My question involves an injury that occurred in the state of: Washington
I had taken my sleep medication as I usually do each night. I had some sleep difficulties, I woke up the next morning and took an all natural OTC ashwagandha root, I then started to drive and run some errands. while doing this, I became very sleepy quickly to the point that I ran my new car into a telephone pole. It was obvious to me that there was a very bad interaction effect going on here, however I would have had no way of knowing this.
when the police arrived they could not communicate with me, I was very out of it. I was ticketed for driving without insurance, and negligent driving 2nd degree. I went to court the first time and showed them my insurance, and that charge was dropped. However in looking at Washington's RCW 46.61.525 for Negligent driving 2nd degree, section 2, says that that there is a failure to exercise ordinary care, or a failure to exercise actions that a reasonably careful person would do in similar circumstances.
My issue is that I do operate with reasonable care, I have been driving for thirty years now, and do not have any other infractions which question reasonable careful driving. I have been taking ambien for the last 5-years with no problems at all, and then I take an over the counter supplement for energy and have a reaction to it. I end up getting ticketed for it. given the circumstances it was a very dangerous situation, and I am really glad that nobody else was involved. in saying that, I am a very reasonably cautious person, and if I have had any idea that I would need to watch out for this type of scenario I would have. the additional data is that I am 46-years-old and have never had any medication interaction problems or difficulties. I say this because there are people out there that have everyday medication interactions, they might think that this is just common sense, however what is common sense for one individual may not be common at all for the next guy; I am not at all sensitive to medications, this is my first ever problem with medication reactions that are unexpected, I have never had any other difficulties in this area.
My question then is, this a reasonable defense given the language of RCW 46.61.525 ?