Does Driving High Cause Car Accidents?

People drive high in Washington and across the country more often than most people think. Research shows that marijuana impairs the motor skills, reaction time, and cognitive functions that every driver depends on to stay safe. When someone chooses to get behind the wheel while high and causes an accident, the people they hurt may have grounds to file a civil injury claim and pursue financial compensation. 

In Washington State, where recreational marijuana has been legal since 2012, driving under the influence of cannabis remains a serious criminal offense. But beyond the criminal penalties the impaired driver faces, injured victims have a separate legal path to hold that driver accountable.

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Key Takeaways about Can Driving High Cause Car Accidents

• Research suggests that drivers who use cannabis are roughly twice as likely to be involved in a crash compared to sober drivers.
• Over 40% of drivers who died in motor vehicle crashes in a recent study tested positive for active THC in their blood.
• Washington State sets a legal THC limit of 5 nanograms per milliliter of blood for drivers, and exceeding that limit is treated as a DUI.
• A driver’s criminal DUI charge and a victim’s civil injury claim are two separate legal processes, and one does not depend on the other.
• People injured by a marijuana-impaired driver may be able to recover compensation for medical expenses, lost wages, pain and suffering, and more.

How Marijuana Impairs a Driver’s Ability to Stay Safe

Cannabis contains THC (tetrahydrocannabinol), the psychoactive compound that produces the “high.” That high comes with real physical and mental effects that directly interfere with safe driving.

According to the National Highway Traffic Safety Administration (NHTSA), marijuana can:

• Slow a driver’s reaction time, making it harder to respond to sudden changes on the road
• Impair coordination, which affects steering, braking, and lane control
• Reduce the ability to judge distances between vehicles, pedestrians, and objects
• Hurt the capacity to multitask, a critical skill when managing speed, mirrors, signals, and surrounding traffic all at once

These effects can be especially dangerous in high-traffic areas. Think about the busy parking lots at places like Redmond Town Center or the QFC on Avondale Road, where pedestrians, cyclists, and vehicles are constantly sharing tight spaces. A driver whose reaction time is impaired may not see a person walking to their car or a cyclist passing through until it is too late.

What makes this even more concerning is that the effects of marijuana vary widely from person to person. How much was consumed, the potency of the product, how it was taken (smoking, edibles, or vaping), and how often the person uses cannabis all influence the level of impairment. 

This unpredictability means there is no reliable way for a driver to know whether they are truly safe to be on the road after using marijuana.

What the Research Says About Marijuana and Car Accidents

A growing body of research links marijuana use with a higher risk of motor vehicle crashes, and the numbers are striking.

A study presented at the American College of Surgeons Clinical Congress last year found that over 40% of drivers who died in motor vehicle crashes tested positive for active THC. The average blood THC level among those drivers was 30.7 ng/mL, which is many times above the concentrations generally considered to cause impairment. 

These rates stayed consistent over a six-year study period and did not change after the legalization of recreational cannabis in the study’s location.

Additional research paints a similar picture:

• A study published in the Journal of Studies on Alcohol and Drugs found that the legalization of recreational marijuana was associated with a 6.5% increase in injury crash rates and a 4.1% increase in fatal crash rates.
• Data from the Hazelden Betty Ford Foundation indicates that cannabis users who drive are approximately twice as likely to be in an accident compared to when they are sober.
• A recent study in JAMA Network Open found that among injured drivers at trauma centers, 16.3% tested positive for THC, slightly higher than the share who tested positive for alcohol.

For anyone who has been hit by a driver they suspect was high, these statistics reinforce something important: marijuana-impaired driving is a well-documented safety risk, and the person who caused your crash may have been engaging in reckless behavior that the law takes very seriously.

Washington State’s Criminal DUI Laws for Marijuana

Washington was one of the first states to legalize recreational marijuana, but that legalization came with clear rules about driving. Understanding how the state handles criminal DUI charges for marijuana use matters because it provides important context for any civil injury claim you may pursue.

Here is how Washington law works:

• The legal THC limit is 5 ng/mL. Under RCW 46.61.502, a driver with a blood THC concentration of 5.00 or higher within two hours of driving is guilty of DUI. This is a “per se” limit, meaning prosecutors do not need to prove additional signs of impairment.
• Zero tolerance for drivers under 21. Under RCW 46.61.503, any detectable amount of THC in the blood of a driver under 21 can lead to criminal penalties.
• Medical marijuana is not a defense. A medical marijuana authorization card does not protect a driver from DUI charges. The law applies to recreational and medical users equally.
• Penalties are serious. A first-offense marijuana DUI carries a mandatory minimum of 24 hours in jail, fines, license suspension, and ignition interlock device requirements. Repeat offenses bring significantly harsher consequences.

