MINNEAPOLIS, Minnesota. Determining fault after a car accident is important for victims and families. Individuals who are at fault for a car accident may be liable to pay for the victims’ medical expenses, lost wages, and pain and suffering. The at-fault driver’s insurance may also be responsible for covering damages sustained by other drivers. One way to show that a driver was at fault for an accident is when a driver was found to be guilty of drunk driving or driving while under the influence of drugs. The Law Office of Martin T. Montilino understands the devastating injuries that victims can sustain due to a driver’s decision to smoke marijuana or drink and drive.
Yet, according to a recent report in the Atlantic, victims may face additional challenges in proving that an individual was driving while under the influence of marijuana. As more states legalize the drug either for recreational or medicinal use, many citizens have become concerned about the risk of drugged drivers operating motor vehicles. Unlike drinking and driving where there are clear scientifically valid breath tests and blood tests that can help officers determine whether someone is inebriated, there is no scientific consensus about how to determine when a person is too high to drive.
Some scientific studies even suggest that marijuana use may not impair a driver beyond what would be considered an illegal blood alcohol concentration. Some studies have found that marijuana use impairs a person similarly to driving with a BAC of 0.01 and 0.05. Yet, some studies indicate that mixing marijuana and alcohol can lead to more risks.
There is no valid blood or breath test because THC can stay in a marijuana user’s blood stream for days after smoking, even though a person only experiences the effect of the drug for a few hours.
While many states prohibit drivers from getting behind the wheel while high, there is no clear way for officers to determine whether a driver has been using. While researchers are trying to develop better tools, the reality is that in most cases, victims of drugged drivers will have to fight their cases in court using the evidence available. According to Edmunds, filing an accident report should be among the steps you take after an accident. A police officer’s assessment can go a long way to protecting your rights after a crash. You may also want to take photos at the scene and record any evidence of drug use you see, if it is safe to do so.
Finally, hiring a savvy personal injury lawyer can also protect you if you are seeking a recovery after an accident. A skilled car accident lawyer in Minneapolis, Minnesota can use a range of tools to gather evidence. For instance, a person’s social media account may provide evidence of drug use. Sometimes a strongly worded demand letter can get victims the recovery they believe they deserve. If you have been involved in a car accident where you believe the other driver may have been under the influence of drugs, don’t delay. Visit https://martinmontilino.com/ to learn more today.