Negligence in a Marijuana Related Car Accident

In a study just a few years ago, around 2.5% of fatal car accidents were attributable to marijuana use while driving or shortly before getting behind the wheel.

Driving High

Negligence is the failure to use reasonable care. In other words, it means doing something that a sensible person would not do, or failing to do something that a sensible person would do under such circumstances.

Negligence is a 'legal cause' of damage if it directly contributes to such damage, so if not for negligence, the injury, damage or loss would not have transpired. Generally, an individual who causes an injury or loss to another due to his or her negligence is responsible for the consequences. For example, a person driving a car under the influence of marijuana and injures another person.

Although there is no compelling evidence supporting the claim that marijuana use leads to traffic accidents, marijuana can affect a person’s perception and psychomotor performance, which may impair driving ability. Surveys of fatal car accidents are somewhat inconclusive because when THC is detected in the driver’s blood, alcohol is usually detected as well. For some, marijuana does play a role in poor driving.

Scientific Evidence

It is well known that alcohol increases the likelihood of causing an automobile accident. However, evidence of marijuana related car accidents is much less convincing.

Presently, a great deal of research exists to explore the impact of marijuana on a person’s psychomotor skills and driving performance. The research consists of studies with driving simulators, on-road performance research, crash liability research, and reviews of existing evidence.

So far, the result of this research is consistent. Marijuana has a mild yet measurable effect on psychomotor skills. However, it does not appear that marijuana usage alone plays significant role in automobile crashes, especially when compared to alcohol. Therefore, many lawyers focus on negligence rather than intoxication in order to win cases for their clients.

A Lawyer Knows What to Do

Proving that an accident was caused by someone because the driver at fault was under the influence of marijuana can be difficult. However, an experienced accident lawyer knows how to talk with judges, jurors and other attorneys in order to get a case ruled in your favor. Even though there is little to support the fact that marijuana leads usage to car accidents, a qualified lawyer is able to find and present plenty of evidence to support the fact that marijuana usage does lead to negligence.

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