Is Cannabis the New Drunk Driving Hazard in Canada?

Can a drunk driving car accident lawyer help you if you are involved in an accident caused by a driver impaired by cannabis? Before understanding if you can hire the same lawyer for your case, over 10,000 Canadian drivers involved in car accidents found that cannabis is now the most common impairing substance. In that case, a drunk driving accident lawyer is also shifting their approach to a personal injury claim for such victims.

Key Takeaways:

• Alcohol is a single substance impairing driving ability. However, the combined use of alcohol and cannabis poses a serious and emerging concern.
• Combining marijuana with liquor skyrocketed the risk of a fatal crash by a staggering fortyfold.
• A personal injury lawyer will meticulously review your medical records to assess your injuries, lost income, and future treatment needs.

Statistics of Marijuana Intoxicated Accidents

The 2024 National Drug Driving Study, conducted by the University of British Columbia, analyzed blood samples from drivers involved in collisions across Canada between 2018 and 2023. The study, encompassing provinces from British Columbia to Newfoundland and Labrador, found that 54% of injured drivers tested positive for at least one impairing drug. Marijuana was detected in the bloodstream of 16.6% of these drivers, while 16% tested positive for alcohol. The researchers stated that “Driving after cannabis use appears to be an emerging problem in Canada and may now be more common than driving after drinking alcohol.”

Is Cannabis the New Drunk Driving?

While the study found that marijuana is more common in drivers, researchers emphasize that liquor poses a higher risk of serious car accidents. Jeff Brubacher, lead author and member of the University of British Columbia’s Department of Emergency Medicine, emphasized that liquor remains a concern, stating, “Good, old-fashioned alcohol is still likely the most problematic single substance. However, a new and concerning issue is the combination of alcohol and cannabis.” The study emphasizes that the effects of alcohol on operating a vehicle are well-understood and predictable, unlike marijuana. Dr. Brubacher hopes these findings will raise public awareness about the risks, particularly the dangers of combining liquor and marijuana. He also emphasizes the importance of continued data collection to support effective police enforcement and public education initiatives to prevent operating under the influence.

Impact of Cannabis

Operating a vehicle under the influence of any drug can impair coordination and judgment abilities. This can include reduced alertness, altered depth perception, impaired concentration and attention, slowed reaction time, and difficulties with motor skills and visual function. Driving under the influence of marijuana is not risk-free. Research demonstrates that it negatively impacts operating performance. Studies, including both simulated and on-road tests, have shown that marijuana use can:

• Reduce concentration and attention span.
• Slow reaction times.
• Distort the perception of time and distance.
• Increase variability in lane position, following distance, and speed.
• Impair a driver’s ability to react effectively to unexpected events, such as a pedestrian suddenly entering the roadway.

Combining with Liquor

Combining marijuana and liquor poses a heightened risk.

• Cannabis use alone increases fatal crashes fivefold.
• When combined with liquor, the risk of a fatal crash skyrocketed by fortyfold.

These findings underscore the extreme danger of operating a vehicle under the influence of both substances.

Impact on Drug-Driving Victims

Beyond physical injuries, these accidents inflict emotional trauma and impose substantial financial burdens that can last a lifetime.  

• Immediate costs, such as health bills, vehicle repairs, and lost wages, can quickly deplete savings and plunge families into debt.
• Long-term, the burden continues with expenses for ongoing medical care, rehabilitation therapies, and home modifications for disabilities.
• Financial strain can impact a victim’s recovery and quality of life, especially if the primary breadwinner is injured.
• Insurance coverage falls short, necessitating lengthy negotiations and legal battles to secure adequate compensation.
• Force difficult choices between basic needs and critical recovery expenses for financially struggling families.
• Survivors of serious accidents face a challenging journey to recovery. The rehabilitation process demands immense resilience and determination.
• Serious injuries may necessitate specialized equipment, such as wheelchairs or assistive devices, and long-term care services.

