What to Do After an Accident with a Driver Under the Influence of Marijuana

Being in a car accident can be jolting, especially when it involves a driver impaired by marijuana. If you’re reading this, some time has likely passed since the accident. The immediate chaos has subsided, but you’re still dealing with the physical, emotional, and financial aftermath. You might also be wondering if there’s anything you can do to protect your rights and seek compensation—even if you didn’t take all the ideal steps right after the incident. The good news? It’s not too late.

Whether or not you followed all the “by the book” responses at the scene, there are still steps you can take now to strengthen your case and pave the way toward justice and recovery.

Reflect on the Scene of the Accident

Looking back, you may wish you had been able to immediately call 911, document the scene, take photos, exchange insurance details, and gather witness contact information at the time of the accident. If you were injured or in shock, it’s understandable that you may not have been able to do all these things.

If you didn’t collect this information, don’t worry—there are still other ways you can build a strong case. Many of the details you couldn’t gather yourself might still be accessible. Police reports, nearby surveillance footage, or even witness recollections can provide key evidence. Here’s how you can move forward:

• Check for a Police Report – If law enforcement came to the scene, they should have prepared a report. Contact the local police department to obtain a copy. This report often includes observations about the other driver’s behavior and may note signs of marijuana impairment.
• Look for Witnesses – If you noticed anyone who might have seen the accident, even if you didn’t get their information at the time, they may still be located. Witness accounts can be helpful in proving what happened.
• Assess Your Photos or Memories – If you happened to take any pictures or write down details afterward, revisit this material. Don’t underestimate the value of what you remember about the other driver’s behavior, the condition of the road, or other details of the accident itself.

Even if you don’t have all the details you think you need, other sources of evidence can fill in the gaps. The key is taking action as soon as possible.

Seek Medical Attention or Continue Treatment

Your health is the top priority. If you didn’t see a doctor immediately after the accident, it’s not too late. Even in the days and weeks following the crash, symptoms of injuries can surface. You might notice recurring pain, stiffness, dizziness, or other issues you didn’t initially connect to the accident. Some injuries—like concussions, whiplash, or internal injuries—can take time to fully manifest.

Here’s what you should do:

• Visit a Doctor – Schedule an appointment for a full medical evaluation. Explain that you’ve been in a car accident and provide as many details as possible. This will help the doctor determine whether your injuries are related to the incident.
• Follow Up on Existing Treatment – If you’ve already begun medical care for accident-related injuries, be diligent about attending follow-up appointments, taking prescribed medications, and doing any recommended physical therapy. Failing to stay on top of your treatment plan could negatively impact your health and your case.
• Keep Medical Records – Save all records, including doctor’s notes, test results, and bills. These documents will not only help you understand the scope of your injuries but also serve as evidence when you pursue compensation.

By prioritizing your health, you’re not only taking steps toward recovery but also reinforcing your case by showing how the accident has impacted your life.

Start Gathering Documentation

You can still gather documentation to create a more complete picture of your accident and its aftermath. These steps can help strengthen your position if you decide to pursue legal action or work with an insurance company:

• Record Your Recollection – Write down everything you remember about the accident. Include details like the date, time, weather, and how the crash occurred. If the marijuana-impaired driver behaved oddly at the scene or displayed signs of being under the influence, make note of that too. Your memories are still valuable evidence.
• Keep a Recovery Journal – Document how the accident has affected your daily life. Have you been unable to work? Are you struggling with physical pain or emotional distress? A recovery journal can demonstrate the toll the accident has taken on you.
• Track Expenses – Keep records of any expenses related to the accident. This includes medical bills, prescription costs, lost wages, vehicle repair bills, and transportation costs for medical appointments. All of this information can be used to calculate the full extent of your damages.

Even if it feels like a piece of evidence is “too small” or not important, include it. You never know what might make a difference in your case.

Talk to Your Insurance Company

If you haven’t already contacted your insurance provider, now is the time. Be prepared to explain the basic facts of the crash and provide any documentation you’ve gathered so far, such as the police report or medical records. Keep these tips in mind when dealing with your insurance company:

• Stick to the Facts – Be honest and straightforward, but don’t speculate about fault or make assumptions about the other driver’s behavior.
• Understand Your Coverage – Review your insurance policy so you understand what is covered, including medical expenses, property damage, and possibly uninsured motorist coverage.
• Be Cautious with Settlements – The insurance company might offer you a quick settlement. While this can be tempting, remember that initial offers are often much lower than what you’re entitled to. Before accepting anything, make sure you understand the full value of your claim.

