Marijuana related car accidents raise their own set of questions as to fault and the potential for criminal charges. If you were involved in an accident and you or the other driver tested positive for marijuana use, you need to know how this impacts your claim for damages.
Testing Positive for Marijuana
Marijuana, unlike alcohol, stays in the blood for an extended period of time. Thus, the amount of the substance found to be in the blood will be a point of argument in any case involving an auto accident. When someone is hospitalized or jailed after an accident, a blood test may be administered. Generally, this test can be used as evidence of substance use impacting driving in any auto accident case. An attorney will advise you of the propriety of use of this evidence in your case.
Auto Accident Fault
Auto accident fault is determined on a case-by-case basis and depends on a number of factors, including (but not limited to):
- Whether any traffic laws were broken (including running lights, speeding and substance use);
- Who had the right of way;
- Testimony of any witnesses; and
- Any other factors the insurance company or the court determines to be relevant in your case.
DUI Potential
Use of marijuana while driving can result in criminal DUI/DWI charges. If your criminal charges are brought and a conviction is imposed, this may impact any civil case or insurance claim. Substance use leading to an injury accident may increase the punishment in criminal court. It may also raise a presumption of fault in an auto accident claim.
Punishment for DUI/DWI can be quite severe in most jurisdictions due to extensive lobbying efforts. Whether you injure another person or not, the punishment can include fines, probation, loss of driver's license and jail time or community service hour requirements. You may be required to take classes and go to drug counseling as part of a criminal sentence for DUI/DWI. An attorney may be able to help you in reducing such charges or getting them dismissed depending on the facts of your case.
Getting Legal Help
If you were involved in an auto accident and one of the drivers tested positive for marijuana, consult a personal injury attorney to find out how your state's law will impact your case. An attorney can help you assess your claim, minimize any negative outcomes and keep you aware of the law and proper legal processes.
