Posted on: 29 July 2021
Recreational marijuana is being legalized in more states and even more states allow for medical marijuana. However, the consumption of marijuana can affect the ability of a commercial truck driver to safely operate a vehicle. If you are involved in an accident with a commercial truck driver and you believe they are under the influence of marijuana, make sure to bring this up with the police officer who responds to your accident.
THC and Truck Drivers
Truck drivers are expected to not have THC in their bodies while they are operating commercial trucks. THC is an active ingredient in marijuana that is famous for causing the user to become high. A driver cannot ingest this substance and drive a commercial truck in all 50 states.
Some states prohibit employers from refusing to hire an employee if they ingest marijuana. However, this only applies to workers who consume this substance while they are not operating a commercial truck. But if they test positive for THC after an auto accident, they can face penalties.
Marijuana Usage and Your Personal Injury Case
One of the challenges of marijuana usage is that it is more difficult to determine if a driver has ingested enough cannabis to be unable to drive safely. However, the officer might still make observations that can then be used in your auto accident case. Also, your car accident attorney will look for evidence of negligence on the part of the driver.
To receive compensation for your injuries after you are injured in a car accident, you will need to prove that the truck driver was negligent. However, it is much easier to prove this if you can show that the driver was under the influence of marijuana.
Liability for Marijuana Use
The driver is liable for using marijuana while driving the commercial truck. However, their employer might also be considered liable through vicarious liability. For example, if the employer was aware that the driver often drives while under the influence of marijuana, the employer might be forced to compensate you for the damage done to your vehicle and any injuries you have received.
The advantage of taking legal action against the employer is that they will likely carry an insurance policy that has a higher limit. Even if your damages exceed the limit set forth by the commercial insurance provider, the company will also likely have more assets that can be liquidated to pay for a judgment in your favor. Reach out to a car accident lawyer for more information.Share