Boise Law Lets Victims Seek Personal Injury Compensation from Drivers Under the Influence of Marijuana—But How Do You Prove It?
If you’ve been in a car accident in Boise or Nampa, Idaho you may be facing a range of challenges. The law entitles accident victims to receive personal injury recovery under the law if the other driver was found negligent. One way a driver can be found negligent is if the driver was under the influence of alcohol or marijuana. Yet, proving that a driver was using marijuana can actually be quite difficult.
Because THC, the compound in cannabis that gets a person high, is absorbed by the body differently than alcohol, it can be difficult to test a person’s THC levels with a simple blood or breath test. According to Boise State Public Radio, THC is most readily measured in fatty tissues, but this isn’t easy to test after an accident.
While studies have found that drivers under the influence of THC drive slower and less aggressively than drivers who are drunk, high drivers can be just as dangerous as drunk drivers. Unfortunately, many drivers believe that driving under the influence of cannabis isn’t illegal and they may even falsely believe that it is safer. Public awareness campaigns about the risks of driving after smoking should be stepped up as marijuana use becomes legal in more states and more acceptable socially.
Tests alone for THC can be inaccurate and can come up negative even when drivers were high. Behavioral tests also fail routinely. Field Sobriety Tests, which have been found to be fairly good at detecting drunk drivers, are notoriously bad at detecting stoned drivers, according to the According to the New York Times. Individuals who smoke frequently may also be more able to hide their level of inebriation.
At the end of the day, if you’ve been injured in an accident due to a driver who may have been under the influence of THC, you may have to rely on other pieces of evidence to prove your case. This can include drug paraphernalia in the car, behavioral tests performed by police on the driver following the accident, and witness accounts of the driver’s behavior. If you’ve been in an accident and suspect that the other driver may be high, it is important that you call the police and get a police report. Get contact information of witnesses who can attest to the driver’s behavior. An officer who suspects drug use may also be able to search the driver’s car for evidence.
If you’ve been in an accident and you suspect that the other driver may have been high, it may also be a good idea to speak to a personal injury lawyer in Boise or Nampa, Idaho. A lawyer can assess the facts, review your evidence, and help you build the strongest possible case under the law. If the other driver is found negligent, you may be entitled to receive money for your medical expenses, lost wages, and pain and suffering. The Law Office of Johnson & Lundgreen is committed to providing auto accident victims with compassionate and caring counsel for a range of personal injury cases.