Can Drivers Be Held Liable for Accidents if Marijuana Use is Indicated but Use Occurred Days Before?

Any driver who causes an accident can be held liable for any serious injuries caused by the accident. But what happens if the at-fault driver is found with indications of marijuana use in their blood?

The answer depends on whether police have enough evidence to show the driver was under the influence of marijuana at the time of the accident. If they do, then the driver can be prosecuted criminally for driving under the influence. Subsequently, if serious injuries that pass Michigan's threshold test for severity result from the accident, holding the at-fault driver liable for damages will be significantly easier.

This is true even if the at-fault driver is registered for medical marijuana use. Whether their use of marijuana or not is irrelevant. Driving under the influence of drugs or alcohol is still driving under the influence.

What If Time of the Driver’s Marijuana Use Can’t Be Determined?

A challenge arises in some cases when the driver in question shows indication of marijuana use but hasn't used it for a day or more. Marijuana use is determined by testing a person's blood for the presence of a chemical known as THC (delta-9-tetrahydrocannabinol). But while the impairing effects of marijuana last only about an hour and a half (or slightly longer if ingested through food), THC can remain in the blood system for three days or more.

If police don't have enough evidence to show a driver used marijuana recently enough to cause impairment while driving, they cannot prosecute them for driving under the influence. They may be able to prosecute a misdemeanor charge of marijuana use if they're not a registered medical user, but that's about it. Any other citations would have to arise out of infractions of other motor vehicle laws that may apply.

One indicator of how recent marijuana use was is the quantity of THC in the system. The more plentiful the THC, the more recent the marijuana use most likely was. However, this can be less accurate if the person used marijuana heavily prior to his or her most recent use. So, someone who used marijuana heavily and then quit for three days before being tested may have a quantity of THC in their system that more resembles a person who used marijuana only a day before.

How Does This Affect Personal Injury Lawsuits Against At-fault Drivers with Indications of Marijuana Use?

In a personal injury lawsuit against an at-fault driver, the injury victim's attorney must show that the at-fault driver acted negligently and that negligence caused the accident. If the at-fault driver was under the influence of marijuana, as noted above, proving negligence is relatively easy. It must still be shown that the accident was caused by that negligence, but that is usually not too difficult in such cases.

However, if there isn't enough evidence to prove the at-fault driver was under the influence at the time of the accident, showing negligence is more difficult. If this is the case, a personal injury attorney will usually look for another form of negligence, such as failing to use appropriate caution in a situation or violating traffic laws, as the basis for their case. Evidence of marijuana use, even if the time of use can't be determined, could be introduced into the case to show a pattern of reckless behavior or likelihood of reckless behavior by the defendant.

In a Michigan auto accident injury case, the primary question is whether the defendant acted negligently and caused the injuries in question. Accidents don't happen because everyone does what they're supposed to do. They happen because people violate traffic laws and don't use an appropriate level of caution. Very rarely do accidents occur in which no one was negligent. The job of a personal injury attorney is to find the evidence to show that negligence. If the presence of marijuana isn't sufficient to make a case, then some other form of negligence took place and most likely there is evidence to show it.

At Sachs Waldman, our Detroit auto accident lawyers have extensive experience tracking down evidence of negligence and combating the defense tactics of insurance companies to fight for the rights of accident injury victims.

If you were seriously injured in an auto accident involving someone using marijuana or otherwise being negligent, call our Detroit personal injury law office and schedule a free initial consultation: 1-800-638-6722.