You're driving home on Route 211 after a long day at work when suddenly, a car swerves into your lane and sideswipes you. When you step out to assess the damage, the other driver seems disoriented, and you notice a distinct odor. You suspect marijuana impairment, but how does this affect your car accident claim?
In the era of legalized medical marijuana and decriminalized recreational use, more Virginians are getting behind the wheel while high. If you’re a marijuana accident victim, the car accident lawyers at Dulaney, Lauer & Thomas can guide you through the unique legal issues involved and fight for the compensation you deserve.
Signs of Marijuana Impairment
Marijuana can significantly impair driving ability, leading to slower reaction times, difficulty maintaining lane position, and decreased coordination. According to the National Highway Traffic Safety Administration, marijuana use can impair judgment, motor coordination, and reaction time—all critical skills for safe driving.
Some signs an at-fault driver may be under the influence of marijuana include:
- Strong odor of marijuana in the vehicle or on the driver's clothing
- Bloodshot eyes
- Impaired memory or concentration
- Slow, slurred speech
- Lack of balance and coordination
- Delayed response to traffic signals or other drivers' actions
- Erratic driving, weaving, speed fluctuations, or failure to maintain lane position
If you suspect driver impairment, alert responding officers so they can conduct a thorough investigation. Unlike alcohol-related accidents, there is no standard roadside test for marijuana intoxication in Virginia. This means it’s critical to document any signs of impairment you observe.
Evidence to Collect at the Scene and Beyond
Since proving marijuana impairment can be challenging, it's essential to gather as much evidence as possible at the accident scene and in the days that follow. If you're able, take the following steps:
- Call 911 to report the accident and request medical assistance if needed.
- Notify responding officers if you suspect the other driver is impaired. Share your observations about their behavior, speech, and any odor of marijuana.
- Take photos of the accident scene, vehicle damage, and any visible injuries you've sustained.
- Collect contact and insurance information from the other driver.
- Gather contact information for witnesses who may have seen the driver's erratic behavior before the crash or signs of impairment afterward.
- Seek prompt medical attention and tell your providers you suspect the other driver was impaired. Follow all treatment recommendations.
- Contact a knowledgeable Virginia impaired driving attorney before giving any statements to insurance companies.
Unlike the 0.08% BAC limit for alcohol, there is no clear legal limit for marijuana intoxication in Virginia. Substantial evidence can help your case, such as:
- Police reports noting signs of impairment
- Witness statements about erratic driving
- Video footage from traffic or dashboard cameras
- Social media posts or texts about the driver's marijuana use
- Results of blood tests showing active THC levels
Our Virginia car accident lawyers work with trusted experts, including toxicologists and accident reconstructionists, to build the strongest possible case on your behalf. We'll thoroughly investigate the circumstances of your crash to uncover critical evidence of impairment.
Virginia's Evolving Marijuana Laws
In July 2021, Virginia legalized simple possession of marijuana and began a process for retail sales with the following rules:
- Adults 21+ can possess up to one ounce of marijuana for personal use
- "Adult sharing" of small amounts is permitted, but sales are not
- Licensed medical marijuana dispensaries serve approved patients
- Driving under the influence of marijuana remains illegal
- Police officers can order a driver to submit to a blood test if they suspect drug impairment
This evolving legal framework can complicate insurance claims and legal strategies. You need a knowledgeable Virginia impaired driving attorney who understands how these laws may impact your case and can build a compelling argument for maximum compensation.
Seeking Compensation After a Marijuana-Impaired Driving Crash
If a marijuana-impaired driver has injured you, you may be entitled to compensation for:
- Current and future medical expenses
- Lost wages and reduced future earnings
- Pain and suffering
- Vehicle repair or replacement costs
- Punitive damages in cases of gross negligence
However, insurance companies often push back hard on these claims, arguing that marijuana impairment is difficult to prove definitively. You need an experienced advocate to fight for the full compensation you deserve.
At Dulaney, Lauer & Thomas, we understand the complicated issues surrounding marijuana-impaired driving cases. If you suspect the driver who hit you was under the influence, our Virginia impaired driving attorneys will explore your legal options and develop a strategy tailored to the unique facts of your case. With more than 30 years of experience and a reputation for tenacious advocacy, we're committed to maximizing your financial recovery and helping you move forward after a devastating crash.