Could an Addiction to Pain Medication Affect Your Kentucky Truck Accident Lawsuit?
It is no secret that truck accidents often result in serious, life-threatening injuries to the victims, many of whom were driving or riding in smaller vehicles with few protections against the weight of an 80,000-pound tractor-trailer. It is also a sad truth that these victims often become addicted to pain medication as they struggle to recover from the physical and psychological trauma of their accidents. And unfortunately, that addiction can become an issue if they need to file a personal injury lawsuit against the negligent truck drivers and trucking companies who caused their accident in the first place.
Magistrate Orders Disclosure of Truck Crash Victim’s Treatment Records
An ongoing truck accident lawsuit here in Kentucky, Porter v. Bosnic, provides a cautionary tale on this point. The plaintiff in this case was driving his car on a highway in Russell County, Kentucky, when he was hit by a tractor-trailer. The plaintiff subsequently sued the truck driver and his employers, alleging the accident was due to the truck driver’s negligence and numerous maintenance defects with the tractor-trailer itself, such as the absence of working brake lights.
The plaintiff’s personal injury lawsuit remains pending before the United States District Court in Bowling Green. As part of the pre-trial discovery process, the defendants filed a motion to seek disclosure of the plaintiff’s medical records from a substance abuse treatment center. The defense said it needed these records to “determine the extent and nature of [the plaintiff’s] substance abuse use during the period relevant to the motor vehicle accident.”
Specifically, the plaintiff testified in a deposition, “I’d never done drugs before a day in my life” prior to the truck accident. But after the accident, the plaintiff said he started taking methamphetamine illegally to manage his pain. The defense, however, believes that the plaintiff’s treatment records might tell a different story.
A federal magistrate judge assigned to handle pre-trial motions granted the defense’s request in an August 2025 order. The magistrate judge noted that while the defendants sought documents from an “expansive time frame,” it was justified given that the plaintiff “testified that he never used any drug before the accident, and that his use post-dating the accident was solely the result of pain from the accident and his need to continue working.” (Italics in original)
Ultimately, the plaintiff’s drug treatment records may not be relevant to the issue of whether the defendants’ negligence caused the truck accident. But it could prove relevant to the issue of the plaintiff’s damages. The defense clearly thinks that if it can show the plaintiff had a preexisting drug problem, that could reduce the amount of compensation he might receive for his accident-related pain and suffering.
Contact a Madisonville Truck Accident Lawyer Today
Commercial trucking companies are well-funded businesses that will not hesitate to turn an accident victim’s addiction into a legal weapon. That is why it is important for victims to seek advice and representation from a dedicated Madisonville truck accident lawyer. Contact Whitfield Crosby & Flynn today to schedule a free consultation. We have offices in Madisonville, Kentucky; Chattanooga, Tennessee; and Indianapolis, Indiana.
Source:
scholar.google.com/scholar_case?case=6511227885078722689
