Maison Law can help you and your family if you’ve been injured in a car accident because a driver was intoxicated. DWI is a huge issue throughout California, and in recent years, THC has become as common as alcohol as the source of the intoxication. This doesn’t make it any less dangerous, and our team can guide you through the claims process. Set up a free consultation today.
Do I Need a Lawyer?
When drivers make the decision to drive while intoxicated, it puts everyone else in jeopardy. But in California, it’s not just alcohol that you have to worry about. THC has been legal here since the 2016 passage of Proposition 64. This obviously doesn’t apply when people are driving, but there’s more practical reasons why a THC-related car accident is more difficult.
For one thing, there’s a clear blood alcohol limit when someone is drunk. Marijuana doesn’t work the same way. THC can stay in someone’s system long after the immediate effects wear off, which often leads to debates about whether the driver was actually impaired at the time of the accident. Meanwhile, you’re the one dealing with injuries, missed work, and the stress that comes with it. That’s usually when you start looking for help, and that’s where our team can step in. We’ll:
- Help confirm whether the other driver was impaired by THC
- Gather evidence that supports your claim
- Walk you through how the claims process works in California
- Handle talks with the insurance companies
- File a lawsuit if negotiations go nowhere
Most importantly, it gives you the space to focus on healing instead of paperwork and phone calls. Our overall goal is to make things easier for you, and that applies throughout the process.
What Should I Look For After a Car Accident If I Think the Other Driver Was on THC?
Small details can make a big difference when you think the other driver in your car accident is intoxicated by THC. That doesn’t mean you need to turn into an investigator at the scene. Rather, you should only try to focus on getting the information that shows what happened—and letting the police handle the other driver. Here’s what you should look for in terms of information:
- The police report. This is going to be the foundation of the start of your claim. The police report is going to note any signs of impairment, statements about marijuana use, or other notes about the driver’s behavior.
- Medical records. You’ll still need your own medical records to connect your injuries to the accident itself. Keep everything—ER reports, follow up notes from your doctors, even medications.
- Photos/videos. Pictures and video clips taken right after the accident—things like the damage to the vehicles, where they ended up, and what the road looked like help tell the story of how the accident unfolded and can back up your version of events when you file your injury claim.
- Your own notes about how you’re feeling. You’ll want to keep track of how you’re feeling and progressing in the days and weeks after the accident. Note things like how much pain you’re in, whether you’re sleeping poorly, or if everyday tasks suddenly feel harder. Over time, those notes help show the real impact the accident has had on your life.
- Witness statements. If there were any bystanders or others involved in the crash, get their contact information. Their statements can go to how the other driver was acting.
You don’t need to gather everything perfectly. The point is simply to preserve information while it’s still fresh.
Who Is Responsible for a THC-Related Car Accident?
This is one of the easier parts of the claims process, which is one of the things that differentiates a DWI accident. Obviously, the driver who was impaired by THC at the time of the accident is going to be largely responsible for any resulting damage.
But one thing you have to remember is that others might be involved and share some of the legal responsibility for what happened, like:
- Employers who allow employees to drive company vehicles while impaired
- Someone who knowingly lets an intoxicated person drive
- Other people or businesses that provided THC to someone who then drove
Every case is a little different, which is why the details of what really happened are so important. But nailing down liability is an important step and lays the groundwork for what comes next.
What Options Do I Have After a THC-Impaired Driving Accident?
Legally speaking, an accident involving THC is still handled like most other car accident cases. In most situations, the process starts with:
- An insurance claim. You file a claim against the at-fault driver’s insurance company.
- A personal injury lawsuit. If the insurance company refuses to offer a fair settlement or disputes liability, the case can move into court.
The goal of either option is to recover damages related to the accident, such as:
- Medical expenses (both now and in the future)
- Lost income from time away from work
- Damage to your vehicle or other property
- Physical pain and ongoing discomfort
- Emotional stress and mental strain
- A reduced quality of life
- Funeral and burial expenses in fatal cases
- Punitive damages in especially reckless situations
Remember, you only have two years from date of teh accident to file your claim. That sounds like plenty of time, but in reality, filling sooner makes it easier to connect your losses to the accident and to the other driver’s decision to use THC.
Why Do THC-Impaired Driving Accidents Happen in California?
Virtually everybody in California knows it’s illegal to use marijuana and then drive. But unfortunately, that doesn’t stop it from happening every day. The question is why, and that can be helpful if you’re involved:
- Drivers think marijuana doesn’t affect their driving. Some people believe marijuana doesn’t impair them the way alcohol does, even though THC can slow reaction time and affect judgment even more with certain people.
- Edibles can take time to kick in. Drivers sometimes underestimate how strong the effects will be, especially with edibles that take longer to take hold.
- Busy roads require quick reactions. In places like Los Angeles or Sacramento, traffic moves fast and decisions have to be made quickly—something drivers on THC struggle with.
- Night and weekend driving. Many of these accidents happen later in the evening or on weekends when marijuana use tends to be more common.
- Mixing substances. A lot of the most serious accidents involve marijuana mixed with alcohol or prescription drugs, and that makes everything worse.
These accidents aren’t random. They often follow predictable patterns—and unfortunately, you and other drivers end up paying the price. But you’re not out of options or without help.
Get Help From Maison Law After a THC-Impaired Car Accident in California
Just because THC is legal in California doesn’t mean it’s legal to drive while under the influence of it. Unfortunately, THC car accidents happen here every day. When it does, you’re the one that gets hurt. But at Maison Law, our California car accident lawyers can explain your options and guide you through the claims process. Set up a free consultation today.
