Can You File a Personal Injury Lawsuit for Marijuana-Related Accident?

While the side effects of marijuana usage have always been hotly contested, a nine-month-old baby’s injuries tell a completely different story. On Feb 7, 2020, at approximately 9:30 a.m., a 19-year-old woman was leisurely pushing a stroller through a crosswalk. All of a sudden, 28-year-old Ashley Bowman failed to yield to a pedestrian and plowed her Honda Civic into the stroller, causing it to flip over. Fortunately, the 9-month-old baby only sustained facial injuries.

Following the incident, Bowman briefly spoke to the 19-year-old victim and fled the scene. Ironically, Bowman was driving with her own 6-month-old daughter. She was later apprehended and arrested on three different felony charges:

  • Hit-and-run resulting in injury;
  • Causing bodily injury while driving; and
  • Willful cruelty to a child.

Fleeing the scene of an accident

Based on preliminary reports, Ms. Bowman’s liability is inherently clear because she was operating a motor vehicle under the influence of marijuana and fled the scene. And leaving the scene of an accident is a crime.

However, this scenario isn’t entirely unique. Many motor vehicle crashes and accidents involve a hit-and-run scenario. Typically, suspects choose to flee the scene of the accident because they are concerned about being arrested, are intoxicated, or are driving without a license.

Marijuana Legalization and DUI

In California, the legalization of marijuana has resulted in a spike in accidents, which was the case illustrated by Ashley Bowman’s severely impaired judgment. However, just because marijuana is legal doesn’t mean it’s legal to drive under the influence.

If you’ve been injured due to a driver operating a vehicle under the influence of any type of substance, you may be entitled to receive compensation for your losses. An experienced personal injury attorney can guide you through the process and file a personal injury lawsuit on your behalf. Your attorney will work closely with you to lead an independent investigation of the accident to determine all factors at play.

Should I Take the Settlement Offered by the Insurance Company?

Far too often, insurance companies pressure victims into accepting a quick payout for significantly less than the case is worth. Because of this, it’s always a good idea to speak to an experienced personal injury attorney to ensure you are justly compensated. Your attorney will negotiate with the insurance company on your behalf and advocate for you.