If you are struck by a driver who was impaired by marijuana, you can seek full compensation for your damaged vehicle, your medical bills, and any time you miss from work.
Our skilled attorneys at Melrose Law fully investigate your accident and back your case with evidence so there is no question of who should accept financial accountability for the consequences. Then we demand support that covers everything you’ve been through. We are ready to talk to you in a free, no-obligation consultation. At such a difficult time, you owe it to yourself to learn about every benefit available while you recover.
Do I Need a Lawyer? If you were hit by a driver who was high on THC, and your injuries were serious, it’s a good idea to speak with an Asheville car accident lawyer. A broken bone or a head injury means medical bills will jump up quickly. This makes insurers fight harder against paying you what’s fair. A good lawyer protects you from false accusations and blame. Your lawyer can also help you earn much more for your claim in many cases. This is often more than you could earn by handling a claim yourself.
What Is THC In?
THC is the chemical compound found in Marijuana that causes the intoxicating effect or “high” when used. Marijuana can be smoked or “vaped” in oil form. THC is found in different types of edibles, like gummies and baked goods. All forms can impair a driver’s brain, lead to accidents, and result in a DWI charge in North Carolina.
Products containing CBD are sold legally in NC. CBC (cannabidiol) is usually taken from Hemp plants that have lower THC levels.
Products with the legal limit of CBD shouldn’t affect a motorist’s ability to drive. The problems arise when less-careful manufacturers create products with too much THC. Drivers could end up with a DWI charge if it affects their judgment.
What Is the THC Limit for Drivers in North Carolina?
There actually isn’t a set blood-THC measurable level that can land you with a DWI charge. In North Carolina, any amount of THC found in the bloodstream can be partial grounds for a DWI charge. It’s a zero-tolerance policy. But since marijuana can stay in the bloodstream for weeks after use, a charge is also dependent on the judgment of the officer on the scene.
It’s usually at the discretion of the Asheville Police Officer or the North Carolina Highway Patrol Officer who makes a stop or responds to an accident. The marijuana’s effect on the suspect’s behavior (and ability to drive) must be noticeable.
Testing for THC use is tricky. There aren’t any standardized tests for the substance that reliably show when it was used. And using THC can leave it in a person’s bloodstream for weeks. Marijuana may show up in the driver’s bloodstream, but officers must also show that the drug had an “appreciable” effect on the driver’s behavior.
To gather evidence of the effects, officers can make suspects take a field sobriety test, involving asking suspects to walk and balance on one foot. Some local officers are certified as Drug Recognition Experts (DREs) and can be brought in to evaluate a driver.
How Many Marijuana-Related Car Accidents Are There in Asheville?
The NCDOT Statewide Crash Dashboard found that Asheville saw 48 accidents involving drug use in 2023, resulting in at least 2 deaths. In 2024, cases were down slightly to 42 collisions and at least 1 death.
Across North Carolina in 2024, there were 2,271 drug-related traffic accidents resulting in 122 deaths. In state accident reporting, the different types of drug use violations aren’t separated, so data on just marijuana-caused accidents isn’t included.
What to Do After Getting Hit by a Driver Using THC
With the uncertainty that investigating officers face, any evidence that victims uncover on the scene may be able to help keep an impaired driver from escaping blame.
Victims can take certain steps right after their accidents to strengthen their cases. First, they could call 911 and request an ambulance response if anyone is hurt.
Then, when the scene is secure and victims feel up to it, they should try to collect some evidence on the scene. This is an important step, because a lot of this evidence will disappear shortly after the scene is cleared.
- Take pictures. Show any dents in vehicles. Show any visible injuries. Also get visual proof of any obvious drug use. Show any joints, roach clips, or water pipes you see in the driver’s open car or tossed out. Stay safe as you take photos and avoid any physical confrontations with the other driver.
- Tell officers everything you observe. Officers will prepare an accident report, and they must get the whole story. Alert them to any behavior you observed before the collision. Tell them about anything you observed while speaking to the other driver, such as red eyes or slurred speech. Note any smells you notice related to drug use and smoking.
- Get checked out fully by paramedics. Go to the emergency room if necessary. No matter what happens, schedule a visit to your own doctor afterward. Get any new pain examined and documented.
- Get witness contact information on the scene.
- Contact a skilled attorney. You may need help proving a driver was impaired. You may need help proving you didn’t cause an accident, even if the other driver was impaired. You may need help impressing on the insurance adjuster just how much you’ll require to pay all of your medical bills and rebuild your life. An attorney can simply help you get what’s fair and not be ripped off.
What Can I Earn in Support After Getting Hit by a Driver Using Marijuana?
The punishments listed above don’t help the victim in recovery. Victims will need to receive prompt help paying their hospital bills and restoring their normal lives. A skilled Asheville DWI Accident Lawyer makes sure insurance companies cannot unnecessarily delay support or provide far less than a patient needs.
Our attorneys would demand these benefits and more for you and your family:
- Support to pay all of your current medical bills, and any healthcare expenses that are expected in the future.
- Support for any income you lose while having to miss work due to injury.
- Support for the pain a drunk driver has forced you to endure with a serious injury.
- Support for the emotional stress a scary crash and a long recovery cause.
- Wrongful death support.
Buncombe County families who have a loved one taken from them by an impaired driver can also seek support. An Asheville Wrongful Death Lawyer would demand support to help them pay for funeral costs and any remaining hospital bills.
A wrongful death claim should also factor in the income a family may have depended on from the deceased victim. The lost companionship and love that’s been lost for the future must also be considered when determining the size of a wrongful death settlement.
Contact an Asheville Car Accident Lawyer
Your Melrose Law attorney fully investigates your accident and the records of DWI drivers. The evidence gathered can make a big difference in the amount you are able to demand and take home.
This evidence can help you earn 100% compensation for your doctor bills. It can help you demand replacement of your paychecks while you are missing work. It can earn you support for your physical pain and the emotional trauma you’re left with.
Melrose Law offers a free case consultation to all Buncombe County car accident victims. There’s no obligation for your case review, and all consultations are confidential. There are also no upfront charges if you do need to hire a great lawyer. We don’t get paid anything if we lose your case. If we win, our fee comes out of the settlement money you receive from a car insurance company.
