Can I Sue If the Driver Who Hit Me Was High, Not Drunk? | CO

 Posted on June 11, 2026 in Car Accident

Colorado allows adults age 21 and older to buy and use recreational marijuana, but legal use does not mean it's safe to use behind the wheel. A National Highway Traffic Safety Administration study of trauma center patients found that roughly one in four drivers involved in serious injury and fatal crashes tested positive for cannabinoids during 2020. 

A positive test does not always mean a driver was impaired at the moment of the crash, but it shows how often marijuana use turns up among drivers who are sharing the road with you and are involved in crashes serious enough to leave victims with lasting injuries.

If you were hurt in a car accident in 2026 because the other driver was high, an experienced Fort Collins, CO car accident lawyer can review your case and explain your legal options.

What Does Colorado Law Say About Driving While High?

Colorado prohibits driving while impaired by marijuana just as it prohibits driving while impaired by alcohol. Under C.R.S. § 42-4-1301, if a driver's blood contains five nanograms or more of delta-9 THC per milliliter of whole blood, that fact allows prosecutors to assume that the driver was under the influence of drugs. This standard also applies to medical marijuana users, since THC affects driving skills, no matter why someone uses it. 

Some people feel the effects of marijuana with even less THC in their system. A driver can still be charged and convicted based on other evidence of impairment even if the driver's THC level is below five nanograms. 

A driver who is high can face criminal DUI charges. That criminal case moves through a different court than your personal injury claim. You can still pursue compensation for your crash while the criminal case against the driver is ongoing.

How Does Marijuana Use Affect a Driver's Ability to Stay Safe on the Road?

Many people assume that marijuana makes someone a calmer, more careful driver. Research from the National Highway Traffic Safety Administration shows the opposite. THC can cause:

• Slower reaction times

• Blurred or tunnel vision

• Trouble judging speed and distance

• Poor coordination

• Difficulty focusing on the road

• Mood swings that affect decision-making

A driver who is high often takes longer to notice changing road conditions, and by the time the driver reacts, a crash may be unavoidable. 

Can a DUI Charge Affect My Personal Injury Case in Colorado?

If the other driver was charged with DUI for being high, that charge could affect the compensation available in your personal injury case. Colorado law allows additional compensation, called exemplary damages, when a driver acts with reckless disregard for others' safety. Exemplary damages are an additional amount of money on top of your regular compensation, meant to punish a driver for especially harmful conduct.

Under C.R.S. § 13-21-102, a court can award exemplary damages equal to the amount of your other damages when a driver's actions show willful and wanton conduct. Driving while high on marijuana, especially after a prior DUI, can support this kind of claim. A police report, toxicology results, or a criminal conviction can all serve as evidence that the driver knew the risk and chose to drive anyway.

Even if you were partly at fault for the crash, Colorado's fault rules may still allow you to recover compensation. Not every marijuana-related crash will qualify, but exemplary damages are based on the other driver's conduct, not yours. 

What Compensation Can I Recover After a Marijuana-Related Car Accident?

Car accidents caused by impaired drivers can result in a wide range of injuries, from broken bones and head injuries to whiplash and damage from airbags or seat belts. Your losses might include medical bills, lost income, vehicle repairs, and pain and suffering.

These damages cover the actual costs and hardships caused by the crash. They are separate from the exemplary damages described above, which only apply when the driver's conduct was especially reckless. An experienced attorney can review your medical records, bills, and other losses to calculate a fair total for your claim.

What Evidence Can Show the Driver Was High at the Time of the Crash?

Proving marijuana impairment is harder than proving alcohol impairment, since there is no roadside breath test for THC. Investigators rely on a mix of evidence, including:

• Field sobriety test results

• Observations from a drug recognition expert, an officer trained to spot signs of drug impairment

• Blood test results showing THC levels

• Statements from witnesses about the driver's behavior

• Dashcam or traffic camera footage

• Marijuana, paraphernalia, or open containers found in the vehicle

A blood draw is often the most important piece of evidence, but THC levels drop quickly after use. If the draw happened hours after the crash, the results may not reflect how impaired the driver was at the moment of impact. 

Schedule a Free Consultation With a Fort Collins, CO Car Accident Lawyer

If a driver who was high on marijuana caused your crash, you have the right to hold that driver accountable for your injuries. The attorneys at Hoggatt Law Office, P.C. are ready to review your case, explain your rights, and pursue full compensation on your behalf. Attorney Hoggatt's membership in the Colorado Trial Lawyers Association and the Workers' Compensation Education Association reflects our firm's broader commitment to standing up for injured people across the state. 

Call 970-225-2190 today to schedule a free consultation with our Larimer County, CO motor vehicle collision attorneys.

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