The Legal Status of Smoking Marijuana in Las Vegas Has Changed but the Legal Status of Driving Intoxicated Has Not.

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Las Vegas Marijuana DUI Accident Lawyer

Everyone seems to realize the danger posed by drunk drivers in Vegas. The group Mothers Against Drunk Driving (MADD) was founded precisely to raise public awareness of the dangers of drunk driving.

However, public attitudes toward marijuana are much more relaxed. For one thing, marijuana has been illegal in this state for a very long time and was only recently legalized for medicinal and recreational use. Many people have probably never even thought of the dangers marijuana poses to pedestrians and motorists. For another, people often equate marijuana with cigarettes and not alcohol, but marijuana’s effects are much closer to those of alcohol than tobacco.

With marijuana use set to become much more widespread in Las Vegas, we will likely see many more marijuana DUIs. Nevada law makes it illegal to operate a motor vehicle in public while impaired by marijuana and other chemical substances, and impaired drivers cause considerable damage each year.

If you were injured in a collision with a driver who had recently smoked marijuana, you should hire experienced legal counsel. The team at Ladah Law will help you build a case for compensation so that you are not shouldering the full financial costs of the accident alone.

Civil Liability for Marijuana DUI Accidents

Police showing up after marijuana due accident
Driving while impaired is a crime, but it can also be a civil wrong when an impaired driver slams into a pedestrian or motorist, causing injury. The civil courts exist so that injured people can get compensation to cover the losses created by another person’s negligent or reckless conduct. This is called making a victim “whole” and the logic behind it is easy enough to understand: if you weren’t to blame for an accident, you shouldn’t be financially disadvantaged.

Let’s look at the typical drunk driving accident. Someone with a blood alcohol content of over 0.08 ends up drifting into the other lane and slams head-on with another motorist. The innocent victim ends up losing a lot of money:

  • She suffers a concussion and other physical injuries, which end up costing $15,000 in medical bills.
  • She loses another $10,000 in lost wages because she can’t work for three months.
  • She needs another $15,000 in car repairs.

Fortunately, this motorist can go into court and bring a civil suit for compensation or negotiate a settlement with the other driver’s insurer. She isn’t to blame, so she shouldn’t have to shoulder $40,000 in financial losses.

This same process is available if a person is injured in a marijuana DUI accident. Every driver owes other motorists and pedestrians a duty to drive their vehicles with sufficient care. Getting behind the wheel while high on pot is a breach of that duty, so victims can seek compensation by making a claim on the driver’s insurance or suing in court.

How an Attorney Can Help You Prove Your Case

driving drowsy after smoking marijuana
It is often difficult to show that a motorist was under the influence of marijuana at the time of the collision. As seasoned Las Vegas marijuana DUI accident lawyers, we often look for the following:

  • Evidence of marijuana or contraband in the vehicle
  • Witnesses who can testify that the driver smelled of marijuana
  • The driver’s own admission that he or she was smoking marijuana
  • Witness testimony that they saw the driver taking a toke before getting into the vehicle

Unfortunately, there are no “breathalyzers” that can detect marijuana in a person’s breath in the same way they can detect alcohol (though these breathalyzers might be coming to the market soon). Blood or urine tests can show the presence of THC, which is a psychoactive chemical in marijuana. However, the police don’t always give these tests when they arrest someone.

Helpfully, it isn’t always vital that we show the driver was impaired by marijuana. Under the law of negligence, a person must use reasonable care when driving, and there are many ways to breach that duty. Someone who is asleep at the wheel or just plain careless has been negligent, also. Under the facts of your case, we might be able to argue that the driver was negligent even if we can’t prove he or she had marijuana in their system.

Misconceptions about Marijuana DUI Accidents

With recreational marijuana only recently legalized in Las Vegas, there are many misconceptions about the public’s rights when injured in a marijuana DUI accident. At Ladah Law, we believe in empowering the public by providing accurate, timely information.
To that end, we take a close look at some of the biggest misconceptions about marijuana DUI accidents:

  • The prosecutor brings your case for compensation. This is not true. Injured victims are responsible for filing lawsuits in civil court when they are injured in car accidents, and this is true of marijuana DUI cases. If a loved one died, then surviving family members might bring a wrongful death action.
  • There are “safe” levels of marijuana, and you can’t sue someone who is not over this threshold. In reality, if the marijuana-impaired a person’s ability to drive safely, then they are at fault for a collision. There is no amount of marijuana they need to have in their bloodstream.
  • Any lawyer can handle a marijuana DUI accident case. Ideally, the lawyer you hire should have experience tackling this particular type of case. Some lawyers only do divorce or probate matters. Some personal injury lawyers only sue car manufacturers for defects. When meeting with an attorney, ask about his or her experience and go with someone who understands marijuana DUI accident cases inside and out.

Speak with a Las Vegas Marijuana DUI Accident Attorney Today

After being injured in an accident, many people are confused about their legal rights. Let us help. The team at Ladah Law Firm has obtained favorable settlements for countless clients. You can count on our experience to cut through the legalese and red tape to fight for compensation for your injuries.

Speak to us today by calling 702-252-0055 and scheduling a free initial consultation. There is no risk and no fee charged.

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Marijuana DUI Accidents

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