Understanding Traffic Accident Settlement Agreements
Driving under the influence of drugs is one of the leading causes of traffic accidents in America. Cannabis is one of the most commonly cited drugs involved in motor vehicle accidents, and medical examiners have expressed concern that marijuana-impaired driving may be underreported. However, it has been difficult to gain accurate statistics due to differences between state laws, which can create confusion about whether marijuana use has been involved when assessing blame. Additionally, impaired drivers who have been involved in accidents may not openly admit to drug use. In this context, comprehensive traffic accident settlement agreements are therefore complex.
A traffic accident settlement agreement is essentially a legally binding contract between two or more parties with property damage or personal injury claims, which resolves all claims arising out of the auto accident. These agreements may be negotiated between a person injured in an accident and the driver of the vehicle that caused the accident, or between the person injured and the at-fault driver’s insurance company. In either case, prospective claimants often meet with an attorney who has reviewed the facts of their traffic crash case, and the attorney then works to negotiate a settlement agreement that is in the best interests of their client.
In deciding the monetary amount of a traffic accident settlement agreement, assertions made by officers at the accident scene, including if it is believed that the other driver was under the influence of cannabis or other drugs, the location of the accident, and the damage to all vehicles may all be considered. When a crash results in injuries, the injured person must also provide evidence of his or her injury when negotiating a traffic accident settlement agreement. This can include providing medical records or other documentation showing that the claimant was treated for an injury after the crash, as well as demonstrating how the crash caused the injury.
Driving under the influence has long been illegal in all fifty states, but whether cannabis use can contribute to traffic crash-related liability remains a matter of debate. Chronic cannabis users may not exhibit noticeable impairment that would make someone readily believe the user was under the influence. There have also been no consensus agreement establishing which level of cannabis impairment should be used as the threshold for determining liability in a traffic crash.
In general, there are two ways cannabis impairment can be cited in traffic crash settlement agreements. First, settlements can be announced publicly so that the other driver involved in a crash can be found liable even if he or she was not directly responsible for causing the accident. Secondly, these agreements are common means of protecting both users and non-users by paying for the damages caused by a vehicle that may have been driven in part under the influence of cannabis. Because cannabis remains a legal substance, if it can be shown that its use caused an accident, a settlement agreement can be entered into during which the driver accepts responsibility, which may help to ensure that other drivers share equal liability.
In addition to lacking consistency between states, claims related to cannabis impairment are often subject to changing views by federal courts and judges. Often, courts enter the settlement agreement due to rulings made by judges, which can place cannabis-related settlements in a legally gray area. However, in many instances, the party injured in traffic crash settlement negotiations can point to the existence of a settlement as evidence of the judge’s opinion. Thus, understanding how these agreements can operate can shed new light on the normally obscure world of traffic accident-related law, especially as it relates to cannabis.
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