Attitudes about marijuana have definitely shifted over the past decade. More people than ever before use marijuana recreationally or medicinally. When it comes to impaired driving, this raises serious concerns for the safety of others on the road.
Just like driving drunk, driving while high is also a crime in West Virginia. If another driver crashes into your car while under the influence, you may be able to file a lawsuit against them. Our West Virginia car accident attorneys will fight to get you justice for your injuries, working tirelessly to get you maximum compensation.
Based in Charleston, Johnstone & Gabhart represents clients throughout West Virginia. We offer free initial consultations to all prospective clients and never charge a fee unless we get money for you. Reach out to our law offices today to schedule an appointment with a West Virginia personal injury lawyer.
How Marijuana Impairs Driving
In recent years, many states throughout the country have fully legalized marijuana. While West Virginia (and the federal government) still prohibit the recreational use of marijuana, its use has become much more widespread and accepted. However, that doesn’t necessarily mean that marijuana is safe, especially when it comes to driving.
According to the National Highway Traffic Safety Administration (NHTSA), between 2007 and 2013, there was a 48% increase in the number of weekend nighttime drivers who tested positive for tetrahydrocannabinol (THC), the psychoactive ingredient in marijuana. This study was performed before many states legalized medical and/or recreational marijuana. Today, the percentage of drivers who test positive for THC may be even higher.
While many people view marijuana as a relatively harmless, natural way to relax or have a good time, this simply is not true when it comes to driving. Research shows that marijuana:
- Impairs motor skills, lane tracking, and cognitive functions
- Harms a driver’s ability to multitask
- Increases the risk of an accident
- Affects the areas of the brain that control body movements, balance, coordination, memory, and judgment.
In other words, much like alcohol, cannabis can affect a person’s ability to drive safely. When a person drives under the influence of marijuana, their reaction time and ability to make decisions are significantly slowed. Their coordination is also impaired, and their perception can be distorted.
Although medical marijuana was legalized in West Virginia in 2017, it is still a crime to drive while impaired by any substance, including marijuana. Even if a person has a medical marijuana card, they can be charged with driving under the influence (DUI) if they drive while impaired. A first-time conviction for DUI of drugs may lead to consequences such as at least 24 hours in jail, a fine of up to $500, and a 6-month license suspension.
One of the challenges with marijuana-impaired driving is that THC can remain in a person’s system for weeks after they use it. In West Virginia, a person can be charged with driving under the influence of marijuana if:
- A urine test reveals a minimum of 10 nanograms of marijuana per milliliter of urine
- A blood test shows a minimum of 3 nanograms per milliliter of blood
A person can also be charged with a DUI of drugs if they are impaired to the extent that they cannot safely operate a motor vehicle, regardless of the level of THC in their system.
Beyond criminal charges, driving under the influence of marijuana runs a real risk of causing an accident. If you were a victim of a marijuana-related car accident in West Virginia, our law firm will fight to get you the compensation that you deserve for your injuries.
Filing a Lawsuit for a Marijuana-Related Car Accident in West Virginia
If you are in a car accident and believe that the driver may have been under the influence of marijuana at the time, you might be able to file a lawsuit against them. Through a personal injury claim, you can recover money for all of your losses.
Typically, the accident victim (plaintiff) has the burden of proving that the at-fault driver (defendant) was responsible for an accident. This usually means introducing evidence that the defendant acted negligently (carelessly), intentionally, or recklessly. When the defendant was impaired at the time of the crash, that may change the legal standard a bit.
Under West Virginia’s negligence per se laws, a defendant may be presumed to be negligent in certain situations. The burden will then shift to the defendant to prove that they were not negligent. To take advantage of this rule, a plaintiff will have to show:
- The defendant violated a law or regulation, such as the prohibition on driving under the influence of marijuana.
- The violated law was intended to prevent the type of harm that occurred (such as a car accident).
- The violation was the direct cause of the plaintiff’s injuries.
- The plaintiff is a member of the class of people that the law was intended to protect.
- The plaintiff suffered damages (losses) as a result.
In a marijuana-impaired driving accident, negligence will be presumed if you can prove that the at-fault driver was high at the time of the crash and that their impairment caused the accident. If the driver was charged with a DUI, it may be easy to prove impairment. Otherwise, you may be able to introduce other evidence, such as testimony from witnesses, to prove that the defendant had been smoking or consuming marijuana prior to the accident.
As experienced West Virginia car accident attorneys, we thoroughly investigate each case to develop the strongest possible factual and legal basis for your claim. We will work hard to prove that the at-fault driver was responsible for the accident, whether because they were impaired or for another reason. Our ultimate goal is to help you get maximum compensation for your injuries.
Even if the defendant is not charged with a criminal offense, we can still pursue a civil lawsuit against them for your losses. Through a personal injury claim, you can recover money for your:
- Economic damages, such as lost wages, medical costs, property damage, future medical treatment, and reduced earning capacity;
- Non-economic damages, including pain and suffering, reduced quality of life, scarring, disfigurement, and emotional distress; and
- Punitive damages may be awarded in marijuana-related car accident cases because the at-fault driver acted intentionally or recklessly. In West Virginia, punitive damages are capped at the greater of $500,000 or 4 times compensatory (economic plus non-economic) damages.
We will work hard to make sure that you get the money that you deserve for your injuries. Our legal team won’t simply accept a lowball settlement offer from the defendant’s insurance company. Instead, we will fight to get you a fair settlement.
Most personal injury claims are resolved outside of court. However, our lawyers will be ready, willing, and able to take your case to trial if necessary. As seasoned litigators, we aren’t afraid to take on big insurance companies in court…and we have a track record of success to prove it.
We know that being in a car accident with an impaired driver can be incredibly scary. We will stand by your side throughout the process, taking on the insurance company for you so that you can focus on your health and well-being. Our Charleston car accident lawyers won’t back down and won’t rest until you get justice for your injuries.
Help for Charleston Car Accident Victims
Marijuana may seem harmless, but it does affect your ability to drive safely. If you are hurt in an accident that was caused by a marijuana-impaired driver, you can file a lawsuit against them for your losses. Our law firm will advocate for you and help you get the money that you deserve.
At Johnstone & Gabhart, we have decades of combined experience representing victims of all types of car accidents in West Virginia, including those caused by impaired drivers. We understand the complexities involved in these cases and will work with you to help you get the best possible outcome. To learn more or to schedule a free consultation with a West Virginia car accident lawyer, call our law firm at 304-343-7100 or fill out our online contact form.