Your insurance company is a key player in your case, but their goals may not always align with yours. This is why many accident victims find legal representation to be essential.

Know Your Rights

Accidents involving marijuana-impaired drivers can raise unique legal issues, particularly when proving impairment or liability. However, you should know this simple fact—you have rights, and you still have options, even if it’s been days or weeks since the crash.

Consider these points:

• Impaired Driving Is Illegal – Regardless of whether marijuana is legal for recreational or medicinal use, driving under its influence is against the law. If the other driver was impaired, they were breaching their duty of care to other motorists.
• You’re Entitled to Compensation – If you were injured due to someone else’s negligence, you deserve compensation for the physical, emotional, and financial strain they have caused. Compensation could cover medical expenses, lost income, pain and suffering, and more.
• There’s a Time Limit – Laws set a time limit on filing claims, known as the statute of limitations. The earlier you act, the better your chances of building a strong case before the deadline passes.

Understanding your rights is a key step in moving forward. If you’re unsure of where to start, seeking reputable legal guidance can help you make informed decisions.

The Importance of Legal Representation after an Accident with a Marijuana-Impaired Driver

After an accident involving a marijuana-impaired driver, it’s natural to feel overwhelmed. You’re likely dealing with injuries, medical bills, missed work, and the emotional toll of the crash. On top of this, you may have questions about your rights and how to seek justice. This is where having skilled legal representation can make all the difference.

Navigating Complex Legal Issues

Marijuana-related accidents can present unique legal challenges. Unlike alcohol, where specific blood alcohol content (BAC) levels are clearly defined by law, proving marijuana impairment is often more complicated. There’s no universal measurement for impairment, and a driver could claim they legally consumed marijuana hours or even days before getting behind the wheel.

An experienced attorney understands these complexities. They can work with toxicology experts, review police reports, and gather evidence to build a strong case that demonstrates the impact of the other driver’s impairment on the accident. Without legal guidance, proving this essential element of your case can feel like an uphill battle.

Dealing with Insurance Companies

Insurance companies often try to minimize their payout, and they may challenge your claim by downplaying the severity of your injuries or disputing liability. This is especially common in cases involving marijuana impairment, where proving fault can be more nuanced.

A knowledgeable attorney knows how insurance companies operate and will advocate fiercely on your behalf. They can handle all communications with the insurer, ensuring your voice is heard and that you don’t accept a lowball settlement that fails to cover the full extent of your damages. This allows you to focus on your recovery while your legal team fights for the compensation you deserve.

Ensuring Fair Compensation

an accident can leave you facing mounting medical bills, lost income, and significant pain and suffering. Unfortunately, without legal help, you may find it challenging to truly quantify and demand all you’re entitled to. An attorney will take the time to assess how the accident has impacted every area of your life, from your finances to your physical and emotional well-being.

Beyond this, personal injury attorneys have the experience needed to calculate future costs, such as long-term medical care or lost earning potential if your injuries are permanent. They aim to ensure you’re not only compensated for the present but for the challenges you may face down the road.

Giving You Peace of Mind

Perhaps most importantly, having legal representation can provide you with peace of mind during an incredibly stressful time. Knowing you have someone who understands the law and is committed to protecting your rights can help alleviate the burden you’re carrying. A compassionate attorney will guide you through every step of the process, answer your questions, and make sure you are never left to face the aftermath of the accident alone.

Legal representation isn’t just about securing compensation—it’s about ensuring accountability and giving you the resources to move forward. With the right team in your corner, you can focus on healing and rebuilding your life while they handle the rest.

Work with an Experienced Legal Team

If you’re feeling overwhelmed or unsure about next steps, you’re not alone. Navigating life after an accident is difficult, and the process of pursuing justice can feel daunting. That’s why many choose to lean on experienced legal professionals for support.

At Maggiano, DiGirolamo & Lizzi, P.C., we recognize that every client’s story is unique. Our compassionate team will take the time to understand your needs, investigate your case thoroughly, and fight tirelessly for the compensation you deserve. With decades of combined experience in personal injury law, our attorneys are here to handle everything from gathering evidence to communicating with insurance companies and representing you in court if needed.

We work on a contingency fee basis, which means you owe nothing unless we win your case. Your focus should be on healing—we’ll take care of the rest. Whether you’re in Fort Lee, Hackensack, the Bronx, or nearby communities, our team is here for you. Contact us today at (201) 585-9111 or through our online form to discuss your case during a free consultation.