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In recent years, many states have relaxed marijuana regulations to allow for its use recreationally, including California. Whatever your political position on marijuana, it is a fact that marijuana impairs a person’s ability to drive safely. Its legalization means that road users can be at a higher risk of being injured in states that allow recreational marijuana use.
Our car accident lawyers at Arash Law in California aim to protect the legal rights of injury victims, especially in developing areas of the law like marijuana use, where it is not exactly clear what amount is allowable in a driver’s blood. Learn more about the statistics of driving under the influence of marijuana, the law surrounding drugged driving, and what you can do to protect your legal rights after being hit by an impaired driver.
What The Data Shows About Drugged Driving Accidents
The Insurance Institute for Highway Safety analyzed crash data and found that legalizing marijuana for recreational use does increase overall crash rates. This discovery is concerning because more than a third of states have legalized the recreational use of marijuana for adults over the age of 21.
However, research on marijuana-only use and accident risk is mixed. Some studies have found no higher crash risk for drivers using only marijuana compared to sober drivers. These findings make it uncertain whether marijuana use increases the risk of an accident.
Still, studies indicate that less restrictive marijuana laws have seen a jump in overall crash rates in some states, and lawmakers are likely to consider this evidence when developing safety regulations related to marijuana impairment while driving.
Why It’s More Difficult To Prosecute Drugged Drivers Than Drunk Drivers
Prosecuting impaired drivers is an important step in reducing accident rates. Prosecution serves as a deterrent not only to the defendant but also to other drivers who would consider driving under the influence of drugs or alcohol. Drunk driving laws have been carefully crafted to make them easier to enforce through prosecution.
A specific amount of impairment (.08) is specified so that a driver’s blood or breath can be tested and introduced as clear scientific evidence at trial. This clear rule makes it easier for prosecutors to win convictions for drunk driving. Unfortunately, existing laws make it more difficult for prosecutors when a driver is impaired by drugs instead of alcohol.
Scientists have yet to establish a level of marijuana in the blood that clearly impairs the ability to drive safely. As a result, impaired driving laws are more vague when it comes to drug impairment, and there is no set value at which impairment can be presumed.
Prosecutors must therefore rely on anecdotal evidence from witnesses to prove that a driver was impaired by marijuana, which makes securing a conviction more difficult than in alcohol-related cases. If you are hit by a driver who was impaired by marijuana, prosecutors may encounter additional challenges in both bringing charges and securing a conviction.
Drivers Have A Legal Duty Of Care To Drive Without Any Impairment
An impaired driver does not have to be convicted in criminal court in order to be held financially accountable for the harm they caused. Injury victims still have a separate legal right to file a personal injury claim in civil court.
Regardless of what happens in the criminal court, an impaired driver may be held legally responsible for your injuries and losses because all drivers have a legal duty of care.
They must use reasonable caution to prevent accidents. Failure to do so may be considered negligence and can result in legal responsibility for any resulting injuries and losses.
Schedule a consultation with our experienced injury lawyers at Arash Law to answer questions you have about the difference between a criminal case and your civil case. The important thing to know is that compensation for injuries may be pursued through a civil claim, regardless of whether the impaired driver is charged with a crime.
What To Do After Being Hit By An Impaired Driver
Knowing what to do after a crash is crucial in protecting your legal rights. Here are some steps you can take after being hit by a negligent driver:
Call 911
It is important to call 911 after any accident, but especially if you suspect the driver is impaired. Police officers investigate the scene and may arrest an impaired driver, establishing the official record required for a prosecutor to pursue a criminal case. The police report will also be an important piece of information that the insurance companies will use in resolving your civil claim for personal injury.
Insurance companies consider the police report to be more objective than your statements because the officer was not involved in the accident. A driver might ask you to “take care of it” without calling the police, which is not in your legal interest. Getting a police report is a crucial step in protecting your legal rights after an accident.
Get The Names Of Witnesses
It is also important to get the names and contact information of any witnesses who saw the accident happen. It is difficult to prove marijuana impairment. Unlike alcohol, there is no set level that proves a driver was impaired, which is why it is so important to have witnesses who are able to testify that the driver appeared impaired.
They might have seen the driver swerving, or observed bloodshot eyes, or even smelled the odor of marijuana in the car. All of this information can help establish that the impaired driver was responsible for causing your injuries.
Get Medical Attention
In some cases, injuries are so severe that an accident victim needs to call 911 and go to the hospital in an ambulance right away. Call an ambulance if necessary. Our firm can assist you in exploring options for handling medical bills, such as working with providers who may defer payment until your case is resolved. This is subject to provider approval and is not guaranteed.
If you don’t get the care you need, your injuries could worsen, so it’s important to see a doctor, even if you don’t leave in an ambulance. Some injuries do not show symptoms immediately, and only a medical professional can determine whether you have any internal injuries and what needs to be treated right away.
Visiting an urgent care facility or emergency department after an accident can help prevent injuries from worsening and create medical documentation that may be important for any future legal claims related to pain and suffering.
Hire An Injury Lawyer
Hiring an accident lawyer after an injury can be beneficial, especially in cases involving marijuana impairment, which can be challenging to prove.
Our injury lawyers at Arash Law are familiar with marijuana laws and the medical science of impairment. We will conduct a thorough investigation and gather evidence to help prove that a driver was impaired, that their negligence caused your injuries, and you suffered losses as a result.
Depending on the situation, you may be able to seek compensation for your injuries and losses, including medical bills, lost wages, and pain and suffering. Compensation may also include future losses you will suffer due to your injuries, such as ongoing medical bills or a decrease in your earning potential at work. Our legal team documents the value of these losses and assists in seeking a fair settlement in accordance with California law. If a fair resolution is not achieved, we are prepared to represent you in court.
Experienced Injury Lawyers For Impaired Driving Accidents
Looking for “injury lawyers near me”? Our skilled motor vehicle accident attorneys at Arash Law have years of experience in handling a wide range of personal injury cases. We stay up-to-date on all developments in the law, including recreational marijuana laws and how these laws impact personal injury claims.
Our legal team is focused on helping our clients seek accountability for their injuries and losses. We serve clients in Los Angeles, San Francisco, Riverside, Bakersfield, Santa Barbara, San Jose, San Diego, Fresno, Sacramento, Sherman Oaks, and throughout California. Call (888) 488-1391 or fill out our “Do I Have A Case?” form here to schedule a free initial consultation.
