Kaufman & Stigger, PLLC helps people in Kentucky when they’re injured by drivers that are intoxicated with THC and other substances. Laws around DWI in Kentucky were designed for alcohol, but in recent years, other substances have become more and more prominent. This includes THC. No matter what the source of the intoxication was, our team can guide you through an injury claim to get back on your feet. Set up a free consultation today.
Do I Need a Lawyer?
Even though the result is the same, a car accident where the other driver is high on THC is usually a bit different than normal. There’s typically not a blood alcohol level to go off of, which opens the door to questions about what really happened. Meanwhile, you’re still dealing with injuries and other damage. But do you need a lawyer? It really depends on your situation, but in general, having our team on your side can really help. We can:
- Clear up any questions about whether the driver was high on THC.
- Help you gather important evidence and information for a claim.
- Explain how the claims process is going to work.
- Handle all the back-and-forth with the insurance company.
- Filing a lawsuit for you, if that’s what it takes.
Most of all, we can make things easier for you while you focus on getting better. THC-related car accidents are usually just as damaging as a drunk driving accident, although they don’t get as much attention. We can help you move forward, but the process is going to start right there at the accident scene.
What Should I Look For After a Car Accident Where I Think the Other Driver is High on THC?
With THC-related accidents, the details matter. Not in a complicated or overwhelming way—but in a “this helps show what really happened” way. The goal is to document the accident itself, just like you would with any other. Here’s an important point: even if you think the other driver is high on THC, it’s important to not approach them. Let the police do the questioning. Your focus should be on gathering things like:
- The police report. Officers may note signs of impairment, admissions of marijuana use, drug paraphernalia, or observations about coordination and behavior.
- Medical records and treatment notes. These show your injuries, the care you’ve needed, and how your recovery is going.
- Photos or videos from the scene. Vehicle damage, road conditions, and anything that helps explain how the accident happened.
- Witness contact information. Witnesses may have noticed erratic driving, delayed reactions, or unusual behavior before or after the accident.
- Your own notes about daily impact. Pain, mobility issues, sleep problems, and changes to your routine don’t always show up in records unless you track them.
You don’t need to organize all of this perfectly on your own. The point is to make sure your claim reflects the full impact of the accident—not just what fits neatly into a form. And the more information you have, the easier it can be to narrow down who’s responsible.
Who’s Legally Responsible For a THC-Related Car Accident?
In one specific way, a THC-related car accident is a bit easier to shake out: figuring out who’s responsible. Once the driver is confirmed to have been impaired by THC at the time of the collision, they’re going to carry the legal responsibility for your injuries.
But they aren’t the only ones involved in some cases. Depending on the situation, others who could share some of the responsibility include:
- People who provide marijuana to minors
- Employers who allow employees to drive company vehicles while impaired
- Anyone who knowingly lets an impaired person get behind the wheel
Basically, driving while impaired by THC is clear-cut negligence. But if anyone else contributed to that decision, they have some responsibility too. That’s important for what comes next: filing a claim.
What Options Do I Have For Filing a Claim After a THC-Related Car Accident?
At its core, an accident caused by a driver impaired by THC is still a car accident. That means the actual claims process is going to work the same way, where you can either file:
- An insurance claim out of court.
- A personal injury lawsuit.
Obviously, the details are going to matter, but at least when it comes to your options, insurance is usually the starting point and then things progress to a lawsuit if the insurance process stalls out. No matter which option you go with, though, the purpose is the same: to recover damages connected to the accident, which usually involves:
- Medical bills you’re dealing with now and those you may face later
- Income you’ve already lost and income you may lose going forward
- Repair or replacement of your vehicle and other damaged property
- Physical pain and ongoing discomfort
- Emotional stress and mental strain
- A reduced quality of life
- Wrongful death expenses in fatal cases
- Punitive damages in cases involving especially reckless behavior
One thing that often gets overlooked: Kentucky generally gives you two years to file an injury claim after a car accident. Missing that deadline can end the case before it really gets started.
Why Do THC-Impaired Driving Accidents Happen in Kentucky?
Most drivers know they shouldn’t get behind the wheel while impaired. Even so, THC-related accidents happen every day across Kentucky, from city streets to rural backroads. In many cases, the same issues show up again and again:
- Drivers think they’re fine to drive. Many people assume marijuana doesn’t affect their driving the way alcohol does, without realizing THC can slow reaction time and cloud judgment.
- The effects don’t always hit right away. THC impairment can build over time. Some drivers get on the road before realizing how affected they really are.
- Rural roads create a false sense of safety. Long stretches of two-lane highway and lighter traffic can make drivers think they can take chances they shouldn’t.
- Night and weekend driving. These accidents are more common at night and on weekends, when visibility is lower and impaired drivers are more likely to be out.
- Mixing substances. Some of the most serious cases involve marijuana combined with alcohol or prescription drugs, which can make impairment much worse.
THC-impaired car accidents aren’t random. They tend to follow familiar patterns—and those patterns put everyone else on the road at risk. When that happens to you, our team will be there to guide you through the whole process.
Getting Help After a THC-Impaired Driving Accident in Kentucky
On paper, a THC-impaired driving accident may look like any other car accident. In reality, these cases are often more complicated and more serious, especially once insurance companies start pushing back.
If you were hurt by a driver impaired by marijuana, getting clear guidance early can help you understand your options and avoid mistakes that are hard to undo later. The Kentucky car accident lawyers at Kaufman & Stigger, PLLC can walk you through what comes next and help you decide what makes sense for your situation.
