Driving while under the influence of legal or illegal drugs is referred to colloquially as “drugged driving.” There are no firm statistics on marijuana related car accidents, but studies conducted to date reveal that millions of accidents involve drugged driving each year.
Drugged Driving Laws Vary by State
In most states people driving under the influence of drugs like marijuana are subject to the same laws as those driving while under the influence of alcohol. Under the loosest state laws, the driver must be proven to be incapacitated by legal or illegal drugs to be charged with drugged driving or Driving Under the Influence (DUI). There are 15 states that will charge drivers with drugged driving if the drivers are tested and any amount of detectable illegal drugs is found in their systems no matter how small that amount may be.
Reckless Driving and Criminal Charges Can Impact Lawsuit
Marijuana will remain in the human system for a long period of time, and that can complicate a lawsuit because you must prove the drug use contributed to the accident to claim the drug use as a contributory factor in the accident. When a drugged driver causes a car accident leading to injury, he or she may be charged with reckless driving.
Some accidents cause injuries that are lifelong and require ongoing medical care and lead to constant or reoccurring pain or permanent disability. Filing a lawsuit to recover compensatory and punitive damages for marijuana related car accidents may be necessary to insure full compensation is received if an attorney is unable to negotiate a full and fair settlement with an insurance company.
Testing Positive for Marijuana
When someone tests positive for marijuana, it is quite possible that criminal charges will be filed by law enforcement. The reckless driving charges are in addition to the criminal charges and are related to the willful act of driving while under the influence of drugs. In these cases the presumption of accident fault is raised, and that can lead to a higher monetary award that is intended to be punitive against the driver for negligent behavior.
Call a Lawyer When You Are a Victim of a Drug Related Auto Accident
If you are injured by a driver who is under the influence of an illegal substance like marijuana, it is important to contact an experienced attorney right away. The attorney will work to help you get full and fair compensation.
