Maison Law can help you and your family if you’ve been hurt in a car accident caused by an impaired driver in Fresno. While drunk driving still gets most of the attention, THC has become just as common as alcohol in many impaired driving cases across the city. Our team can explain your options and help you through a claim Set up a free consultation today.
Why Would I Need a Lawyer?
Since the passage of California Proposition 64, marijuana has been legal for recreational use in the state. But that legalization never applied to driving. More to the point, though, THC can remain in someone’s system long after the immediate effects wear off.
Because of that, there’s plenty of wiggle room. Insurance companies can raise questions about whether their driver was actually impaired at the time of the accident. Meanwhile, you’re the one dealing with all of the real problems—injuries, doctor’s appointments, missed work, and the stress of figuring out what to do next. That’s usually when you start thinking about getting a lawyer. When you work with Maison Law, our team can:
- Help confirm whether the other driver was intoxicated by THC at the time.
- Gather the evidence and evidence that helps your claim.
- Explain how the claims process works in your situation.
- Handle all the talks and back-and-forth with the insurance company.
- File a lawsuit if the insurance company refuses to resolve the claim fairly
Most importantly, it gives you space to focus on healing instead of paperwork, phone calls, and insurance adjusters. Our goal is to make the process easier from start to finish. And that starts right after the accident happens.
What Should I Look For After a Car Accident If I Think the Other Driver Used THC?
One of the biggest issues with a car accident where the other driver is intoxicated by THC is getting the right information. You can’t really rely on getting anything useful from the other driver—and honestly, if you suspect they’re intoxicated, you shouldn’t confront them. You should let the police handle that part. But there is still going to be certain things you can get early on that can help your claim:
- The police report. This is usually the starting point for any THC-related car accident claim. The responding police officer is going to make a report where they’ll note signs of intoxication, statements about marijuana use, or unusual behavior from the driver.
- Medical records. You’ll need documentation that connects your injuries to the accident. Keep everything—ER records, follow-up visits, treatment plans, and medications.
- Pictures/videos. Pictures taken at the scene can help show how the accident unfolded. Damage to the vehicles, where the cars ended up, and road conditions can all help tell the story.
- Your own notes about recovery. Write down how you’re feeling in the days and weeks after the accident. Pain levels, sleep issues, or trouble handling everyday tasks can help show the real impact the injuries are having on your life.
- Witness information. If anyone saw what happened, get their contact information. Their perspective can help confirm how the other driver was acting.
You don’t need to gather everything perfectly. The key is simply preserving information while it’s still fresh. This is especially important in these kinds of claims, because again, there’s no “legal limit” designation for THC. The law just relies on signs of impairment.
Who Is Responsible for a THC-Related Car Accident?
This is one of the easiest initial questions to answer with a THC-related car accident in Fresno. Obviously, the person that’s majorly responsible for your injuries and damages from the car accident is the driver that’s intoxicated by THC. That’s pretty clear negligence.
But one thing that can get overlooked is that there are other potentially liable people involved, like:
- Someone who knowingly allowed an intoxicated person to drive
- The owner of the car (if they weren’t driving)
- Businesses or people who provided marijuana to someone who then drove.
Every accident is different, and figuring out exactly who’s responsible means looking closely at the circumstances that led up to the collision. And even though it’s a bit easier with THC, you’ll still need to go through the claims process to get financial help.
What Options Do I Have After a THC-Impaired Driving Accident?
Legally speaking, a car accident involving THC is handled a lot like other injury cases in California. The difference is usually in proving the driver was actually impaired—not in the steps you take afterward. So that means you basically have two options:
- Filing an insurance claim out of court. Most cases begin by filing a claim with the at-fault driver’s insurance company. You submit the claim, your evidence, and wait for the insurance company to work the claim on their end. Eventually, they’ll either accept your claim and offer a settlement, or deny it altogether.
- Filing a personal injury lawsuit. If the insurance company denies the claim or (more likely) refuses to resolve the claim fairly, the case can move into court with a lawsuit. You only have two years from the date of the accident to file, but it gives you a more neutral process and potentially fuller damages like:
- Medical expenses now and in the future
- Lost income from time away from work
- Vehicle and property damage
- Physical pain and ongoing discomfort
- Emotional stress and mental strain
- Reduced quality of life
- Funeral and burial costs in fatal accidents
- Punitive damages in especially reckless situations
Remember, what you’re ultimately able to get depends on how strong your claim is. That is, how the information shakes out and how your damages are presented to an insurance adjuster, judge, and potentially a jury.
Where Do Car Accidents With THC Usually Happen in Fresno?
Technically, a THC-related accident can happen anywhere in Fresno. Impaired drivers don’t stick to one neighborhood or type of road. That said, certain areas of the city and area tend to see more of these accidents:
- Major highways. Busy roads like Highway 99, Highway 41, and Highway 168 carry heavy traffic through Fresno. When an impaired driver makes a mistake at highway speeds, the outcome can be much more serious.
- Large intersections. Intersections along roads like Shaw Avenue, Blackstone Avenue, and Herndon Avenue require drivers to react quickly to lights, turns, and cross traffic—something THC can slow down.
- Nightlife and entertainment areas. Areas with restaurants, bars, and late-night activity can see more impaired driving, especially later in the evening or on weekends.
- Parking lots and shopping centers. Places like River Park Shopping Center can see accidents simply because of how many vehicles are entering and exiting at the same time.
At the end of the day, though, these accidents usually come down to one thing: a driver choosing to get behind the wheel when they shouldn’t. That doesn’t change what you’re left dealing with. But our team can help you so you don’t have to go through it alone.
Get Help From Maison Law After a Car Accident with a THC-Intoxicated Driver in Fresno
Just because marijuana is legal in California doesn’t mean it’s legal to drive after using it. THC-related accidents still happen regularly in Fresno, and when they do, you’re the one that’s left dealing with the aftermath.
At Maison Law, our Fresno DWI car accident lawyers will be there from the start to help you build a claim and get the financial help you need to heal. Set up a free consultation today.
