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What To Do After You're Hit By Someone On Legal Marijuana

Seventy-eight years after the prohibition of marijuana, it's legal in four states--Washington, Oregon, Alaska, and Colorado, along with Washington D.C. According to NORML, 11 more states might be joining the cause. These include California, Nevada, California, Minnesota, and several New England states. While many people don't seem to have an issue with marijuana, there is one seriously problem that it can cause. More people are driving under the influence. If you live in a state with legal marijuana and someone crashes into you while under the influence, is there anything that you can do about it? Here is what you need to know.


Driving under the influence isn't any more legal than it was before marijuana was legalized. Just like alcohol, marijuana is legal to use, but you can't get behind the wheel while the effects are still in your system. Driving under the influence in Washington State will lead to fines, jail time, and a license suspension.

Testing for Marijuana

Unfortunately, there is no breathalyzer test that can tell a police officer is someone has recently smoked marijuana. If someone is suspected of driving under the influence, they will undergo a blood test. When you smoke marijuana, two types of THC will show up in your blood. These types are active and carboxy THC. Active THC is how THC looks in the blood right after the marijuana is smoked. This can be measured to test how high someone is at the time of testing. Carboxy THC is how the THC looks after it has been metabolized and no longer has any effect on the user. The legal limit for driving under the influence of marijuana is 5 nano grams of active THC.

After an Accident

If you were in an accident and the person who hit you seems to be under the effects of marijuana, the police will give him or her a blood test. Once the blood test comes back, it will show if the person was under the effects of marijuana or not. The officer might test for alcohol and prescription medications as well.

If the Test Is Negative

Even if the test is negative, that doesn't mean that you can't receive compensation for damages that resulted during the car accident. Anytime you are in an accident and someone else is at fault, you have the right to sue for damages if the insurance doesn't fully cover them. For example, if the person doesn't have insurance at all or you were injured, you can sue for the damages to your vehicle, and for medical bills that occurred. You can also sue the driver for emotional distress and similar problems if you are having trouble coping after the accident.

How to File a Lawsuit

If you decide you want to file a lawsuit for damages after a car accident, you will want to seek out a personal injury lawyer or a lawyer that specializes in automobile accidents, like those at Hardee and Hardee LLP. You will want to have as much paperwork as possible beforehand, so you can show the lawyer specifics for the case. This includes a copy of the police report for the car accident, medical records from your time spent in the hospital, and anything else that you may have. Call several lawyers in your area and ask for a free consultation. During the consultation, show them the paperwork and talk to them about what they think they can do for you when it comes to compensation. Pick a lawyer who seems confident and who you think will provide you with the most help.

If someone has hit you on the road while under the influence, you need to be proactive about getting the compensation that you deserve. Even if they weren't, and it truly was an accident, you deserve compensation for any losses. Make sure you obtain a lawyer immediately and find out what he or she can do for you.