Does Driving High Cause Car Accidents?

Does Driving High Cause Car Accidents?

Driving high or under the influence of drugs, legal or illegal, often causes car accidents. Despite knowing the dangers of driving intoxicated, countless Americans get behind the wheel while high every day.

If you've been in a motor vehicle accident with someone driving high, consult a car accident attorney to review your legal rights, including the right to recover compensation for your losses.

Get A Free Consultation Today!

Table of Contents

• Marijuana Drug-Impaired Driving Laws
• Does Driving High Cause Car Accidents?
• Increased Car Accidents in States That Have Legalized Recreational Marijuana
• Effects of Driving High on Marijuana
• Driving High on These Drugs Causes Car Accidents
• What Should I Do After a Car Accident With Someone Driving High?
• Types of Car Crashes Driving High Causes
• Invaluable Ways an Attorney Will Help You With a Drug-Impaired Car Accident
• Call A Car Accident Attorney Today To Protect Your Rights

What's the THC Legal Limit for Drivers?

Because cannabis has not been federally legalized and governed, there is no national per se or legal limit across the country. Individual states have different standards for Tetrahydrocannabinol (THC) concentration.

However, there isn't a precise concentration of THC to test for that allows law enforcement to determine that drivers are impaired as reliably as they can with alcohol. So, proving someone behind the wheel is high can be significantly trickier.

Hiring an experienced car accident lawyer to do the legwork may provide a more favorable outcome for your car accident case.

Marijuana Drug-Impaired Driving Laws

The federal government has left cannabis legalization and impairment laws up to the individual states, making it a bit more challenging to navigate. Legal limits of THC fluctuate according to these laws:

• Per se Law: This law prohibits driving with a specific detectable amount of THC in the body exceeding the legal limit set by the state. Five states operate with per se laws (Illinois, Montana, Nevada, Ohio, and Washington). 
• Zero Tolerance Law: This law prohibits driving with any amount of THC or its metabolites in the body. Twelve states have zero-tolerance laws (Arizona, Delaware, Georgia, Indiana, Iowa, Michigan, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Utah, and Wisconsin).
• Driving Under the Influence of Drugs (DUID): This law is valid in 32 states and simply requires the driver to be under the influence or affected by THC.
• Permissible Inference Law: This law is only valid in Colorado and declares that if THC is detected in a driver's blood in quantities of 5ng/ml or higher, it's permissible to assume the driver is high on marijuana.

Testing for drug impairment can be problematic, primarily due to drug-detecting technology limitations and the lack of a federally agreed-upon THC limit to determine marijuana impairment.

Another tricky measure is accurately gauging the time someone used the drug. Cannabis can remain in someone's system for 30 days, which complicates proving impairment and another reason to consult with an experienced attorney to confirm or contest liability.

Increased Car Accidents in States That Have Legalized Recreational Marijuana 

Using data from death certificates comparing mortality rates in states with legalized recreational cannabis dispensaries against states that only provided access to medical marijuana, the University of Illinois Chicago School of Public Health conducted an informative study.

The data revealed substantial increases in car crash fatalities in four of the seven states considered in the study with legalized recreational markets:

• Alaska (20 percent)
• California (14 percent)
• Colorado (16 percent)
• Oregon (22 percent)

The average recreational markets saw a ten percent increase in motor vehicle accident deaths. The results demonstrate a potential unintended consequence of recreational markets increasing marijuana-intoxicated driving and crash fatalities.

Effects of Driving High on Marijuana

Marijuana can make it harder to focus, concentrate, and react to things while driving. THC, the psychoactive compound of marijuana, activates cannabinoid receptors in the brain. Cannabis consumption affects the brain in many ways, impairing a person's ability to drive safely, including:

• Slow reaction or response times
• Interference with hand-eye coordination
• Cognitive function impairment (thinking and judgment)
• Drowsiness
• Vertigo or dizziness
• Reduced concentration
• Distorted perception of time and speed
• Lane tracking
• Increased anxiety and paranoia

Standard methods for detecting if a driver is high on marijuana are blood, urine, and saliva. A few states have launched oral fluid testing or pilot programs. 

Driving High on These Drugs Causes Car Accidents

Marijuana isn't the only drug that results in a person driving high. Other drugs, including prescription narcotics, are responsible for drug-impaired auto collisions, such as:

• Opioids: Opioids are a drug class, including heroin and prescription pain meds like oxycodone (Oxycontin and Percocet), hydrocodone (Vicodin), codeine, fentanyl, methadone, morphine, etc. They can cause slow or delayed coordination and response times, drowsiness, dizziness, and sedation.
• Stimulants: Methamphetamines and cocaine cause a person's body to speed up. It can lead to speedy, aggressive, and reckless driving accidents. Prescription stimulants like Adderall and Ritalin can also cause a driver to be high and negligent, especially when misused. 
• Psychedelics: Drivers high on LSD (acid), psilocybin mushrooms (magic mushrooms), or mescaline experience altered perception and cognitive processes, including hallucinations, reduced coordination, blurred vision, and confused thinking. Ecstasy and MDMA may also have hallucinogenic side effects, rendering a driver high and negligent.
• Benzodiazepines: Benzodiazepines, commonly called benzos, slow down brain activity, causing decreased concentration, drowsiness, slowed coordination and reaction times, and sedation. Some common benzos are Xanax, Valium, and Klonopin. Recent research correlates an increased risk of traffic accidents by 60 to 80 percent with a 40 percent increased accident liability for drivers who are high on benzodiazepines.

Using two or more drugs together, including mixing one or more with alcohol, can seriously impair a driver. If you know or suspect the at-fault party in your car accident was driving high, speak with a car accident lawyer to determine the next steps.

Get A Free Consultation Today!

