An impaired driver in a passenger vehicle is dangerous. An impaired driver operating a massive tractor-trailer is a catastrophe waiting to happen. Alcohol and drugs impair a driver’s ability to react to hazards, make sound decisions, and judge important factors such as following distance and lane positioning. If you were involved in a truck accident caused by a drunk or drugged driver, you have the right to take legal action.
What Substances Can Affect a Truck Driver’s Performance?
Truck drivers spend their days hauling thousands of pounds of freight through heavy traffic, inclement weather, and varied road conditions. Their job requires them to stay alert and respond quickly.
Multiple substances can impair these abilities, including:
- Alcohol
- Methamphetamine, cocaine, and other stimulants
- Marijuana, regardless of state legalization
- Opioid pain medication
- Benzodiazepines and prescription sleep aids
- Muscle relaxers
- Over-the-counter sleep medication and antihistamines
- Cold and allergy remedies that cause drowsiness
Impaired Driving Laws That Affect Commercial Truck Drivers
Because commercial vehicles are large and require specialized skills to operate, their drivers are held to stricter standards for drugs and alcohol. Federal regulation 49 CFR § 382.201 prohibits operating a commercial motor vehicle with a blood alcohol concentration of 0.04 or higher, half the 0.08 limit that applies to ordinary motorists. Under 49 CFR § 392.4, truckers cannot drive under the influence of any substance that renders them unable to safely operate the vehicle.
Trucking carriers are also required to test their drivers for alcohol and controlled substances. Under 49 CFR Part 382, every employer must conduct pre-employment, random, post-accident, and reasonable-suspicion testing. If a driver is involved in an accident that leads to a fatality or an injury that requires medical attention at the scene, carriers must administer drug and alcohol tests under 49 CFR § 382.303.
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Taking Action When a Drunk or Drugged Trucker Causes an Accident
When a drunk or drugged truck driver causes an accident, the consequences can be catastrophic: severe or fatal injuries, thousands of dollars in damage, and lasting trauma and grief. Victims of these collisions have the right to take legal action against the truck driver and the company that put the driver behind the wheel.
Generally, these accidents involve two types of cases. The state files criminal charges against the driver and seeks punishment for breaking the law, typically fines, license disqualification, probation, or jail time. As a truck accident victim, you don’t control whether the state files these charges, what the driver is charged with, or how the case is resolved.
A civil lawsuit allows you to seek financial compensation for how the crash has affected you or your family. These personal injury claims in Kansas City provide a monetary award for your medical expenses, lost wages, property damage, and pain and suffering. Impaired driving accidents can also open the door to punitive damages, which are awarded in cases that involve conduct far beyond ordinary carelessness.
Speak with an Attorney About Holding an Impaired Trucker Accountable
When a drunk or drugged driver’s carelessness upends your life, a drunk driving accident lawyer at Dollar, Burns, Becker & Hershewe will fight for you. From securing the driver’s post-accident toxicology results and the carrier’s testing records to pulling the electronic control module data before the truck goes back into service, our attorneys will build a case that clearly proves the driver’s impairment and your right to compensation. Schedule your free consultation today and let’s start building your case.