How do I know if the driver who caused my motorcycle accident was under the influence of marijuana?

At the moment of impact, you have no way of knowing whether the other driver is under the influence of marijuana. Even immediately after the crash, you may not know whether the other driver had used marijuana before getting on the road or while driving. While a breathalyzer may instantly detect alcohol, no similar tests currently exist to detect marijuana or other drugs.

That’s okay. You don’t need to know the cause of your crash right after the collision. During the time right after the accident, you need to gather as much information as possible, make sure the police come to the accident scene and accept medical attention. However, after the immediate emergency passes, you will need to know if marijuana use was a factor in your motorcycle accident.

Why You Need to Know the Cause of Your Bike Crash

You need to prove who was legally responsible for causing your motorcycle accident before you can recover compensation for things such as medical costs, lost income, out-of-pocket expenses, pain, and suffering.

Drivers under the influence of marijuana may have impaired reaction time, motor coordination, and judgment. A Harvard University study also found that drivers who regularly use marijuana may be dangerous even when they are not high. Therefore, marijuana use may be significant evidence in proving that another driver was negligent and is now legally responsible for paying your accident damages.

How to Find Out If Marijuana Use Caused Your Motorcycle Accident

An experienced motorcycle accident lawyer knows what questions to ask and how to ask them in a legally compelling way to get the information you need. For example, your lawyer may:

  • Request that written interrogatories be answered under oath
  • Ask questions during a deposition that the other driver must answer under oath
  • Request the other driver to produce certain documents, such as medical records, that could determine whether the other driver used marijuana

Then, your lawyer may use this information to build a strong case for your fair recovery. To learn more, please contact our Midwest motorcycle accident lawyers today for a free, no-obligation legal consultation.


Jason F. Abraham
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Helping car accident and personal injury victims throughout Wisconsin, Illinois and Iowa since 1993.