Posted on Thursday, May 9th, 2019 at 11:55 pm    


Recreational marijuana is legal in California. Proposition 64 become effective on January 1, 2018. Even though a person may legally use recreational marijuana, driving under the influence of cannabis remains illegal. A person can face serious criminal penalties for drugged driving or driving under the influence of marijuana. However, can a person be held liable for injuries caused by a drugged driving accident if the person legally ingested the cannabis?

Does Marijuana Affect Driving Abilities?

Some studies suggest the use of marijuana by drivers increases the risk of being involved in motor vehicle accidents.[i] Laboratory tests and driving studies revealed that cannabis could impair a person’s driving-related skills, but the studies are not conclusive.[ii]

The fact that there was an increase in injuries and arrests related to driving under the influence of marijuana during the first nine months following the legalization of recreational cannabis seems to support the research.[iii] According to the CHP, arrests for driving under the influence of marijuana increased by 31 percent. Injuries related to drivers operating vehicles under the influence of marijuana increased by 102 percent.

Can I Sue a Person for Damages for Driving Under the Influence of Cannabis?

Yes, you can sue a driver who causes a traffic accident while driving under the influence of cannabis. You must prove that the driver caused the crash to hold the driver responsible for your financial damages and non-economic damages. The fact that the driver was charged with a crime is a factor, but it is not the only factor in proving liability. For example, did the driver cross the center line, fail to yield the right of way, or rear-ended your vehicle? Once you establish that the driver caused the crash, you can seek compensation for your injuries, losses, and damages.

In a drugged driving accident case, you may receive compensation for your:

  • Medical bills
  • Lost wages
  • Property damage
  • Loss of enjoyment of life
  • Permanent disability and impairment
  • Other out-of-pocket losses and expenses
  • Physical pain and suffering
  • Mental anguish and emotional distress

Even though the driver was under the influence of cannabis at the time of the crash, the driver’s liability insurance should still pay if the driver caused the crash. The insurance company may deny the claim or attempt to undervalue the claim. A Sacramento drugged driving accident attorney can be a huge asset as you fight to recover the compensation you deserve for your injuries.

Contact a Sacramento Car Accident Attorney for More Information

Our California drugged driving accident lawyers have experience handling cases involving drivers who caused a traffic accident while under the influence of drugs. Our legal team investigates the accident to determine fault and gathers evidence to prove the drugged driver is responsible for your damages.

Please contact The Tiemann Law Firm to schedule a free consultation with one of our lawyers by calling (916) 999-9000 or by visiting our website.

[i] Mu-Chen Li, Joanne E. Brady, Charles J. DiMaggio, Arielle R. Lusardi, Keane Y. Tzong, Guohua Li, Marijuana Use and Motor Vehicle Crashes, Epidemiologic Reviews, Volume 34, Issue 1, January 2012, Pages 65–72,

[ii] Sewell, R Andrew et al. “The effect of cannabis compared with alcohol on driving.” The American journal on addictions vol. 18,3 (2009): 185-93. doi:10.1080/10550490902786934,

[iii] CHP hosts summit on cannabis traffic safety as DUI arrests, injuries rise. ABC7News. Matt Keller.

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Elizabeth Ochoa Testimonial

I chose Tiemann Law Firm to help me after a car accident I was involved in. Throughout the entire process, Moe made sure to keep me updated, he always responded quickly whenever  I had questions about anything. My case won thanks to this law firm and its dedication. My experience with Tiemann Law Firm was amazing! 10/10 recommended.

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I sat down and met with Jelena Tiemann about my vehicle accident.I presented all of my documentation to her in which she gave me her assessment.Although the Tiemann Law Firm wont be representing me because my settlement offer was pretty good she was very clear,forward and professional about what she felt could and couldn't be done.I recommend this law firm to anyone who needs a helping hand at fighting a case where you don't have to worry about the outcome not going in your favor. Please don't review this business if you received a freebie for writing this review, or if you're connected in any way to the owner or employees.

Herb T. Testimonial

The Tiemanns were referred to me by a friend and I am exceptionally happy with the service I received. I had never been in an accident before. I had no idea what to do. Jelena verbally explained how everything would work to me, and she and Peter handled everything. I didn't have to lift a finger once. They went above and beyond for me and I am extremely grateful. I pray I won't ever need this type of assistance again, but I will definitely be referring them to friends and family.

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I was in a car accident a while back where I was injured and had to miss work for an extended period of time.  After nearly a year of fighting with the insurance company with no results and no progress, I met with Jelena Tiemann.  I couldn't have asked for a more responsive and supportive advocate.  We quickly reached a settlement and I finally was able to move from the stress and burden of feuding with my insurance.  I highly recommending meeting with Jelena if you're in need of a lawyer.

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