While marijuana use is legal in many places for people over the age of 21 and is decriminalized, it does not change whether or not a person under the influence can be considered at fault in a personal injury case.
Marijuana use, legal or not, is treated similarly to alcohol and other substances when it comes to things like driving, operating heavy machinery, and personal injury cases. Like alcohol, cannabis impairs a person’s reaction times.
Most states have passed a range of laws governing the legal use of cannabis to keep people safe. Just like it is illegal to drive under the influence of alcohol or with an open container, the same goes for marijuana.
If you are injured by a person found to be under the influence of marijuana, they cannot use its legality as a defense in a personal injury case.
People who use marijuana have a duty of care to others when they drive a vehicle. While it is legal to use marijuana, operating a vehicle under the influence is not lawful. Doing so can be considered negligence in the event of an accident resulting in injury.
Negligence is a Key Factor
When it comes to personal injury claims, negligence is a crucial factor. The individual guilty of wrongdoing resulting in unnecessary injuries of another can be held legally responsible if they are found to have acted negligently.
Carelessness generally leads to negligence in a personal injury case. Anyone driving under the influence of marijuana can be considered a negligent driver who is not taking due care for the safety of others.
A negligent party or their insurance company may be held liable for monetary compensation for the damages brought forward by the injured person.
Damages due to an injury of a negligent party must be documented and presented in a personal injury lawsuit through the courts. Damages can include medical expenses, loss of earnings, pain, suffering, emotional trauma, and similar losses.
If a driver has injured you while they were under the influence of marijuana, contact our office right away to ensure proper documentation of your injuries to receive maximum compensation. We can help you get the compensation you deserve.