Recreational use of marijuana continues to climb, even though the drug remains illegal in South Carolina. Unfortunately, more and more of our friends and neighbors are getting hit by someone driving under the influence of marijuana. Call West Law Firm Personal Injury Lawyers after an accident. We have served the Lowcountry since 1945, and we understand the rights of car accident victims. A Moncks Corner car accident lawyer can review the facts and determine whether you can sue for compensation.
How Marijuana Impairs Driving
Cannabis has many negative effects on motorists. According to the Centers for Disease Control, marijuana can impair driving in various ways:
- Slows reaction time and reflexes, such as hitting the brakes to avoid a crash.
- Distorts vision and impairs a person’s ability to see a pedestrian or motorist, especially at night.
- Impedes coordination, making it harder to turn the wheel to avoid a collision.
While driving under the influence of marijuana, a driver can fail to take swift, defensive action to avoid a crash. They might not even stop in time but run through a red light and crash into someone passing through an intersection on a green.
Marijuana use is a serious problem. The CDC estimated that 52.5 million people in the U.S. used marijuana in 2022, and we are not surprised if a million of them were in South Carolina.
Your Rights as an Accident Victim
Under South Carolina law, motorists can seek financial compensation when a dangerous or negligent driver strikes them. We can request damages for:
- Medical care to treat your bodily and psychological injuries;
- Lost wages or income, including gig or part-time income;
- Damage to your vehicle or other property;
- Pain and suffering.
A person who drives immediately after smoking a joint or inhaling marijuana is clearly negligent.
However, you will need evidence, which can be difficult. There is no roadside breath test to measure the marijuana in a driver’s system after a crash.
Evidence for a Marijuana DUI
If you believe a driver was impaired, call West Law Firm Personal Injury Lawyers. We know how to build the factual basis of a claim.
Here is some evidence we can use in your settlement negotiations:
- Your memories of the driver. Was he shaky? Did he reek of marijuana? Maybe the driver was clutching a bag of pot when he exited the vehicle. Please share any details like this with your legal team.
- Toxicology test results. If the police responded to the crash, they might have sought a blood or urine test to measure drugs in the driver’s system. We can seek permission to use these results in your personal injury case.
- Any statements made by the defendant. This person could have stated that they were high. We can seek to use these statements.
- Witness testimony. Other people could have noticed the driver was acting weirdly or smoking marijuana in the moments before a crash. We can seek to have them testify.
This evidence shows the driver was impaired by drugs, which is sufficient to win a personal injury case.
Call Our Berkeley County Car Accident Lawyers Today
We have helped thousands of people injured in car wrecks, and we are available to help you, too.
Contact us to schedule a free consultation.