As legalized marijuana is now readily available, and as the opioid epidemic rages on with more fervor than ever, so too have the number of injuries and deaths as a result accidents caused by drivers under the influence of drugs. Driving while drugged includes driving while on prescription medications that have the potential to severely impair an otherwise safe driver, and the effects can be just as catastrophic, if not worse.
According to the Governors Highway Safety Association, 44 percent of all fatally injured drivers tested positive for one or more drugs as recently as 2016. Interestingly enough, a majority of these drivers tested positive for both marijuana and opioids. A positive test for a combination of both marijuana and opioids was actually more common than not.
The National Institute on Drug Abuse has also released a report in 2018 indicating that nearly 12.6 million drivers ages 16 or older were under the influence of drugs. They also conducted a study of college students who own a vehicle and found that 1 in 6 were driving under the influence of a drug other than alcohol at least once. Furthermore, 1 in 10 drivers ages 16 to 20 years old were driving while high on marijuana.
Car accidents as a result of a drug-impaired driver can be catastrophic as a drug-impaired driver has little to no control over their vehicle, resulting in tragic and life altering injuries.
If you were involved in a car accident with a drug-impaired driver, you may be entitled to receive compensation for your losses. At West Coast Trial Lawyers, our skilled car accident attorneys are readily available to offer legal assistance. We will review your case to determine what necessary courses of action are needed to get you a fair settlement offer.
Effects of Drug-Impairment on Drivers
The effects of alcohol on human physiology are well documented, yet the same cannot be said about the majority of drugs. This is one reason why drugged driving is such a complex legal issue. The effects of one drug versus another will vary widely depending on the individual. A driver who has consumed methamphetamine or cocaine, for example, might be prone to aggressive or reckless behavior. Sedatives, on the other hand, will primarily cause dizziness and drowsiness.
Alcohol is the most common culprit for the majority of all substances involved in substance impaired car crashes, although marijuana is the next most commonly found drug in blood tests conducted on drug-impaired drivers.
Marijuana creates delays in reaction times, affects one’s perception of time and space, and reduces muscle coordination.
Commonly seen effects in a marijuana impaired driver include:
There are tests that can accurately detect levels of THC (the mind altering ingredient in the marijuana plant) yet the role which marijuana actually plays in car crashes isn’t entirely clear.
This ambiguity is partially due to the fact that THC can be detected for days or weeks after being used. This means that a driver may test positive for marijuana immediately after an accident, even if it was consumed long before the car accident actually happened.
Prescription drugs are often linked with drugged driving car crashes. The most common prescription drugs involved in traffic collisions were pain relievers. Many car crashes involving drugged drivers are caused by a combination of prescription and illegal drugs, which only complicates issues of who, or what, is at fault.
Cases involving prescription drugs are especially complicated, and there are several factors which must be assessed and/or proven anytime these types of drugs are involved in a car crash:
Colorado, a Case Study in Legalized Cannabis
Whichever side of the debate you may be on, it’s impossible to ignore one eye-catching statistic from Colorado since the legalization of recreational marijuana in that state: in 2016, 51 traffic fatalities involved drivers whose THC levels were above the state’s legal limits. When it comes to Colorado, it’s too early to establish a clear correlation between marijuana use and an increase in deadly traffic collisions, as there are too many factors at play and the sample size is too small to draw implicit conclusions. At the same time, it’s impossible to deny the fact that 51 traffic fatalities involved drivers with THC levels above the legal limit.
Being convicted of driving under the influence of drugs can possibly carry punitive damages. Punitive damages are those which are awarded on top of the normal damages intended for medical expenses and property loss. Punitive damages are intended to punish the offender and make an example of them .
There is typically no real cap for the amount of punitive damages that can be awarded in a personal injury claim. Punitive damages will typically be determined at the discretion of the court.
Contact Us to Find Out How We Can Help
If you have sustained injuries as a result of another driver’s drug impairment, you have the right to hold that driver responsible. Our experienced car accident attorneys at West Coast Trial Lawyers can help you recover compensation for the losses you have suffered, including medical bills, property damage, lost wages, and pain and suffering.