A Legal Guide to Marijuana (DWI/DUI) Car Accident Claims in Georgia

Have You or A Loved One Been Injured by a Driver Who Was High on Marijuana (THC) in Georgia?

The legalization of marijuana in many states has caused an increase in accidents due to drivers who are under the influence. A study by the Insurance Institute for Highway Safety found that crash rates spiked in states that legalized recreational marijuana. It also found that the risk of a fatal crash was now 10% higher.

Marijuana use can impair a driver’s reaction time, judgment, concentration, and coordination. Additionally, combining marijuana with alcohol can cause even greater impairment.

It’s important for drivers to be aware of the risks of driving under the influence of marijuana.

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Here are some facts about the relationship between marijuana use and auto accidents:

• According to the National Highway Traffic Safety Administration (NHTSA), drivers who test positive for marijuana are twice as likely to be involved in a fatal crash as drivers who do not use marijuana.
• A study by the AAA Foundation for Traffic Safety found that the risk of a fatal crash is 23% higher for drivers who use marijuana within two hours of driving.
• Marijuana can impair a driver’s ability to perform a variety of tasks, including:
  • Maintaining a safe following distance
  • Making lane changes
  • Judging distances
  • Reacting to unexpected events

Any use of Marijuana is a Criminal Offense in Georgia

Georgia takes a strict stance on marijuana use outside of the state’s narrow medical cannabis program. While some localities in Georgia have decriminalized small amounts of marijuana, state law categorizes marijuana as a Schedule I controlled substance. This means that possession, sale, and use of marijuana for recreational purposes is a criminal offense.

This includes driving while under the influence of marijuana. Georgia has a zero-tolerance policy for drug-impaired driving. If you are caught driving with any amount of THC (the active ingredient in marijuana) in your system, you can be charged with DUI. The penalties for DUI in Georgia include fines, suspension of your driver license, and even jail time.

Being under the influence of marijuana when you’re in a car accident can affect the outcome of any resulting legal claims.

Can the Other Driver’s Marijuana Use Increase My Compensation?

Punitive damages are a special category of damages awarded in personal injury cases where the defendant’s actions were especially reckless, negligent, or malicious. Unlike compensatory damages, which are meant to reimburse the victim for losses and expenses related to the accident, punitive damages are intended to punish the wrongdoer and deter similar conduct in the future. In Georgia, punitive damages can be awarded in car accident cases where the at-fault driver was under the influence of marijuana at the time of the accident.

Marijuana use while driving is considered particularly reckless behavior because it will impair a driver’s judgment, slow reaction times, and adversely affect motor skills. When a driver chooses to operate a vehicle under the influence of marijuana, they knowingly put others at risk. In these cases, a court may find that the driver’s actions were egregious enough to warrant punitive damages. The goal is not only to penalize the driver for their behavior but also to serve as a strong deterrent to others who might consider driving under the influence of marijuana.

However, it’s essential to note that there are limits on punitive damages in Georgia. Currently, the state caps punitive damages at $250,000 in most personal injury cases, with some exceptions for cases involving particularly egregious conduct or where the defendant acted with a specific intent to cause harm. Moreover, proving that punitive damages are warranted requires clear and convincing evidence of the defendant’s recklessness or malice, a higher standard than the preponderance of the evidence standard typically used in personal injury cases.

How to Detect Marijuana Use After an Accident – At the Accident Scene

Detecting marijuana use at the scene of a car accident helps to establish liability and can protect your rights as a victim. Here are some ways you can identify if an involved driver was under the influence:

Behavior: Look and listen for slurred speech, bloodshot eyes, poor coordination, or confusion. Someone who is unusually relaxed, giggly, or lethargic after an accident may also be under the influence of marijuana.

Smell: Marijuana’s odor is often described as skunky or earthy. If you smell this on the driver, in their vehicle, or on their clothes, it may be a sign of recent marijuana use.

Physical Evidence: Look for paraphernalia in the other driver’s car. This could be items like pipes, rolling papers, vaporizers, or containers of marijuana.

Witness Statements: Ask any witnesses if they noticed any signs of marijuana use by the involved drivers.

Inform Law Enforcement: If you think the other driver is under the influence of marijuana, tell the police officers on the scene. They can conduct field sobriety tests or request a blood or urine sample to test for THC.

Document Everything: If you think you see signs of marijuana use, make a note of them and take photographs, if possible. Documenting evidence at the scene can be helpful when filing a personal injury claim and dealing with insurance companies.

Remember, it’s important that you stay safe at the scene of an accident. If you suspect marijuana use by an involved driver, don’t confront them. Instead, gather evidence, speak to the police, and consult with an experienced personal injury attorney.

How Can I Prove the At-Fault Driver Was Using Marijuana?

While it might seem easy to show that a driver was under the influence of marijuana at the time of an accident, proving it legally can be difficult. Here are some things to consider:

Lack of a Standardized Measurement: While there is a legal blood alcohol concentration (BAC) limit of 0.08% in most states, there’s no universally accepted limit for marijuana intoxication.

THC levels vary among individuals, making it difficult to establish a standardized measurement for impairment.

Time Frame of Testing: THC can be detected in the bloodstream for several weeks after consumption, especially in frequent users. This means a positive drug test does not mean the driver was impaired at the time of the accident.

Variety of Effects: The effects of marijuana can vary depending on the strain of the plant, method of consumption, and the user’s tolerance level. This makes it difficult to pinpoint consistent signs of impairment for users.

Legal Defenses: If the at-fault driver has a medical marijuana card, they could argue they are a legal user and they were not impaired at the time of the accident.

Expert Testimony: Proving someone was impaired by marijuana may require testimony from medical experts, toxicologists, or accident reconstruction specialists. They can provide details of the likely effects of the drug on the driver and how it could have contributed to the accident.

You need to talk to an experienced DUI accident attorney if you’re involved in an accident where marijuana use is suspected. They can help you gather the evidence, work with experts, and build a strong case to help you get the compensation you deserve.

How Can Your Team of Georgia DUI/DWI Injury Lawyers Can Help Me?

if you were hit by someone who was high on marijuana, you may be entitled to compensation for your injuries. Our team of DUI accident attorneys can help.

Our DUI accident attorneys can help you with the following:

• Investigate the accident. We will investigate the accident to determine if the other driver was under the influence of marijuana. That includes interviewing witnesses, gathering evidence, and consulting with toxicology experts.
• Negotiate a settlement with the insurance company. The insurance company for the other driver may be willing to settle your claim without going to court. We can negotiate a settlement that will fairly compensate you for your injuries – if you have a case.
• File a lawsuit if necessary. If the insurance company refuses to settle your claim, we can consider going after the other driver.

In addition to helping you get compensation for your injuries, a DUI accident attorney can also help you with the following:

• Deal with the insurance companies. The insurance companies for the other driver and your own car insurance company may be difficult to deal with. Your attorney can handle all of the communication with the insurance companies and make sure that you are treated fairly.
• Track your medical bills. Medical bills can add up quickly after a car accident. Your attorney can track your medical bills and make sure that they are paid in a timely manner.
• Help you with your recovery. A car accident can be a traumatic experience. Your attorney can help you cope with the emotional and physical effects of the accident. They can also help you get the rehabilitation and treatment you need to recover.

If you were hit by someone who was high on marijuana, you should contact a DUI accident attorney as soon as possible. They can help you get the compensation you deserve and help you through the difficult process of recovering from a car accident.