Driving While Stoned May Be More Dangerous Than Driving While Drunk
If you don’t use marijuana, you probably know someone who does. About 18% of the US population used marijuana at least once in 2019, according to the federal Centers for Disease Control and Prevention. That means there could be many people on Kentucky’s roads impaired by cannabis use and causing accidents.
Does Marijuana Use Impair Safe Driving?
Tetrahydrocannabinol (THC) is the part of cannabis that causes the plant’s psychoactive effects. THC can impair you in many ways, including:
- Psychomotor skills which involve tasks that require both thinking and physical movement
- Ability to multitask, like perceiving the environment around you while controlling your vehicle
- Ability to keep your vehicle in a lane
- Cognitive functions
Modern marijuana has evolved over the years to be more potent, so what’s smoked today may have a much greater impact than what may have been available ten years ago. If the driver also drinks alcohol or uses other drugs (legal or illegal), it will probably result in greater impairment.
There’s no known safe level of pot use while driving. Some devices use breath samples to estimate how much alcohol is in a person’s blood, which can be an indication of impairment. But there are no such devices to show the driver’s under the influence of marijuana.
Tests can show the person’s used it in the past, but not if the person is impaired when the test was used. Whether someone’s under pot’s influence could be judged on their actions, appearance, how they talked, and if they smelled like marijuana smoke.
Does Legalizing Marijuana Use Lead to More Traffic Accidents?
Canada legalized recreational marijuana use in 2018. A study of their accidents from 2010 to 2021 found that marijuana-related traffic accidents requiring hospital emergency department treatment increased 475%, according to CNN, while alcohol-related crashes grew 9.4%. Despite the sharp growth, the total number of accidents involving pot was in the hundreds, while there were thousands of alcohol-related accidents.
Just after legalization, when supplies of legal marijuana were limited, there was a 94% increase in emergency room visits. As production increased and sales became more widespread, emergency room visits grew by 233% compared to the time before recreational pot legalization.
A study of US accidents from 2009 to 2019 found mixed results after legalized marijuana sales in different states. Crashes causing injuries ranged from a 7% decrease to an 18% increase, while fatal accident rates ranged from a 10% decrease to a 4% increase.
Is a Stoned Driver More Dangerous Than a Drunk One?
The Canadian car crashes in the study were generally more severe if the driver was impaired by marijuana:
- Nearly 90% of the marijuana-related accident victims went to nearby hospitals in ambulances. That dropped to 40% if no alcohol or pot was involved
- Almost half of marijuana-using drivers were admitted to hospitals, while only 6% of those not using it were admitted
- Almost 22% of accidents involving stoned drivers resulted in intensive care unit admissions, but that happened in less than 2% of crashes without alcohol or cannabis involvement
While alcohol is a depressant, marijuana alters a driver’s perceptions, so they may not fully grasp the situation they’re in. Cannabis use impairs reaction time and the ability to pay attention to multiple events while increasing risk-taking behavior. Those who are impaired may drive faster, be slower to notice hazards, and decelerate slower.
How Would I Seek Compensation for My Injuries When Marijuana Impairs the Other Driver?
Whether the other driver was stoned or not, the issue will be whether their negligence caused the accident that resulted in your injuries. That negligence could be they ran a red light, ignored a yield sign, or weaved in and out of travel lanes. Part of that case could be establishing their marijuana use before the accident, which could be helped by witnesses’ testimony who saw the driver smoke pot or eat edibles.
If the other driver is convicted of driving under the influence, we could show that impairment caused the accident. Using a conviction of a related crime as proof of liability in a civil action is known as negligence per se.
If this happens in your case, it should encourage their insurer to offer a reasonable settlement, but if they don’t, this should speed up and simplify your trial. The jury may also be much more sympathetic to you, the accident victim, than the other driver, who broke the law and endangered others on the road.
Speak To A Satterley & Kelley, PLLC Vehicle Accident Injury Lawyer Today
If you’re the victim of an accident caused by a driver impaired by marijuana, Satterley & Kelley PLLC lawyers can protect your interests and rights to compensation for your injuries and losses. Schedule a free initial consultation so we can discuss your case. Call our Louisville office at 855-385-9532 or complete our contact form if it’s more convenient.