Driving under the influence of drugs is dangerous, not only putting the driver's life at risk but also endangering the lives of innocent people on the road. One such form of impairment is driving high, which refers to operating a vehicle while under the influence of marijuana or other drugs.
The effects of being high can impair coordination, reaction times, and judgment, making it extremely dangerous to get behind the wheel in this state. Studies have shown that driving high can significantly increase the risk of car accidents, putting the lives of everyone involved in serious jeopardy.
Recognizing the potentially devastating consequences of driving high has never been more important. If you or someone you know has been in a car accident due to a driver who was impaired, you can seek representation from a car accident lawyer to protect your rights and hold the responsible party accountable.
Contact a car accident attorney near you as soon as possible for your free consultation.
Wider Cannabis Acceptance in the U.S.
In recent years, cannabis laws in the United States have undergone significant changes. With the legalization of marijuana for medical and/or recreational use in many states, there has been an increase in the number of drivers who may be operating vehicles while under the influence.
The end of blanket cannabis prohibitions presents a problem for motorists because it means the likelihood of encountering a cannabis-influenced driver is higher than before. One argument of opponents of legalization is that legal marijuana will lead to more injuries and fatalities by high drivers.
Research indicates that legalization in other countries has led to more crashes involving high drivers. However, always remember that drivers can be high even in states without legalization. The law has never stopped people from unlawfully obtaining marijuana and other drugs, so drug-impaired driving is always a concern, whether the law permits a substance or not.
Impaired Driving Has Increased Accidents Nationwide
Alarmingly, studies conducted over a ten-year period showed a 6.5 percent increase in traffic accidents following the legalization of retail cannabis.
While alcohol is still the most common substance associated with impaired driving, driving high has become increasingly prevalent in the U.S.
According to recent data, the number of drivers involved in fatal crashes who tested positive for marijuana has doubled in the past decade. Other factors can also influence drivers' ability. The combination of marijuana or other substances and other extrinsic factors, such as weather conditions, makes driving riskier than ever.
Driving while high affects drivers' judgment, reaction time, attention, and more. The following problems arise when driving high:
- Impaired inhibitory control
- Slow reaction times
- Decreased attention and tracking ability
- Distorted perception of time and space
- Impaired motor coordination
All of these effects increase the risk of car accidents and make driving high a dangerous and irresponsible choice.
Typical Car Accidents Caused by Impaired Drivers
Driving while high can lead to a wide range of car accidents. Below are the most common types of accidents caused by impaired drivers:
Rear-End Collisions
Impaired drivers may fail to maintain a safe distance from the vehicle in front of them or not pay close attention to the vehicle ahead, leading to rear-end collisions if the front driver slows down or stops. These accidents can cause whiplash injuries, traumatic brain injuries, and damage to the spine.
Intersection Accidents
Impaired drivers may fail to obey traffic signals, misjudge timing, or fail to yield the right of way, leading to accidents at intersections. These accidents can result in severe injuries, including broken bones and internal organ damage.
Head-On Collisions
Cannabis-affected drivers may drift into oncoming traffic lanes for various reasons, potentially causing head-on collisions if the oncoming driver cannot stop. Accidents like this are particularly dangerous and can result in catastrophic injuries or fatalities.
Lane Departure Accidents
Impaired drivers may have difficulty maintaining their lane position, leading to lane departure accidents. These events can cause rollovers, side-swipe collisions, or veering off the road.
Pedestrian or Bicycle Accidents
High drivers may easily fail to notice pedestrians or cyclists, leading to severe collisions. These scenarios can result in catastrophic injuries or fatalities for vulnerable people without any protection from an impact.
These accidents are entirely preventable if drivers make responsible choices. When drivers make dangerous decisions to drive high and cause life-changing injuries, they must be held accountable. If you can prove another driver caused a collision while high, they are liable to compensate for your damages through their auto insurance coverage.
What to Know if You've Experienced an Accident
If you or someone you know has been in a car accident caused by a driver who was high, it is critical to understand the process. There are some actions a victim may take after an accident that may help their case further down the line. On the other hand, doing the wrong thing or omitting important steps can hurt your future legal case.
Regardless, the reality is that accident victims may have suffered injuries that don't allow such actions. Your health is the first priority, and calling a lawyer is the best solution if your injuries are severe.
If feasible, doing the following can help your case:
Seeking Medical Attention
Even if you don't feel immediate pain or injuries, visiting a healthcare professional for a thorough examination is important. Some injuries may not be immediately apparent, and delaying medical treatment can harm your claim.
Contact a Car Accident Attorney
Consulting a car accident attorney is essential to protect your rights throughout a car accident claim. An attorney can handle communication with insurance companies, gather evidence, assess damages, and negotiate a fair settlement on your behalf.
Insurance companies may offer a quick settlement but may not consider future damages such as ongoing medical treatment, post-traumatic stress, or lost income. An attorney can ensure you receive proper compensation for all the damages you have suffered.