If the driver who hit you is charged with or convicted of a marijuana DUI, that criminal case can serve as powerful evidence in your separate civil claim. But it is also important to know that you do not need a criminal conviction to pursue a civil case. 

The standard of proof is different. In a criminal case, the state must prove guilt beyond a reasonable doubt. In a civil claim, you only need to show that the other driver was more likely than not at fault for your injuries.

Criminal Charges vs. Your Civil Injury Claim: What Is the Difference?

Many people who are hurt by impaired drivers assume that justice will come through the criminal case alone. But criminal charges and civil injury claims serve very different purposes.

Here is a side-by-side look at how these two processes differ:

The criminal case may support your civil claim by establishing that the driver was impaired, but your civil case does not depend on it. Even if the driver is never charged or the criminal case falls apart, you may still have a strong civil claim based on the evidence of their impairment and negligence.

Steps to Protect Your Claim After Being Hit by a High Driver

If you have been injured in a crash and believe the other driver was under the influence of marijuana, there are several steps that can strengthen your civil claim once you are safely home and have received any immediate medical care.

• Follow through on all medical treatment. Attend every appointment and follow your doctor’s recommendations. Gaps in treatment can be used by insurance companies to argue that your injuries are not as serious as you say.
• Document everything you remember. Write down what you saw, heard, and smelled at the scene. If the other driver was behaving strangely, if you noticed the smell of marijuana, or if they made any statements, record it as soon as possible.
• Request a copy of the police report. Officers who respond to the scene may note signs of drug impairment, field sobriety test results, or whether the driver was tested for THC. This report can become a key piece of your case.
• Keep records of all your expenses and losses. Track medical bills, pharmacy costs, lost wages, rideshare expenses, and anything else related to the impact the injury has had on your daily life.
• Talk to a personal injury attorney before accepting any insurance settlement. Insurance adjusters often move quickly with lowball offers, especially when an injured person is unrepresented and under financial pressure.

That last point cannot be stressed enough. Insurance companies are well aware that people without legal representation often do not understand the full value of their claim. A quick settlement might seem like a relief when you are dealing with pain and mounting bills, but it may fall far short of covering the true cost of your injuries over time.

FAQs for Does Driving High Cause Car Accidents?

Here are some common questions people have about marijuana-impaired driving and injury claims.

If the driver who hit me was high, does that automatically mean I will win my injury case?

Not automatically. A positive THC test or even a DUI charge is strong evidence, but a civil claim still requires proving that the other driver’s impairment was a cause of the accident and your injuries. A Redmond car accident attorney can help you gather and present the evidence needed to build a strong case.

What if the other driver was not charged with a DUI but I believe they were high?

You can still pursue a civil injury claim. Criminal charges are not required for a civil case to move forward. Your attorney can use other evidence, such as witness statements, officer observations, toxicology results, and crash scene evidence, to support your claim.

Can I file a claim if the crash happened in a parking lot rather than on a public road?

Yes. Parking lot accidents are common, and you can pursue a personal injury claim regardless of where the crash occurred. Many marijuana-impaired driving accidents happen in parking lots at shopping centers and grocery stores where pedestrians and cyclists are especially vulnerable.

How long do I have to file a personal injury claim in Washington State?

Washington’s statute of limitations for most personal injury claims is three years from the date of the injury. However, waiting too long can make it harder to preserve evidence and build a strong case. Speaking with an attorney sooner rather than later is always a good idea.

Does the other driver’s insurance have to pay my claim if they were driving high?

The other driver’s auto insurance typically covers damages they cause in an accident, regardless of whether they were impaired. However, insurance companies often fight hard to minimize payouts. Having legal representation can make a significant difference in the outcome.

What if the high driver also had alcohol in their system?

Research consistently shows that combining marijuana and alcohol produces significantly greater impairment than either substance alone. If the other driver had both substances in their system, it may strengthen your case by further demonstrating reckless behavior.

What types of injuries are common in accidents caused by impaired drivers?

Impaired driving crashes often result in serious injuries because the at-fault driver fails to brake or react in time. Common injuries include broken bones, spinal cord damage, traumatic brain injuries, soft tissue injuries, and in pedestrian or cyclist cases, catastrophic or life-threatening harm.

Hit by a High Driver in Redmond? We Are Ready to Fight for You.

If you or someone you care about has been injured by a driver who was under the influence of marijuana, you deserve someone in your corner who believes in your story and will fight for what is fair. At Narwal Injury Law, we prepare every case as if it is going to trial, because that is the only way to get insurance companies to take your claim seriously. 

You focus on healing and getting your life back on track. We handle the heavy lifting. Call our Redmond office today for a free consultation and find out how we can help you get the justice and compensation you deserve.

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