Laws and Penalties for Drug-Driving in Canada

Bill C-46, enacted in June 2018, introduced new federal laws and penalties related to drug-driving in Canada. The Criminal Code of Canada now includes three specific offences:

• 2 to less than 5 nanograms (ng) of THC per millilitre (ml) of blood.
• 5ng or more of THC per ml of blood.
• A blood alcohol concentration (BAC) of 50 milligrams (mg) or higher in combination with 2.5ng or more of THC per ml of blood.

These offences apply not only to THC but also to any detectable levels of other impairing drugs, including cocaine, methamphetamine, LSD, ketamine, and others. Provinces and territories have the power to create their own laws, including stricter penalties, in addition to the federal laws.

Penalties

Drug/Substance Level	Offence
2ng but <5ng THC	Max. $1000
>5ng THC	First: Min. $1000 Second: Min. of 30 days imprisonment Third and Subsequent: Min. 120 days imprisonment
50mg alcohol per 100mL + 2ng or more THC	First: Min. $1000 Second: Min. of 30 days imprisonment Third and Subsequent: Min. 120 days imprisonment

 

Drug-impaired Driving Without Death or Bodily Harm	Summary Conviction: 18 months Indiction: 5 years Imprisonment
Drug-impaired Driving Causing Bodily Harm	10 years imprisonment
Drug-impaired Driving Causing Death	Life Imprisonment

Role of Personal Injury Lawyers

An Edmonton car accident lawyer can also represent victims of accidents due to a drug or drunk driver. They support victims as they steer the complexities of the legal system for compensation.

Drug and Drunk-Driving Accident Victims

Your lawyer will take several key steps to help you recover the fair compensation you deserve:

• Thorough Investigation: Meticulously investigate the accident, gathering evidence to determine liability. This may involve obtaining the police report, interviewing witnesses, reviewing photographs, and hiring experts like accident reconstructionists. They will also diligently gather and analyze other relevant healthcare records to assess your injuries (minor or serious injuries), lost income, and future treatment needs.
• Expert Assistance: Engage expert witnesses such as medical professionals, functional ability evaluators, and forensic accountants.
• Pursuing a Settlement: Involve direct negotiations with the opposing party or participation in mediation. Settling out of court allows you to have some control over the outcome and avoid the uncertainties and delays of a lengthy trial.
• Litigation: Should a settlement prove unattainable, your experienced injury lawyer will lead you through the litigation process. This includes filing a Statement of Claim, participating in examinations for discovery, gathering further evidence, and preparing for trial.
• Personal Injury Claim Process: Skillfully negotiate with insurance companies to secure the financial recovery you deserve.

What Compensation You Deserve from a Motor Vehicle Collision

Operating a vehicle under the influence is a serious criminal offence and a grave danger to public safety. If you have suffered life-altering injuries due to a motor vehicle accident caused by an intoxicated driver, you may be entitled to compensation.

• Pain and Suffering: Physical and emotional trauma you have endured.
• Lost Wages: Compensate for income lost due to the accident.
• Loss of Earning Capacity: Account for future income loss.
• Loss of Housekeeping Capacity: Cover the costs of household services you can no longer perform.
• Loss of Consortium: Compensate family members for the loss of companionship and support.
• Attendant Care: Cover the costs of assistance with daily living activities.
• Rehabilitation Therapy: Cover the costs of physical, occupational, and psychological therapies.
• Future Medical Expenses: Cover the costs of ongoing medical treatment and medications.

 

Think Before You Drive

One Quora commenter said, “You have to drive for yourself and everyone else on the road.” Distracted driving due to the influence of drugs or alcohol is never acceptable and puts yourself and others at serious risk. Even being a passenger with an impaired driver can have devastating consequences. If you are a victim of catastrophic injuries or know someone, contact an experienced legal team to help you with your case. Sidhu Personal Injury Lawyers Edmonton can provide free consultation when you need one.