Proving fault for a marijuana related car accidents requires proof beyond just that the illegal drug were present in an automobile during the accident. Through the rules of evidence, a party accused of having been on marijuana may be able to persuade a court to exclude any mention or evidence regarding the presence of drugs. Below is assistance in proving fault for a car accident involving marijuana.
Request Drug Tests
Chances are that if drugs are found on the scene of the accident, the driver of the car in which the drugs were discovered will be arrested. At that time police will most likely perform drug testing on the individual, as this is a common test performed on all arrested persons. If you are uncertain whether a drug test will be provided, ask the police officer if he will take one because you suspect that the driver is on drugs. This suspicion will be taken seriously by the police.
Make Note of the Driver’s Appearance
It is difficult for an individual to hide that he is on drugs. Tell-tale signs and smells will reveal whether he has ingested any illegal substances. If you notice any of these signs, make note of them at the time of the accident or immediately following. Sign and date the information you record so that it may accurately be used later in court.
Proving Fault Prior to Entering Court
If the drug tests and other information show that the driver that caused the accident was on drugs, you and your attorney may want to try to establish fault prior to entering the courtroom. This can be done by motion and, if clear, could be granted without having to hold a hearing. If the judge is uncertain about fault, he will call a hearing on the motion for you to make arguments about why the presence of marijuana in the driver’s car or bodily system places fault for the accident squarely on his shoulders.
Proving Fault after Entering Court
During the lawsuit, you and your attorney should rely on the documents to firmly establish that the driver had ingested marijuana at the time of or immediately before the accident. This will show that it is likely that he was impaired while driving and caused the accident.
If the driver was taken to jail or charged with drug possession, you may be able to use this information in your case. Sometimes, however, this information will be excluded depending on the type of charge levied against the individual.
Getting Legal Help
Proving fault in a marijuana related car accident case requires specific documentation and facts that you may not know how to properly present to the court. If you have been injured in an automobile accident in which the other driver had consumed illegal drugs, speak to an attorney about representing you in court to firmly establish that you were not at fault.
