One of the central arguments of the movement to decriminalize cannabis is that it is no more dangerous than other substances that are acceptable for medical use, and even some that are not controlled substances at all. Tobacco smoking shortens life expectancy and increases the risk of cardiovascular disease, lung disease, and many types of cancer. The health risks of alcohol are similar, and alcohol has the added risk of causing short-term impairment.
No one ever caused a fatal accident because they had been smoking cigarettes before driving, but alcohol is a contributing factor in about a third of fatal car accidents. Most of the deadliest drugs, including prescription opioids, amphetamines, and cocaine, are Schedule II controlled substances, which means that, even though they carry a risk of overdose and other adverse events if misused, they also have legitimate medical uses. Cannabis, which is a Schedule I controlled substance at the federal level, has never caused a fatal overdose. When it comes to driving, though, cannabis is just as dangerous as alcohol and prescription narcotics. If you have suffered injuries arising from a car accident where the at-fault driver was under the influence of cannabis, contact a Santa Fe car accident lawyer.
Driver Admits to Smoking Cannabis Shortly Before Fatal Accident
On August 20, 2024, Miguel Chavez was driving on Paseo del Norte; his coworker, Ernesto Arreola, was a passenger in the car. After exiting Paseo del Norte, Chavez was speeding, but he was apparently unaware of his surroundings, as he fell asleep at the wheel. Eventually, he ran a red light and crashed into a pole. His car flipped over and eventually struck three other vehicles. Arreola was pronounced dead shortly after the accident. He was 49 years old. Chavez and the occupants of the other three vehicles sustained only minor injuries.
Chavez, 20, was arrested on suspicion of DWI and vehicular manslaughter. He admitted that he had smoked marijuana earlier that day. He pleaded not guilty to the charges. The judge ordered him to remain in jail until his trial. After August 2024, news reports did not publish any updates about the criminal case against Chavez.
Regardless of whether Chavez gets convicted and regardless of the criminal penalties he faces, if any, Arreola’s surviving relatives have the right to file a wrongful death lawsuit against Chavez and any other parties that their lawyers determine might be legally responsible for contributing to the accident. A conviction in a criminal case almost always means a ruling in favor of the plaintiff in a civil lawsuit against the same defendant and arising from the same incident. In this case, if someone else provided cannabis to Chavez just before the accident, that party might bear some of the responsibility for the accident.
Contact Slate Stern About Car Accident Lawsuits
Slate Stern is a personal injury lawyer who represents plaintiffs injured in car accidents involving a drugged driver in New Mexico. Contact Slate Stern in Santa Fe, New Mexico, or call (505)814-1517 to discuss your case.
Sources
https://www.krqe.com/news/crime/driver-arrested-for-deadly-crash-in-northwest-albuquerque
Photo by Erik Witsoe on Unsplash