Drug-Impaired Driving Laws
Each state has its own impaired driving laws, including those related to driving while high. Your car accident lawyer will know the laws in your state, so they can explain your rights and potential legal options.
Two subcategories of impaired driving laws to be aware of are zero tolerance laws and per se laws:
Zero Tolerance Laws
Some states have zero-tolerance laws, which make it illegal for any driver, regardless of age or license classification, to operate a vehicle with any amount of drugs or alcohol in their system. Violations of zero-tolerance laws often result in driver's license suspensions and
other penalties.
Per Se Laws
Other states have per se laws that establish a specific threshold for blood drug or alcohol concentration levels. If a driver's blood concentration exceeds the legal limit, they are considered impaired per se, regardless of actual impairment. Violations of per se laws can lead to criminal charges and penalties.
Criminal Charges for Driving High Can be Important Evidence in Your Car Accident Case
You must prove the other driver was negligent and at fault to win a car accident claim. Evidence of the other driver's criminal conduct, including driving high, can be extremely valuable in proving their negligence. While a criminal conviction usually provides little relief for accident victims, it can benefit their cases.
When a driver is charged with driving under the influence of drugs, it establishes a strong case against them. The fact that they were impaired at the time of the accident demonstrates their disregard for safety and the potential harm they might cause to others on the road. The criminal charges also provide concrete evidence of their wrongdoing, which can be compelling in negotiations or a courtroom.
A criminal conviction serves as evidence of negligence per se, which means you do not need additional proof of their conduct to demonstrate liability. The conviction is usually enough to hold them accountable, which can make the claim process significantly easier.
One of the crucial tasks your attorney will undertake is obtaining the criminal case information of the driver. They can follow the criminal case and advise that you should not settle your case until the criminal process is complete. By reviewing the criminal case details, your attorney can uncover any relevant information to support your claim and build a strong case for liability.
Why Consulting a Car Accident Lawyer Will Help You
If you have suffered major injuries in a car accident caused by a driver who was high, speak to a car accident lawyer. Taking on an accident claim alone is the last thing any injured party needs to deal with during their recovery. A car accident lawyer can provide the help and support you need in the following ways:
Understanding Through Practice
A car accident lawyer has experience in personal injury law and extensive knowledge of handling similar cases. They understand the legal issues of car accident claims and can handle the process on your behalf.
Gathering Evidence
An attorney will conduct a thorough investigation into the accident, gather evidence, and interview witnesses to build a strong case. They will ensure no stone is left unturned when determining liability and proving the damages you have suffered.
Identifying Damages
Victims of car accidents may not fully understand the extent of their injuries and the potential long-term consequences until later on. A car accident lawyer can identify specific areas where you may be entitled to compensation, such as medical expenses, lost earnings, pain and suffering, and future medical needs.
Consulting a car accident lawyer provides reassurance and a sense of empowerment during a challenging time. They will fight for your rights, ensuring you receive the compensation you deserve.
The Damages You Can Win After an Accident
Under tort law, car accident victims can seek compensation for losses caused to them by another person's negligence. When it comes to car accidents caused by impaired drivers, the potential damages include both economic and non-economic factors:
Economic Damages
Economic damages refer to the tangible financial losses you have suffered as a result of the accident. This can include medical expenses, property damage, lost income, rehabilitation costs, and future medical expenses.
Non-Economic Damages
Non-economic damages are intangible losses that can be more difficult to quantify. They include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. These damages compensate for the physical, emotional, and psychological impact of the accident, which can be significant.
Punitive Damages
In cases of exceptionally negligent driving, punitive damages may also be awarded as a way to punish the at-fault party and deter similar behavior in the future.
Wrongful Death Claims
Additionally, grieving family members can pursue wrongful death claims if the accident resulted in the loss of a loved one. Wrongful death claims arise following the death of a loved one and provide financial support and justice for families in tragic circumstances.
ItWrongful death rights usually apply to close relatives like spouses, children, or dependents. Each state enforces its own version of wrongful death laws, which stipulate who can file such a claim and other requirements. For instance, many states only allow executors of the deceased's estate to file on their behalf, while others allow famil y members to bring the claim themselves.
Call a Car Accident Lawyer Today
Dealing with the aftermath of a car accident caused by a driver who was high can be overwhelming, but you don't have to face it alone. Contacting a car accident lawyer protects your rights and ensures you receive the compensation you deserve.
Many car accident attorneys work on a contingency fee basis, meaning they only get paid if they win your case. Don't let fears about money prevent you from seeking legal help.
If you or someone you know has been involved in a car accident caused by a driver who was high, consult with an attorney near you today and take the first step toward getting the support and justice you need.
You have the right to hold the responsible party accountable for their actions and protect your future. Contacting a car accident lawyer near you will bring the guidance and peace of mind you need during this challenging time.
David Abels
Partner
David Abels has carved a niche for himself in the personal injury law sector, dedicating a substantial part of his career since 1997 to representing victims of various accidents. With a law practice that spans over two decades, his expertise has been consistently recognized within the legal community.
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