Drunk Driving Truck Accident Claims
Zero Tolerance for Commercial Drivers in California
Under federal law, there is zero tolerance for drinking and driving when the driver is behind the wheel of a commercial vehicle for a very good reason. Large trucks are capable of creating a wide swath of destruction when they go out of control. Even a minor amount of alcohol can change a truck operator’s perception and slow reaction time which could make the difference between avoiding a collision and causing a catastrophe.
Like motorists, truck drivers can get drunk before slipping behind the wheel. Truck drivers can turn to alcohol or drugs to get them through long shifts through the night. When this occurs, an 80,000-pound vehicle can quickly become a weapon in the hands of these drivers.
Companies that employ drivers have a strict responsibility to adhere to the pertinent laws and to do everything possible to ensure that their drivers are not endangering other motorists. Truck drivers are expected to remain sober and attentive while driving-if they fail in this duty, they can have their Commercial Driver’s License (CDL) taken away from them and can lose their job.
If you suspect that your truck accident was caused by drunk driving you need a truck accident attorney with decades of experience in advocating for clients rights. Contact our firm today!
What the Federal Motor Carrier Safety Administration Requires
The Federal Motor Carrier Safety Administration states that safety-sensitive functions cannot be carried out while using alcohol, while having a BAC level of 0.04% or after having consumed alcohol four hours before a shift. Federal law is very clear that a truck driver is not to “use alcohol, be under the influence of alcohol, or have any measured alcohol concentration or detected presence of alcohol, while on duty.”
Before a driver obtains a CDL, they must pass drug and alcohol testing on a consistent basis. Carriers must comply with all federal drug and alcohol testing protocols. When a truck driver is involved in an accident, he must submit to an alcohol test. Required alcohol tests include post-accident, reasonable suspicion, random, and return to duty/follow-up.
When it comes to drugs, The U.S. Department of Transportation and Federal Motor Carrier Safety Administration require testing for the following substances:
- Marijuana
- Cocaine
- Opiates
- Amphetamines
- Phencyclidine
Fight for compensation today!
If you were involved in an accident that was caused by a drunk truck driver, not only can that individual be held responsible, you can usually hold the trucking company responsible as well.
You are going up against difficult odds, however. In order to preserve their own hide, truck drivers will often insist they weren’t driving in a negligent manner and if enough evidence isn’t gathered, your claim will be denied. Likewise, a truck company will want to offer you as small of a settlement as possible- but if negligence was involved, you are entitled to a fair share of damages! Besides receiving damages for medical bills, lost wages, pain and suffering – you might also be entitled to punitive damages.
Contact an Experienced Personal Injury Attorney
To wade through these challenges, you need a legal advocate on your side, representing your rights! A personal injury attorney can help you examine photographs and videos of the truck driver, review the breathalyzer results and field sobriety tests from the scene, question the truck driver and question witnesses who observed the accident.
A San Francisco truck accident lawyer at our firm is committed to holding a drunk driver accountable and to exposing any employer negligence which may have contributed to the accident. If you have been injured in a trucking accident, you should get legal advice about protecting your rights as soon as possible.
The legal team at The Matiasic Firm has years of experience in ensuring full damages are recovered on behalf of our clients. If your case cannot be settled through negotiation we will not hesitate to litigate your claim for compensation. Let us help you build the strongest case possible so that you can claim the maximum amount of compensation possible!
Contact The Matiasic Firm today if you need an expert to assess the validity of your case. After reviewing the details of your claim, if we believe that the necessary grounds have been established, we would be more than happy to help you fight for a settlement, or take your case to court if need be.
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