Being involved in a motorcycle accident can be a harrowing experience, and it is common for victims to suffer serious injuries. If you were involved in a motorcycle accident while under the influence of marijuana, you may be wondering if you can still seek compensation for your injuries. The answer is not always straightforward, and it depends on a variety of factors. In this blog post, we will explore the legal and medical implications of using marijuana and how it may affect your ability to receive compensation for your motorcycle accident injuries.
The legality of marijuana use varies by state, and it is important to understand the laws in your state before making any assumptions about your legal rights. In states where marijuana is legal for recreational use, such as California and Colorado, using marijuana prior to a motorcycle accident may not necessarily bar you from seeking compensation for your injuries. However, even in these states, it is illegal to operate a vehicle while under the influence of marijuana, and this can have serious consequences if you are involved in an accident.
How Does Marijuana Use Affect a Personal Injury Case?
If you were under the influence of marijuana at the time of your motorcycle accident, it may be difficult to prove that the accident was not your fault. Insurance companies and defense attorneys will likely argue that your impaired state contributed to the accident, and they may use this argument to deny your claim or reduce the amount of compensation you are entitled to receive.
Additionally, even if you were not at fault for the accident, your use of marijuana may impact the amount of compensation you are eligible to receive. In most states, compensation for motorcycle accident injuries is determined by the concept of comparative negligence. This means that they amount of compensation you can receive may be reduced if you were found to be partially at fault for the accident. If your use of marijuana was found to have contributed to the accident, you may be considered partially at fault and your compensation may be reduced accordingly.
From a medical perspective, the use of marijuana can also complicate your case. When you seek medical treatment for your motorcycle accident injuries, the medical records will indicated whether you were under the influence of marijuana at the time of the accident. This information can be used against you by insurance companies and defense attorneys to argue that your injuries were not caused by the accident, but rather by your use of marijuana.
If you are pursuing a claim for compensation for your motorcycle accident injuries, it is important to be honest with your attorney about your use of marijuana. Your attorney, like one of the experienced motorcycle accident attorneys with Kass & Moses, can help you navigate the legal and medical implications of your marijuana use and work to build a strong case on your behalf. It is also important to follow your doctor’s orders and attend all necessary medical appointments to ensure that your injuries are properly documented.
In some cases, the use of marijuana may actually work in your favor when seeking compensation for your motorcycle accident injuries. If you were using marijuana for medical reasons, such as to treat chronic pain or other medical conditions, this may be considered a mitigating factor. Your attorney can argue that your use of marijuana was a necessary medical treatment, and that it did not contribute to the accident.
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Can I Get Compensation Even If I Was High?
Ultimately, the impact of marijuana use on your ability to receive compensation for your motorcycle accident injuries will depend on a variety of factors, including the laws in your state, the circumstances of the accident, and the extent of your injuries. It is important to work with an experienced attorney who can help you navigate these complex issues and advocate for your rights.
If you or a loved one has been involved in a motorcycle accident and have questions about your legal options, contact a personal injury attorney today. An attorney can help you understand your rights and work to ensure that you receive the compensation you are entitled to for your injuries. Remember, the most important thing is to prioritize your health and safety and to see medical attention for your injuries as soon as possible.
There are several reasons why having an experienced lawyer is crucial if you are trying to get compensation for motorcycle accident injuries you incurred while under the influence of marijuana.
- Knowledge of the law: Personal injury lawyers have extensive knowledge of the law, including the specific laws related to motorcycle accidents and marijuana use. Your lawyer can help you navigate the legal process and ensure that your rights are protected.
- Experience with insurance companies: Insurance companies may try to deny your claim or offer you a low settlement if you were using marijuana at the time of the accident. A personal injury lawyer has experience dealing with insurance companies and can negotiate on your behalf to ensure that you receive fair compensation.
- Medical expertise: A personal injury lawyer has experience working with medical experts who can help determine the extent of your injuries and how they may have been impacted by your marijuana use. This can be important in building a strong case for compensation.
- Objectivity: Emotions can run high after a motorcycle accident, especially if you were using marijuana at the time. A lawyer can provide an objective perspective and help you may informed decisions about your case.
- Advocacy: Your lawyer can be your advocate throughout the legal process, fighting for your rights and working to ensure that you receive the compensation you are entitled to. This can be especially important if you are dealing with insurance companies or defense attorneys who may try to discredit your claim based on your marijuana use.
Having a personal injury lawyer represent you if you were using marijuana when you were involved in a motorcycle accident can be crucial. Your lawyer can provide legal knowledge and expertise, negotiate with insurance companies, work with medical experts, provide objectivity, and advocate for your rights. By working with a personal injury lawyer, you can ensure that your case is handled professionally and that you receive fair compensation for your injuries.
If you have specific questions about how marijuana use can affect your rights to compensation, contact the experienced motorcycle accident attorneys with the Law Firm of Kass & Moses today. Pick up the phone and dial 1-800-MOTORCYCLE to get your questions about marijuana use in a motorcycle accident answered.