The use of marijuana or cannabis –a psychoactive drug — has increased drastically since its legalization. The drug is legal in various states of America and several countries worldwide for medical and recreational purposes. Marijuana has no such scientifically proven medicinal properties but it is usually used to combat the negative effects of chemotherapy such as vomiting and nausea. Moreover, marijuana has the potential to enhance appetite, due to which many doctors recommend it to their patients diagnosed with AIDS and are HIV positive. Also, many a times medical marijuana is supplied to treat muscle spasms. Otherwise, marijuana is strictly discouraged by physicians due to its harmful impact on the user’s health. If the car accident was due to the fault of someone who also consumes marijuana, he might end up giving extra money in the form of compensation in a Personal Injury Case.
Why the use of Medical Marijuana can pose a problem in a Car Accident case
Although, driving while being high is not as dangerous as drunk driving, severe consequences are observed as a result of it. This is due to the associated side effects raised from the excessive dosage of marijuana, including hallucinations, lack of coordination, dizziness and several others.
Definitely, saying that one was high on marijuana while driving is not at all a valid excuse to escape from the penalty. However, it is said that the THC test cannot detect the passage of time a user consumed marijuana for and whether or not, s/he is currently high. If a person has taken marijuana a week before, the THC test can still show the indication. In such situations, policemen and the opposing party can use other signs such as the consumer’s dry mouth, red eyes, slow movement, or sleepiness to make sure that they are fined heavily and are compelled to give compensation.
Thus, if the personal injury case is filed against someone who was using medical marijuana, it is their duty to get a signed proof from their physician stating that they are allowed to consume it. Plus, the user must be able to justify why they were driving while being high on drugs. Also, it is very necessary that a person must not lie about taking marijuana in front of the investigators or medical professionals as this can further put a question mark on their declaration of pain and injuries.
To what extent can Medical Marijuana affect the Personal Injury Case ?
As it is hard to say that how much effect marijuana has on one’s impairment, it is difficult to accuse someone for a car accident due to the drug’s use. If marijuana is taken in moderate amounts, especially in the case of medical marijuana whose dosage is assigned by a qualified doctor, it cannot be held as strong evidence.
Thus, if a person who has filed a Personal Injury Case finds out that the opposing party was under the influence of marijuana while driving, s/he can avail the benefits from punitive damage. If the car accident was due to the fault of someone who also consumes marijuana, he might end up giving extra money in the form of compensation. There is no severe punishment such as heavy fine or being arrested for driving while being high on drugs as it is not necessary that the user of drug is completely intoxicated.
Car accident? Call Attorney Javier Marcos
If you’ve suffered an auto accident, you have a right to file a lawsuit to recover your losses, medical expenses, treatment, pain & suffering, lost wages, inability to work or function, property damages, and others.
It’s important that you quickly call Attorney Javier Marcos & Associates so that you can commence your Personal Injury Case, medical treatment, do not worsen your legal position, preserve evidence, and learn your rights.
Attorney Free Consultation is provided by Javier Marcos and Associates, your information is 100% confidential and we’ll visit the accident site, your home, or the hospital. Call 24 hrs 713.999.4444