Collisions Under the Influence of THC
December 2024
In Wisconsin, the debate will continue in the future over the legalization of THC. However, for now THC remains illegal. A driver that causes a collision under the influence can be held civilly liable as well as criminally responsible for causing a collision and injury.
After a collision where the use of THC is suspected, law enforcment may seek a blood sample from the driver. If this blood sample is positive for THC, that result may become important evidence in a civil case. The THC in the system may become evidence to indicate that driver was less attentive or impaired while driving. Ultimately, the evidence could assist in establishing negligence on the part of the responsible driver.
A legal doctrine which is also developing is punitive damages for having illegal drugs in the system and causing injury. While there is law on the issue of driving under the influence of alcohol and punitive damages, the issue with respect to driving under the influence of illegal drugs and punitive damages remains much more cloudy. A person should take notice that this is an area where caselaw should develop over the course of the next few years which should answer legal questions on the topic.
If you have been injured by a driver under the influence of THC, take the time to find experienced trial counsel. At Herrick & Hart, we have been on the side of the injured since 1951. We offer a free consultation on personal injury cases.