Whether you call it weed, grass, marijuana, or another name, it’s probably more common than you realize. Some states like Cali and Colorado are bucking Federal law and legalizing marijuana. Texas isn’t one of these states.
There can be some pretty stiff potential penalties for marijuana possession in Texas, especially if you’re guilty of weed intoxication. Yep, the Lone Star State’s DUI laws also apply to weed intoxication. If a stoned driver causes your injuries, you may be able to recover compensation.
Texas Weed Laws
In Texas, possession of marijuana refers to the act of knowingly or intentionally having a usable quantity of marijuana, as defined by the Texas Health and Safety Code Section §481.121. The law distinguishes between different amounts of marijuana, with penalties ranging from a Class B misdemeanor for possessing two ounces or less, up to a first-degree felony for possessing more than 2,000 pounds.
Prosecutors must be able to show the delta 9 THC concentration is over 0.3% by dry weight. Anything 0.3% and lower is considered hemp, and Texas laws are different.
How Texas Looks at Hemp
The Health and Safety Code Section 443.201 recognizes the Agriculture Code definition of hemp. Texas Agriculture Code Section 121.001 says that the Cannabis sativa L plant and any derivative with a “delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis” is hemp or a hemp derivative in Texas.
Yep, this means hemp plants are legal, but don’t start planting random marijuana seeds in your backyard. Even though it’s essentially the same plant, the chemical compounds are different. This is basically what makes hemp legal and marijuana possession anything from a misdemeanor to a criminal offense.
Common Recoverable Damages in a Texas DUI Accident Claim
Even though every intoxicated driver accident is different, the types of damages tend to stay the same. Your claim can include a mix of economic and non-economic losses. Some common examples typically include:
- Past and future medical expenses
- Lost wages and diminished future income
- Lost income from being unable to work
- Pain and suffering
- Scarring and disfigurement
- Emotional distress and anguish
- Physical Impairment
- Loss of consortium and enjoyment of life
Since intoxicated driving accidents often meet guidelines for proving gross negligence. This is when someone’s actions are knowingly or willfully malicious or reckless, you may qualify for punitive damages. You can’t claim punitive damages, these are only awarded by a judge or jury. You also can’t specify an amount, it’s completely up to the court how much you receive in exemplary damages.
Navigating a Texas Marijuana DUI Accident Claim
DUIs are typically tied to drunk driving but driving under the influence also refers to weed intoxication. Yep, you can be too stoned to legally drive. If you’re involved in a car accident and the liable driver is high on marijuana, you should be able to recover at least some compensation. However, this also means following a few essential steps.
Report the Accident
All states have laws requiring drivers to report most vehicle accidents. In Texas, you must report an accident if injuries or fatalities are present or property damage exceeds $1.000. However, even if you don’t notice any injuries or vehicle damage, it’s still the law to immediately report the collision if the driver is intoxicated.
Your accident report is a vital part of the evidence you submit with your insurance claim. The report serves as proof that the incident occurred. Texas is also a comparative negligence state. Your accident report can help ensure the insurance adjuster doesn’t assign you more than your fair share of the blame.
Seek Medical Treatment
You may not think your injuries are severe. You may not even realize you sustained injuries from the accident. Some injuries aren’t immediately apparent. They can take a few days or even weeks to start manifesting signs and symptoms.
You don’t want to leave any injuries untreated. This can lead to more severe health issues. You also want to ensure any medical costs are included in your personal injury claim. This means visiting a healthcare provider for diagnoses and treatment. Your medical records will be crucial to proving your injuries. Without the documentation, you probably can’t list your medical expenses in the claim.
Contact an Attorney
Some car accidents are pretty cut and dried. For example, a minor fender bender in a parking lot. You can probably handle filling out the insurance forms without assistance from an attorney. This can be especially true if injuries aren’t present.
For most other types of accidents, you should consider contacting an attorney. A personal injury attorney can review your claim and help ensure you’re listing all of your damages. You don’t want to skip over a potential loss. Not only does it reduce the value of your claim but it can also leave you with outstanding expenses. You can’t add losses to an insurance claim after sending in the paperwork. Instead, you need to start the process all over again.
Proving Negligence in a Marijuana Intoxication Accident Claim
An essential part of just about any type of personal injury claim is proving negligence. If you can’t show negligence, your accident claim isn’t going to go very far. Usually, proving negligence means meeting four essential elements. However, things are a little different in Texas intoxicated driver car collision claims.
You don’t need to show the other driver owes you a duty of care, it’s the first element of negligence. You can also skip over the second element, breach of duty. These two elements are established the second the other driver decides to hop behind the wheel after drinking.
All you and your Texas DUI accident attorney need to prove are the last two elements of negligence, causation, and damages. Causation means showing the decision to drive drunk is the direct reason for the accident. The final element refers to your damages. You only need to show your damages can only be caused by the vehicle accident.
Recovering Compensation After a Weed Intoxication Car Accident
Marijuana isn’t legal in the Lonestar State. Possession can lead to misdemeanor charges and even stiffer penalties like jail time. Since this isn’t stopping Texans from lighting up, there’s a chance you can be injured in a car crash. This means you should contact a Texas personal injury attorney.
