Does Driving High Cause Car Accidents?

Does Driving High Cause Car Accidents?

Understanding the Risks and Legal Consequences in New York

Driving high is risky and, in many cases, just as dangerous as driving under the influence of alcohol. As cannabis becomes increasingly accessible, drivers need to understand that marijuana use can impair driving ability, slow reaction time, distort perception, and ultimately increase the likelihood of a crash. 

In New York, the legal system takes impaired driving very seriously, and being caught driving under the influence of marijuana can lead to significant legal consequences. The experienced car accident lawyers at William Mattar Law Offices understand how marijuana impacts driving ability and what New York law says about driving under the influence of cannabis. 

If you have been injured in a crash due to the negligent actions of a driver impaired by marijuana or other substances, legal or illegal, talk to a lawyer right away. Our legal team will review your case and advise you on protecting your rights and securing compensation for your recovery.

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How Alcohol and Marijuana Impact Driving Ability

Both alcohol and marijuana can impair driving, but the nature of the impairment is different for each. Alcohol can cause loss of coordination, poor judgment, and slower reaction times. Studies have shown that alcohol impairs fine motor skills and judgment, leading drivers to take more risks, such as speeding or tailgating. 

Marijuana impairment, on the other hand, tends to affect perception, attention, and reaction time. THC can make it difficult to judge distance, follow lane markings, and respond quickly to changes on the road. However, marijuana’s effects vary more from person to person and may not result in as obvious physical signs as alcohol does. 

While an intoxicated person might slur their speech or struggle to walk a straight line, a marijuana-impaired driver might exhibit more subtle symptoms, making detection more challenging.

Why These Differences Matter in Legal Cases

The differences in how alcohol and marijuana impair drivers impact the legal approach to each type of DWI charge. Alcohol impairment is relatively easy to prove through BAC tests, which offer a standardized and legally accepted measure of intoxication. 

BAC directly correlates to impairment, and New York law sets clear thresholds (e.g., 0.08% for standard drivers, 0.04% for commercial drivers) for determining intoxication. This gives officers an immediate and legally defined standard for arresting someone for DWI. In court, BAC evidence holds significant weight, as the percentage can correlate directly to the level of impairment. 

Marijuana impairment cases, however, often lack such clear-cut evidence. Since New York has no established THC limit, prosecutors generally have to rely on observational evidence from officers, the findings of a DRE, or other circumstantial indicators. Unlike alcohol, where BAC alone can prove intoxication, marijuana cases require a more nuanced approach. 

Officers’ subjective observations are more open to legal challenges, and defense attorneys may question the officer’s qualifications, the reliability of field sobriety tests for drug impairment, or even the driver’s previous exposure to THC if they are a regular user.

Duration of Effects

Alcohol and marijuana are different in how long their impairing effects last, which has practical implications for driving safety. Alcohol’s effects peak relatively quickly and wear off as BAC declines at a measurable rate. 

With marijuana, however, impairment can be more variable. The effects of THC can depend heavily on factors like the method of consumption (smoking, edibles, vaping) and the user’s tolerance. While a new user might feel the effects strongly and for a longer period, a regular user may experience a much shorter period of impairment. 

The onset of marijuana’s effects is often immediate for smoked or vaporized forms but delayed when consumed as edibles, which can lead to unexpected impairment for those unaccustomed to the delay. Additionally, THC can stay in the system long after the high has faded, meaning that someone might still test positive even if they are no longer impaired.

How DWI Affects the Impaired Driver’s Liability in a Crash

A DWI conviction is a powerful piece of evidence in a personal injury claim because it demonstrates that the driver was impaired and acted negligently. When a driver chooses to get behind the wheel while impaired by marijuana or other substances, they are not only breaking the law but also violating their duty to other road users. 

If the impaired driver is convicted or cited for a DWI following your accident, that conviction can serve as evidence of negligence. This can strengthen your personal injury claim, as it establishes that the driver was impaired and likely contributed to the crash. 

In many cases, a DWI charge can increase the impaired driver's liability, potentially resulting in a punitive damages claim that can justify a higher settlement or verdict for the injured party.

How a Lawyer Helps if an Impaired Driver Injures You

If you’ve been injured in a car accident caused by a driver who was high, you may have a strong case for compensation. New York law holds impaired drivers accountable for the harm they cause, and a DWI charge against the at-fault driver can play a significant role in proving liability. 

A personal injury lawyer with experience handling auto accidents involving drivers under the influence of drugs will help you navigate the claims process, build a solid case, and seek the compensation you deserve after being injured by an impaired driver.

