LEGAL QUESTIONS REGARDING DRIVING UNDER THE INFLUENCE OF DRUGS

RECHTSFRAGEN ZUM FAHREN UNTER MEDIKAMENTENWIRKUNG

WHEN JUDGING THE EFFECTS OF DRUGS ON DRIVING FROM THE LEGAL VIEWPOINT THE MOST IMPORTANT FACTORS ARE CAUSALITY AND WHO IS AT FAULT. THE CAUSALITY IS ALL THE MORE DIFFICULT TO JUDGE SINCE IN ADDITION TO THE DRUGS OTHER CIRCUMSTANCES COULD HAVE CONTRIBUTED TO DRIVING ABILITY (THE ILLNESS FOR WHICH THE DRUGS WERE PRESCRIBED, ALCOHOL, GENERAL LACK OF CONCENTRATION). GENERALLY THE COURTS CANNOT PROCEED PROPERLY WITHOUT EXPERT ADVICE. BEING GUILTY INVOLVES KNOWLEDGE, OR LACK OF KNOWLEDGE THROUGH IRRESPONSIBILITY, OF THE POSSIBLE EFFECTS OF THE DRUG ON DRIVING ABILITY. THE DRIVER CAN OBTAIN HIS KNOWLEDGE FROM HIS OWN EXPERIENCE, HIS OWN SPECIAL KNOWLEDGE, AND FROM WARNING DIRECTIVES FROM THE DOCTOR, THE CHEMIST OR THE DRUG MANUFACTURER. THE PERSON CONCERNED SHOULD ENSURE HE IS PROPERLY INFORMED. CORRESPONDINGLY IT IS THE DUTY OF THE DOCTOR TO INFORM HIS PATIENT. SPECIAL EMPHASIS IS PUT ON THE WARNINGS STATED ON THE PACKAGE OF DRUGS BY THE MANUFACTURERS. THE USER MUST SIMILARLY FOLLOW SUCH WARNINGS. RELATED PROBLEMS ARE DISCUSSED IN PARTICULAR THE EXTENT OF OBLIGATION TO CARRY OUT RESEARCH BY THE MANUFACTURER.

Language

  • German

Media Info

  • Pagination: 8-15
  • Serial:
    • ARZT U AUTO
    • Volume: 53
    • Issue Number: 10
    • ISSN: 0341-4434

Subject/Index Terms

Filing Info

  • Accession Number: 01300751
  • Record Type: Publication
  • Source Agency: Bundesanstalt für Straßenwesen (BASt)
  • Files: ITRD
  • Created Date: Nov 21 2010 7:58AM