How Medicinal Marijuana Can Affect Your Injury Case

Marijuana and alcohol are extremely similar substances. In Colorado, both are legal to consume as long as you’re over the age of 21, and both have well-known abilities to slow down your motor skills and inhibit your ability to quickly and effectively act on and make decisions. This means that using these substances has consequences, and these can include a huge impact on your personal injury claim if you’ve been hurt. Let’s look at how.

Marijuana Usage & Your Injury

As stated previously, marijuana has the ability to slow your decision-making abilities and reduce the control you have over your muscles. As a result, people who are under the influence have reduced reaction times and make poor decisions that can result in accidents and serious injuries. If these inhibitions are the cause of your injuries, then insurance companies who would be responsible for paying for your injuries almost always try to use them to absolve themselves of their responsibility to pay for your losses. Many times these companies will argue that the marijuana in your system is what’s actually responsible for your accident, and therefore they should have no financial liability for it.

What makes things even more difficult with marijuana is the fact that signs of use will stay in your system for weeks or even months after the intoxication has subsided. This means it can be extremely difficult to prove that you weren’t actually high at the time of the accident, and therefore marijuana usage wasn’t at fault for the injuries you have sustained. Even if your test results don’t show up positive, then you can

Is Your Claim Hopeless?

Knowing that insurance companies are almost always going to request a drug test to make sure you weren’t under the influence at the time of your accident, what can you do to fight back and preserve your rights, even if the test results come back positive? First, you should consult with a Denver personal injury attorney, who can put the evidence to work for you and demonstrate that the marijuana in your system did not actually play a role in the accident, thus eliminating the argument against you.

Second, you should talk with your doctor and obtain records of all prescriptions and orders for using medicinal marijuana. If you claim your marijuana use was medicinal but you don’t have a doctor’s order for it, everything you say about the pain you suffer from and whether or not you were intoxicated at the time of the accident could bel called into question. Consistency is key, and evidence can help establish this consistency. Whatever you do, you do not want to willingly admit that your marijuana use influenced your accident.

Need legal counsel after an accident? Call Gerash Steiner, P.C. today at (303) 732-5048 to request a case evaluation!
Categories: Personal Injury