In 2016, California became one of the first states to legalize marijuana for recreational use, lifting restrictions on sale, use, and cultivation. However, despite state legalization, marijuana remains illegal under federal law, and illegal to use under certain conditions–such as driving a car.
Driving under the influence (DUI) of marijuana is strictly enforced in California, applying to all drivers. If drivers are caught driving under the influence of marijuana, they could face stiff criminal penalties. On top of that, when they cause an accident, it could be you and your family that’s left to deal with even more serious physical and financial consequences. That’s where the guidance of our team of California personal injury lawyers can be vital.
California Personal Injury Lawyers Will Support You After a Car Accident
At Maison Law, we are dedicated to providing a personalized approach to each case. When you choose us as your legal counsel, you can expect outstanding legal services and unwavering client care from start to finish. Contact us today for a free consultation to learn more about how we can help you.
Is It Illegal To Drive While Under the Influence of Marijuana in California?
The vast majority of driving under the influence laws in California were designed for and centered around alcohol. With that said, there are a number of other substances that can seriously impair a person’s ability to safely drive a car. This is especially true of marijuana, which is by far the most commonly used drug in the United States. In fact, a study from the California Department of Public Health found that fatal car accidents due to marijuana use increased from 18% to 22% between 2013 and 2017.
As a result, California law expressly prohibits driving or riding in a car while under the influence of marijuana.
Even with these laws in place, driving under the influence of marijuana is still a serious issue in California. The effects of driving under the influence have been extensively studied, revealing how marijuana impairs a person’s ability to drive. Much like alcohol, marijuana causes car accidents in the following ways:
- Impaired cognitive functions – It affects attention, perception, and decision-making, leading to slower reaction times and reduced ability to make quick judgments while driving.
- Altered perception of time and distance – Marijuana can distort a person’s sense of time and distance, resulting in misjudgments while driving, like misjudging other vehicles’ speed or the time needed to change lanes or brake safely.
- Reduced coordination – It can affect motor skills and coordination, making it difficult to control the vehicle properly, especially during complex driving maneuvers.
- Drowsiness and fatigue – Some marijuana users experience drowsiness or fatigue, increasing the risk of falling asleep at the wheel or being less alert while driving.
The effects of marijuana on driving can differ based on the person’s tolerance, the strength of the marijuana, and how it is used. However, any impairment can raise the risk of car accidents and threaten road safety. That’s why it’s important to know what to do if you’re injured in an accident caused by a driver’s marijuana use.
Steps To Take After an Accident Where the Driver Used Marijuana
Clearly, in the event of an accident where the other driver was using marijuana, it’s probable that you’ll have at least sustained minor injuries. Still, if you are capable, there are crucial actions you’ll need to take which can aid you in a potential legal claim. These actions include the following:
- First, check for injuries and, if possible, move to a safe location.
- Dial emergency services (911) to report the accident and ask for medical help if necessary.
- Be sure to share your contact and insurance details with the other driver involved in the accident. Additionally, collect contact information from any witnesses present at the scene.
- Take photos of the accident scene, vehicle damage, road conditions, and any important details.
- Notify law enforcement about the accident and let them know if you suspect the use of marijuana by the driver.
- Even if you feel fine at first, it’s essential to get a medical evaluation to ensure there are no hidden injuries.
- Don’t admit fault or make statements about the accident to the other driver or witnesses.
- Inform your insurance provider about the accident and provide them with accurate and honest information.
Remember, the impact of marijuana use on driving can vary, but it’s essential to take appropriate steps to ensure your safety and protect your legal rights after such an accident. To that end, consider seeking legal advice from our team. We can help guide you through the legal process.
How Can Our California Personal Injury Lawyers Assist You After a Car Accident?
After experiencing injuries in an accident where the other driver was using marijuana, the process of recovering damages and handling a claim can quickly become overwhelming. On top of that, you’ll also need to get medical help, pay for it, fix any damage to your vehicle, and try to get back to your normal routine–all while trying to deal with the emotional and psychological impact of the accident.
Juggling all these challenges while pursuing a claim with an insurance company highlights the complexity of the situation. However, if you choose to work with our team of California personal injury lawyers, we can take some of the burden off of you by assuming the day-to-day responsibilities of your claim. Here’s how we can help:
- Determining liability in the accident – In the vast majority of DUI accidents, the responsibility lies with the intoxicated driver. We will diligently gather police reports or arrest records to substantiate this fact.
- Collecting essential evidence – In DUI accident cases, crucial evidence often includes photographs and videos of the accident scene and damages, medical records and bills, and statements from eyewitnesses.
- Interviewing witnesses and experts – Over the years, we have cultivated a vast network of medical experts, reconstructionists, and other professionals who can provide testimonies in your favor.
- Representing you against the at-fault driver’s insurance company and lawyers – One of the most important parts of our job is dealing with insurance companies. We know all the different tactics they use to weaken your case, and we have the knowledge and skills to effectively fight against these tactics.
- Building a compelling case for you – Our experience and legal skills allow us to create a strong and convincing case for your damages, using all of these elements to make sure you get the treatment you deserve under the law.
Damages in a California DUI Accident Claim
Once you decide to move forward with a claim, our team can help you put together a case for compensation from the person who was at fault for causing the car accident that led to your injuries. Generally speaking, you’ll first have to show the other driver was negligent–which is fairly straightforward if they were using marijuana. From there, you can receive compensation for both the property damage and bodily injuries you suffered in the accident.
In most DUI accident cases, common damages sought include:
- Medical expenses
- Lost wages
- Travel costs for treatment
- Rehabilitation expenses
- Loss of future income
- Vocational retraining costs
- Pain and suffering
- Mental anguish
- Loss of consortium (impact on relationships)
- Loss of quality of life
- Permanent disability or disfigurement
- Wrongful death expenses, in the case of a fatal accident
In some cases, the court may award additional money known as “punitive damages” along with regular compensation. This happens when the person who caused the accident was highly negligent. In California, driving under the influence is considered one of those reckless behaviors that could lead to receiving these extra damages.
Legal Support You Can Count On in California
Being injured or losing a loved one in an accident caused by a person driving under the influence of marijuana is one of the most tragic outcomes of a car accident in California. These accidents bring immense and lasting consequences to your financial, emotional, and mental well-being.
At Maison Law, we’re dedicated to defending the rights of accident victims and their families, especially in cases involving drivers under the influence of marijuana. You can count on our team.
If you or a loved one have been hurt in one of these accidents, don’t hesitate to contact us today to set up a free, no-obligation consultation and case evaluation.
