Sadly, drugged driving has become an epidemic all across the country. If you have been injured in a car accident caused by a driver who was under the influence of marijuana, we can help you and your family. Our Miami personal injury lawyers understand the system and will work tirelessly to protect your rights and help you recover the maximum amount of compensation in your case. In short, we understand the law and will put that knowledge at work for you.
A new study by the AAA Foundation found that while almost 15 million Americans admit to driving within one hour after using marijuana, most do not think they will get caught by police for driving while high. In fact, the study found that an estimated 14.8 million drivers, nationwide, report that they have driven within one hour of using marijuana at least once in the past 30 days. This is worrying since it takes one to four hours after using the drug to feel its impairing effects. Researchers have found that more Americans approve of driving after using marijuana (7 percent) than they do driving drunk (1.6 percent). Marijuana users who drive high are up to twice as likely to be involved in a crash.
With the legalization of marijuana in many states, drugged driving deaths have increased. Florida DUI laws criminalize the operation of a motor vehicle not only when a person’s blood alcohol concentration is .08 or above, but also if a person is under the influence of drugs, including marijuana. While a DUI arrest can lead to criminal consequences, it can do surprisingly little to compensate accident victims for their injuries and losses. Instead, an accident victim can file a civil negligence lawsuit against the impaired driver.
In a civil negligence action, the plaintiff is required to prove that that the defendant’s behaviour breached the applicable standard of care and the plaintiff suffered as a direct result. The standard of care refers to the level of care that an ordinarily prudent person would have used behind the wheel under the same or similar circumstances. For example, an ordinarily prudent person would not drive while high on marijuana understanding the increased risk of accident and potential harm to others associated with this behavior.
Unlike criminal cases, where the prosecution must prove its case ‘beyond a reasonable doubt – the highest evidentiary standard in the legal system, in civil cases, the plaintiff only needs to establish his or her case by a preponderance of the evidence. The latter simply requires the plaintiff to present the greater weight of the evidence.
Drugged driving has lead to a spike in deaths on the road in Florida and throughout the nation. If you have been injured in a car accident caused by a driver under the influence of marijuana, you may be able to take legal action against the at-fault party. At the Law Offices of Robert Dixon, our highly skilled Miami drugged driving accident attorneys are committed to holding negligent parties accountable for their conduct. We want our clients to focus on healing both emotionally and physically while we seek fair and full compensation in their case. For a free consultation, please call us at 1-877-499-HURT (4878) or contact us online.