accident Lawyers Can Help You
Building a truck accident claim linking OTC drug use to the collision is not a simple task.
Fortunately, our Portland truck accident attorneys handle all the legal work in your personal injury case. We investigate the crash, secure critical evidence, identify who’s responsible, calculate your claim’s value, and deal with the insurance companies.
If necessary, we’ll be prepared to take your claim to trial and present a compelling case to the judge or jury.
With over 20 years of experience serving Oregon residents and millions recovered for truck accident victims, you can trust us to fight aggressively on your behalf.*
Here’s what one client said about their experience with us:
“Phenomenal assistance with the most caring and awesome lawyers you can find. They will fully invest in you and your case and go above and beyond.”
– Shayla
You have limited time to take legal action after a Portland truck accident, so make sure you talk to an attorney immediately. Call Rizk Law now or complete our contact form for a free consultation.
*Each case is unique, and past results do not guarantee future outcomes.