Since Colorado legalized marijuana, many aspects of daily life have changed. One area that’s seen a clear impact is impaired driving and car crash litigation. If you’re injured in such an accident, a Fort Collins car accident attorney can help you understand how cannabis laws may affect your case.
Changing Crash Statistics
After legalization, law enforcement in Northern Colorado noted a rise in traffic stops involving drivers under the influence of marijuana. While not every stop results in a crash, the increase has raised concerns. Some studies suggest marijuana-related DUIs have become more frequent.
Unlike alcohol, marijuana impairment is harder to measure. There’s no universal threshold like the 0.08% blood alcohol content limit. This creates uncertainty in determining whether a driver was truly impaired at the time of a crash.
The gray area in impairment detection can complicate legal cases. Victims of these accidents must often rely on witness accounts, field sobriety tests, or blood test results. These tools aren’t always clear-cut, adding layers of complexity.
Law Enforcement Adjustments
Police departments in Fort Collins and across Larimer County have had to adapt to changing DUI enforcement. Officers now receive specialized training to spot signs of drug impairment, including observing pupil size, reaction time, and behavior during traffic stops.
Colorado also uses Drug Recognition Experts (DREs) during investigations. These officers follow a twelve-step protocol to assess whether a driver is under the influence of drugs. Their observations can play a crucial role in both criminal and civil cases.
Still, the lack of a roadside test equivalent to a breathalyzer means marijuana DUI enforcement is far from perfect. Officers must rely on subjective observations and delayed blood test results. This makes the legal process more unpredictable.
Legal Definitions Of Impairment
Under Colorado law, drivers can be charged with a marijuana DUI if they’re impaired “to the slightest degree.” That’s a low threshold compared to alcohol laws. But proving that level of impairment isn’t always straightforward.
Injury cases tied to marijuana DUIs must also address these legal definitions. Was the driver impaired at the time of the accident? Did cannabis use directly cause the crash? These questions must be answered to determine fault and liability.
Because marijuana stays in the system longer than alcohol, someone may test positive days after using it. That makes timing crucial. A Fort Collins car accident attorney can help investigate the facts and challenge misleading test results.
Impact On Injury Claims
Victims injured by impaired drivers may face additional challenges when marijuana is involved. Insurance companies might argue that cannabis use didn’t directly cause the accident. They could downplay impairment to avoid paying damages.
This is where legal strategy becomes essential. Establishing a timeline of the crash, including driver behavior and toxicology results, is key. Witnesses and expert testimony may also be used to strengthen the claim.
When marijuana impairment is suspected, the burden of proof can shift. Strong legal support ensures that your side is presented. An attorney can also help challenge weak or inconclusive evidence from the defense.
Defenses and Complications
From the accused driver’s perspective, marijuana-related crash cases often include specific defenses. A common claim is that cannabis was used hours or even days earlier, not right before driving. Another is that other factors, like poor road conditions, may have contributed to the crash.
Defense attorneys may also question the reliability of the arresting officer’s judgment. Some DUI charges may be dropped or reduced without solid blood test evidence. However, civil cases for injuries operate under a different burden of proof than criminal ones.
This lower burden means a driver may avoid conviction but still be liable for damages. The details of each case matter greatly. A local attorney knowledgeable of Northern Colorado courts can guide victims through this legal maze.
Cannabis And Mixed Impairment Cases
An added challenge is the presence of multiple substances. Drivers may have both alcohol and marijuana in their systems. These “poly-drug” cases are becoming more common and are harder to untangle.
Such cases often involve expert toxicologists interpreting blood tests and behavioral data. They may testify about how the combination of substances affects driving ability. Courts and juries rely on this expert input to understand the science behind impairment.
The presence of multiple substances can strengthen a personal injury claim. It shows a higher level of recklessness. This may lead to greater compensation for injured parties.
Conclusion
Marijuana legalization has introduced new complexities into DUI-related crash cases in Northern Colorado. From proving impairment to handling insurance disputes, each case requires close attention. A Fort Collins car accident attorney can help victims navigate these evolving legal challenges.
