Marijuana laws continue to evolve across the United States. Here in West Virginia, medical marijuana is legal for patients with qualifying conditions, but recreational marijuana remains illegal. While both attitudes and laws about marijuana have changed, it is important to understand that marijuana can significantly impair a person’s ability to operate a vehicle safely and can increase the likelihood of serious accidents.
In West Virginia, driving under the influence of marijuana is illegal. If an impaired driver causes a collision, they may face both criminal penalties and civil liability for any harm that they cause. Our Charleston car accident attorneys will work hard to get you full compensation for your property damage, medical bills, lost wages, pain and suffering, and other losses.
At Johnstone & Gabhart, we understand how devastating drunk and drugged driving accidents can be for victims and their families. We fight to help our clients get maximum compensation for their losses and never charge a fee unless we recover money for you. Reach out to our law offices today to schedule a free consultation with a West Virginia personal injury lawyer.
How Marijuana Impairs Driving
There is a common misconception that marijuana use is perfectly safe, including when it comes to driving. The reality is that although pot affects a person differently than alcohol, marijuana can affect the brain and body in ways that can make driving dangerous. At a minimum, marijuana can reduce a driver’s ability to react appropriately and make safe decisions behind the wheel.
The active compound in marijuana, tetrahydrocannabinol (THC), impacts functions that are essential for safe driving, including attention, coordination, judgment, and perception. This can lead to:
- Slower Reaction Times: One of the most significant dangers associated with marijuana use is delayed reaction time. Safe driving requires motorists to react quickly to changing road conditions, including:
- Sudden stops
- Pedestrians crossing the street
- Traffic signals
- Road hazards
- Changing weather conditions
- Unexpected movements from other drivers
Marijuana use can slow a person’s ability to process information and respond promptly. A delayed reaction of even a few seconds can mean the difference between avoiding a collision and causing a catastrophic accident.
For example, a driver under the influence of marijuana may:
- Fail to brake in time to avoid a rear-end collision
- React too slowly to a vehicle merging into traffic
- Miss a traffic light change
- Fail to avoid debris or obstacles in the roadway
At highway speeds, delayed reactions can have deadly consequences.
- Impaired Judgement and Motor Coordination: Marijuana can also impair judgment and motor coordination, both of which are critical for operating a vehicle safely. Drivers under the influence of marijuana may experience:
- Difficulty judging distances
- Reduced ability to stay within lanes
- Poor decision-making
- Reduced concentration
- Problems multitasking
- Difficulty maintaining speed control
Motor coordination may also suffer, making steering, braking, and accelerating more difficult.
Impaired judgment can lead drivers to take unnecessary risks, such as:
- Speeding
- Unsafe lane changes
- Running red lights
- Following too closely
- Misjudging gaps in traffic
Marijuana may also distort perception and alter a driver’s sense of time and space. This can interfere with the ability to accurately assess traffic patterns and roadway conditions.
- Combining Marijuana with Alcohol or Other Drugs: The risks become even greater when marijuana is combined with alcohol or other substances. Studies have shown that combining marijuana with alcohol can significantly increase impairment. Drivers who use multiple substances may experience:
- Greater cognitive impairment
- Severe coordination problems
- Increased drowsiness
- More dangerous driving behaviors
Unfortunately, many serious crashes involve drivers impaired by more than one substance.
Legal Consequences for Driving Under the Influence of Marijuana
West Virginia prohibits driving under the influence of alcohol and/or drugs, including marijuana. Even if a person has a medical marijuana card and is legally using marijuana, they can still be charged with a crime if they operate a motor vehicle while impaired.
Even though marijuana laws are changing nationwide, impaired driving laws are still strictly enforced. In West Virginia, a driver may be charged with driving under the influence if marijuana impairs their ability to drive safely.
Unlike alcohol-related DUIs, there is no universally accepted roadside test that precisely measures marijuana impairment in real time. However, law enforcement officers may rely on several other forms of evidence, including:
- Observed driving behavior
- Physical signs of impairment
- Field sobriety tests
- Statements made by the driver
- Toxicology tests
Drivers convicted of marijuana-related DUI offenses may face serious penalties, including fines, jail time, a driver’s license suspension, mandatory substance abuse treatment, and increased insurance premiums. Penalties will typically be more severe for repeat offenses or impaired driving accident cases, particularly if the crash causes injuries or fatalities.
In addition to criminal consequences, impaired drivers may also face civil liability when their actions injure others. A person injured in a marijuana-related accident may seek compensation through a personal injury claim or lawsuit. Civil cases are separate from criminal proceedings, with the focus on compensating victims for their losses.
Even if a drugged driver is not charged with a crime, an impaired driver can still be held financially responsible for causing an accident. Our Charleston car accident lawyers can work with you to hold an impaired driver accountable for your injuries.
Proving Fault in Marijuana-Related Accidents
Establishing fault in a marijuana-related accident case often requires a detailed investigation. An experienced attorney will get to work immediately to develop a strong case for compensation.
Several types of evidence may help to establish fault in marijuana-related accidents. This may include:
- Police Reports: Officers responding to the crash scene may document signs of impairment, driver statements, traffic violations, and witness observations. These reports can become important evidence in personal injury cases.
- Toxicology Testing: Blood or urine tests may reveal the presence of THC or other substances. However, marijuana impairment cases can be complicated because THC may remain detectable in the body long after a person is no longer “under the influence.” As a result, toxicology results are often considered alongside other evidence.
- Witness Statements: Eyewitnesses may describe things like erratic driving behavior, swerving, speeding, delayed reactions, or confused or impaired behavior after the crash. Independent witness testimony can strengthen an accident victim’s claim.
- Surveillance and Dash Camera Footage: Video footage from nearby businesses, traffic cameras, or dashboard cameras may capture the accident and help to establish liability.
- Accident Reconstruction: In serious crashes, accident reconstruction experts may analyze vehicle damage, road conditions, skid marks, vehicle speed, and driver actions to determine how the collision occurred.
Keep in mind that the at-fault driver’s insurance company will rarely offer you full compensation for your losses, even if liability is clear and there is evidence of marijuana impairment. Instead, insurance companies will often offer you pennies on the dollar with the hopes that they can resolve the case quickly and cheaply. The best way to get top dollar for your injuries is by working with an experienced West Virginia drugged driving accident attorney.
Our lawyers won’t simply accept a lowball settlement offer. We will develop strong evidence to prove that the other driver was at fault for your accident. We will then negotiate a fair settlement or take your case to trial if necessary to get you the money that you deserve.
How Our Law Firm Can Help
Driving under the influence of marijuana poses serious dangers on West Virginia roads. Marijuana can impair reaction times, judgment, coordination, and decision-making, increasing the risk of devastating accidents. If you have been hurt in a marijuana-related crash, our law firm will work hard to establish evidence of fault and fight to get you full compensation for your losses.
Johnstone & Gabhart understands that no matter how harmless marijuana may seem, it can still impair a person’s ability to drive safely. We work with experts to establish fault in marijuana impairment accident cases, fighting to help our clients get maximum compensation for their losses. To learn more or to schedule a free initial consultation with a West Virginia car accident attorney, give us a call at 866-808-2016 or fill out our online contact form.