Here’s how a lawyer builds a case for your compensation:

• Gathering Evidence of Impairment: Your lawyer will work to collect evidence that demonstrates the other driver’s impairment at the time of the accident. This may include police reports, DWI test results, witness statements, and observations from the accident scene.
• Establishing Liability: A DWI charge against the other driver can help establish their liability, making it easier to prove that their impairment led to the accident and your injuries. Your lawyer can highlight the impaired driver’s violation of their duty of care to demonstrate that they were legally responsible for the crash. This can streamline the process of negotiating with insurance companies or taking the case to court.
• Pursuing Full Compensation: A driver’s DWI may factor into determining the amount of compensation you may be entitled to. Because the impaired driver’s actions are considered especially reckless, the court may award additional damages to cover your injuries, medical bills, lost wages, and even pain and suffering. In some cases, punitive damages may also apply, further increasing your potential compensation.
• Negotiating with Insurance Companies: Insurance companies may attempt to downplay the severity of your injuries or argue that the accident wasn’t entirely the impaired driver’s fault. A skilled lawyer can negotiate on your behalf, using the evidence of DWI to advocate for fair compensation and counter any attempts by the insurer to minimize the impaired driver’s liability.
• Handling Complex Legal Processes: Dealing with a DWI driver case can be complex, especially if criminal proceedings are involved. Your personal injury lawyer will manage all aspects of your claim, allowing you to focus on your recovery while they handle the legal procedures, coordinate with investigators, and ensure that your case is presented effectively.

Do DWI Laws Apply to Other Substances Besides Marijuana?

Many substances beyond marijuana can impair a person’s ability to drive safely, and New York law addresses these through its Driving While Ability Impaired by Drugs (DWAI-Drugs) and DWI laws. The state has strict penalties for driving under the influence of any drug or substance that can impair mental or physical function, and these rules apply to both illegal drugs and certain prescribed medications.

Prescription Medications

Certain prescribed medications, such as opioids, benzodiazepines (e.g., Xanax, Valium), muscle relaxants, and some types of antidepressants, can cause drowsiness, slower reaction times, or impaired coordination. These effects can increase the risk of an accident, even if the medication is legally prescribed. 

New York law does not make an exception for prescribed medications if they impair a driver. If a driver is impaired by a legally prescribed drug and caught driving, they can still face a DWAI-Drugs charge.

Over-the-counter (OTC) Drugs

Some over-the-counter medications, such as antihistamines, sleep aids, and cold medicines, can also impair driving. Ingredients like diphenhydramine (found in Benadryl) can cause drowsiness and reduce alertness, making it risky to drive after taking them. 

New York law applies equally to OTC drugs when it comes to impairment. Although it’s legal to use these medications, a driver can still be charged with DWAI if an officer determines that an OTC drug impairs them. Drivers should read the labels on any medication they take and heed warnings about driving or operating heavy machinery.

Illegal Drugs

Illegal drugs like cocaine, methamphetamine, LSD, and heroin can all impair driving in dangerous ways. Stimulants like cocaine and meth can make a driver more reckless or aggressive, while hallucinogens like LSD can distort perception, making it difficult to operate a vehicle safely. 

In New York, driving under the influence of illegal drugs is prosecuted aggressively. A driver found to be impaired by any illegal drug can face a DWAI-Drugs or DWI charge, with penalties similar to those for alcohol or marijuana impairment, including fines, jail time, and license suspension. 

The law does not distinguish between types of illegal drugs, treating impairment from any illicit substance as grounds for a DWAI charge.

Combining Substances (Polydrug Use)

Driving while impaired by a combination of substances—such as alcohol and prescription drugs, or marijuana and an OTC medication—can amplify impairment. This is known as polydrug use, and it poses a heightened risk since the combined effects of different substances can be unpredictable and dangerous. 

The interaction between different drugs can make impairment more pronounced, leading to charges such as aggravated DWI or other heightened penalties depending on the combination and level of impairment.

Increased Penalties for Accidents and Injuries for Driving High

If a driver is convicted of DWI or DWAI-Drugs and causes an accident that results in injuries or fatalities, New York law imposes significantly enhanced penalties. These can include:

• Vehicular Assault: When an impaired driver causes an accident that results in serious physical injury to another person, they may be charged with vehicular assault, a felony. 
• Vehicular Manslaughter: If the accident results in the death of another person, the driver can face vehicular manslaughter charges. For a first offense, vehicular manslaughter can lead to a prison sentence of up to 15 years. 

Enhanced penalties underscore the seriousness of impaired driving in New York, especially when it results in harm to others. These charges strengthen your personal injury claim if you have been injured in an accident where the other driver was high.

Your Rights and Next Steps: Contact William Mattar Law Offices

New York takes impaired driving very seriously, and if you’ve been injured in an accident caused by a driver who was high, you have the right to seek compensation for your losses. A personal injury lawyer with experience in cases involving impaired drivers can help you understand your options, gather critical evidence, and pursue the full compensation you deserve. 

The attorneys at William Mattar Law Offices can leverage the DWI evidence against the at-fault driver to show negligence and advocate for your rights, ensuring you have the best chance of securing a favorable outcome. 

With offices across New York, we’re just a phone call away. Let us handle the insurance company while you focus on your recovery. Call our main office in Williamsville, NY, at 716-444-4444 or contact us online anytime, 24/7. We can serve clients throughout New York, including Buffalo, Rochester, Syracuse, Albany, Long Island, Binghamton, Watertown, Plattsburgh, and New York City.

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