Marijuna and the drivers liability
Can I file claims/or sue a person for damages/personal injury if he was not written a citation for DUI, because his BAC was 0.0 but his Joint was plainly visible after he collided with my car. My wife and I sustained lacerations with with no broken bones. The accused was arrested for posession of an illegal substance, this guy ran a stop and a yield to hit us. What are the options; the only difference I see between this and a wrongful death case is that God blessed us with another day to live. I would like to see his priveledges taken away, since this probable won't happen, is it possible to make him feel it were it seems to often matter most$$$$$.
1 Answer from Attorneys
Re: Marijuna and the drivers liability
Yes, regardless of the drug possession/use, it sounds like he was at fault. The drugs just add another dimension to it. Did he have insurance? Without it, you are unlikely to recover much from him but his license could be suspended if he has no insurance and he fails to compensate you for your losses. You should probably consult with an attorney directly to discuss some of the details of the case and get a realistic assessment of the possibilities.