What Should I Do After a Car Accident With Someone Driving High?

A motor vehicle accident can be a frightening experience with an overwhelming aftermath, particularly if you suffered an injury. Take these vital next steps to ensure an optimal outcome.

Go to Your Doctor

Seek medical treatment immediately following an auto collision, even if you don't feel like you were seriously injured. Some symptoms can take hours and even days to set in. Your physician will complete a full medical evaluation and advise you on any limitations or restrictions to minimize pain and injury.

Call an Attorney Immediately

Car accident attorneys typically work on contingency, meaning they only get paid if they settle your case. Consultations are free. Contacting an attorney as soon as possible after the accident is advised to protect your legal rights and guide you through the insurance claim process.

Keep a Post-Accident Journal

Document the details of your accident and recovery in a notebook or journal. These details can be useful in helping your attorney prove non-economic damages, such as emotional distress, mental anguish, impact on quality of daily life, and pain and suffering.

Don't Speak to Insurance Representatives or Adjusters

After your car accident, you can expect to hear from the drug-impaired driver's insurance company. Refer them to your attorney. Insurers will question you about your accident and injuries using a line of questioning designed to get you to admit at least partial liability to minimize their own.

Most will request you give them a recorded statement about the details of your accident and pain levels. If you say you're OK before symptoms like whiplash or a concussion fully impact you, it can make proving damages more challenging.

If you've already given the impaired driver's insurer a recorded statement, contact an attorney immediately to discuss what to do next.

Types of Car Crashes Driving High Causes

Drug-impaired driving is a growing problem, resulting in several types of car accidents. Here are some common collisions:

• Rear-End Collisions: These auto accidents commonly occur when the driver crashes into the back of another vehicle. Common reasons include tailgating, texting or talking on the phone, and driving in bad weather conditions.
• Head-On Collisions: These car collisions are hazardous and usually involve high speeds. Because the car's impact at higher speeds is often too much for the vehicle's safety features, head-on crashes can cause severe injuries and fatalities.
• T-Bone Accidents: These accidents occur when vehicles cross paths, with the front end of a vehicle crashing into the side of another vehicle, forming a "T". 
• Rollover Crashes: These crashes happen when a car flips onto its side or roof and no longer has tires touching the ground. While any automobile can flip, rollovers are most common in SUVs and trucks.
• Sideswipe Accidents: These auto collisions happen when one vehicle's side impacts another's side. They frequently occur with blind spots when merging or when a car veers into another travel lane.

The most common injuries that car accident victims suffer include spinal cord injuries, traumatic head and brain injuries, broken bones, rib fractures, soft tissue injuries, open lacerations, full and partial paralysis, internal organ damage, and death.

Invaluable Ways an Attorney Will Help You With a Drug-Impaired Car Accident

You should be resting and recovering. The last thing you need to do is worry about the legal logistics of your car accident, especially if it wasn't your fault. Retaining an attorney provides the smoothest navigation through the legal process.

Investigate Your Circumstances

Your car accident lawyer will investigate the circumstances of your collision, including gathering evidence like police reports, witness statements, and photos and video footage from the accident scene. They may also reconstruct the accident to build your case.

Interview Eyewitnesses

Your attorney will access witness statements from the police report documenting the scene. However, it's not uncommon for them to uncover eyewitness accountings the police didn't collect. An experienced car accident lawyer will find and interview anyone relevant to winning your case.

Organize Your Paperwork

Meeting legal deadlines is a significant part of processing your car accident claim. Your attorney will file all necessary legal paperwork on time and organize everything efficiently.

Assess Your Losses and Calculate Damages

After assessing your losses, a lawyer will help put a monetary value on your damages. You can be awarded three types of damages in a car accident. However, without going to trial, the two that are most common are:

• Economic Damages: Damages are quantifiable financial losses resulting from a car accident, such as medical bills, vehicle repair statements, property damage receipts, and other financial documentation. 
• Non-Economic Damages: These are intangible, such as loss of enjoyment of life, mental and emotional distress, humiliation, loss of ability to use a body part, permanent disfigurement or disability, and pain and suffering.

Punitive damages are only available if your case goes to court, and if there is a reason to further punish the at-fault driver (defendant). Punitive damages punish the defendant for particularly negligent or unreasonable actions. Your experienced car accident lawyer will confirm whether such damages might apply in your case.

Negotiate a Fair Settlement

Insurance adjusters are notorious for sending lowball settlement offers to unsuspecting car accident victims unaware of their tactics. Having a lawyer intercede almost guarantees a higher payout because negotiating is part of their business.

Unlike the general public, lawyers aren't intimidated by negotiating and will fight hard to get you the compensation you deserve. Your car accident attorney will inform you of any settlement offers the insurance company proposes, break down the details, and advise you what is in your best interest. However, you ultimately decide whether to accept or reject a settlement offer.

Represent You in Court

While only a minuscule percentage of car accident claims ever go to trial, if yours does, you'll want legal representation. Your attorney will call relevant witnesses, cross-examine witnesses, and fully represent you and your legal rights.

An experienced lawyer knows many judges, bailiffs, prosecutors, and other people within the system. Having those connections may also benefit your case.

Work on a Contingency Fee Basis

Car accident lawyers handle car accident claims, and most work on a contingency; they only get paid if you do. Seeking a consultation to access their legal wisdom regarding your case costs you nothing.

If you hire an attorney they will disclose the percentage of your settlement taken for costs and fees. Not having any upfront costs mitigates any added financial burden for legal representation. 

Call A Car Accident Attorney Today To Protect Your Rights

Contact a car accident lawyer for your free consultation. During your free consultation, you will have the opportunity to discuss your case with an experienced personal injury lawyer. They have experience with impaired drivers and provide you with clear and objective legal advice.

Get A Free Consultation Today!