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What if I am Injured in a Car Accident by a Driver Under the Influence of Marijuana?

How is Liability Determined in a Marijuana-Related Car Accident in Nevada

In 2016, the majority of voters in Nevada voted to legalize marijuana in the state, leading to a law change that legalized the retail sale of marijuana in Nevada as of June 30, 2017. Some experts have been concerned about the increase in vehicle accidents due to drivers under the influence of marijuana. This potentially complicated situation means that drivers may be at increased risk of vehicle accidents, which may leave them wondering, what happens if I am injured in a car accident when the at-fault driver is under the influence of marijuana? Your Nevada car accident lawyer is ready to answer your questions and help you understand your legal options.

Does Legalization Of Marijuana Increase Car Accident Rates?

Driving under the influence of marijuana in Nevada

The first states that legalized recreational marijuana saw a spike in car collisions that was believed to be the result of the newness of the legal change. A compounding factor was the dramatic increase in tourism in some of these states. Once the initial spikes declined, however, there are still higher numbers of crashes in states with legalized marijuana than in states without. Additionally, many drivers do not believe that their driving will be impacted by marijuana use the way it is impacted by alcohol or other drugs. This means more people are willing to drive after using marijuana without much consideration for how it may impair their driving or affect others on the road.

Is It Illegal To Drive in Nevada While Under The Influence of Marijuana?

Before recreational marijuana was legalized in Nevada, state law made it illegal to operate a motor vehicle while under the effects of controlled substances. This includes marijuana. Even after the legalization of recreational marijuana, it remains illegal to drive while under the influence of marijuana. It is also illegal to smoke or consume edible marijuana while driving.

Offenders who are caught can face DUI charges, with consequences that include 2 days to six months in jail or mandated community service, a six-month driver’s license suspension, fines, and court costs.

When a driver under the influence of marijuana is liable for a car crash, the consequences are more severe because they cause injuries and damage to other people. You may have legal recourse if you’ve been injured by a driver who was under the influence of marijuana. At-fault drivers could face a car accident injury lawsuit in civil court as well as criminal offense charges. If you have been injured in a car accident related to marijuana, contact an experienced Las Vegas drunk driving lawyer who can advise you and provide the representation you need.

Infographic that shows whether crashes involving marijuana are more severe

Are Crashes Involving Marijuana More Severe?

This will depend on the other circumstances related to the car accident, such as the driver’s speed, what type of vehicle they were driving, whether there was also alcohol or another drug involved, what type of crash happened, and many other factors. However, even if your injuries from a marijuana-influenced car crash were fairly minor, your Las Vegas car accident attorney can help you understand your legal options, provide representation as you work with insurance companies, and guide you through each step of the process as you recover.

What Happens If I Am Injured In A Car Accident When The Driver Was Under The Influence of Marijuana?

Car accident caused by a driver under the influence of marijuana in Las Vegas, NV

If you’ve been injured in a marijuana-influenced car, truck, or motorcycle accident, the driver who was under the influence may be deemed at fault for the accident. This means they will be financially liable for any medical bills, damages, and losses that you may have incurred as a result of the collision. However, you and your attorney will need to prove that those damages and losses are the results of the collision. You have the right to file an insurance claim against the at-fault driver and their insurance company to obtain compensation. Regardless of whether the driver faces criminal charges for driving under the influence of marijuana, you can file an injury claim against their insurance company to recover your damages. Contact your Las Vegas drunk driving lawyer to discuss your situation and learn more about your options.

What Should I Do Next? Consult With Nevada’s Leading Personal Injury Attorneys!

Move forward from your accident by speaking with one of the experienced attorneys at Benson & Bingham Accident Injury Lawyers, LLC. We offer free consultations and can review the circumstances of your case while answering your questions and providing guidance on your next steps. There is no upfront cost to working with our firm; we only collect fees after we’ve successfully won your case or reached a suitable settlement agreement, and we never take more than our clients receive. Don’t try to face car accident injuries alone! Trust us with your case.


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