When a truck driver gets behind the wheel under the influence of drugs or alcohol, the consequences can be catastrophic. Due to the size and weight of commercial trucks, a single DUI-related incident can lead to severe injuries, multiple vehicle collisions, and even fatalities. If you’ve been involved in an accident caused by an impaired truck driver, it’s important to understand your legal rights and options for seeking compensation.
DUI in Commercial Trucking: A Serious Violation
Commercial drivers are held to a higher standard than regular drivers. While the legal blood alcohol concentration (BAC) limit for most drivers is 0.08%, for commercial drivers it is 0.04% under federal law. Additionally, commercial drivers are prohibited from using drugs or controlled substances that could impair their ability to operate a vehicle safely.
If a truck driver is found to be under the influence, they may face:
Immediate license suspension
Criminal charges
Job termination
Permanent disqualification from driving commercially
How DUI Affects Liability in a Truck Accident
If a truck driver causes an accident while under the influence, it significantly strengthens the victim’s case. DUI is a form of gross negligence, which means the driver acted with extreme disregard for the safety of others.
In most cases, liability may fall on more than just the driver:
1. The Truck Driver
The driver is directly responsible for their actions. Driving under the influence makes them clearly negligent in the eyes of the law.
2. The Trucking Company
The employer may also be held liable if they failed to properly screen, train, or monitor their drivers. For example, if the company ignored past DUI offenses or failed to conduct required drug and alcohol testing, they may share responsibility.
3. Other Third Parties
In some cases, a third-party contractor or truck accident attorney maintenance provider could also bear some blame if equipment failure contributed to the accident.
Your Right to Compensation
Victims of DUI truck accidents are entitled to full compensation for their losses. This may include:
Medical expenses (current and future)
Lost wages and loss of future earnings
Property damage
Pain and suffering
Emotional distress
Punitive damages (in cases of extreme negligence)
Punitive damages are especially likely in DUI cases because the behavior is considered reckless and dangerous.
Proving the Truck Driver Was Under the Influence
To pursue a successful claim, your legal team will gather evidence to prove the driver was impaired at the time of the accident. Common forms of evidence include:
Police reports and arrest records
Breathalyzer or toxicology test results
Dashcam or surveillance footage
Eyewitness statements
Trucking company drug test records
The driver’s employment and driving history
An experienced truck accident attorney will know how to access this information and use it to strengthen your case.
What to Do After a DUI Truck Accident
If you or a loved one is injured in a truck accident involving a suspected DUI, it’s crucial to act quickly:
Call 911 and seek immediate medical attention.
Get a copy of the police report and any DUI-related findings.
Document the accident scene, if safe to do so.
Consult a truck accident attorney experienced in DUI cases.
Avoid speaking to insurance companies without legal representation.
The sooner you begin the legal process, the better your chances of recovering maximum compensation.
Conclusion
Truck drivers who operate their vehicles under the influence endanger everyone on the road. If you’ve been the victim of such reckless behavior, know that you have strong legal rights. A knowledgeable attorney can help you prove liability, hold all responsible parties accountable, and fight for the justice and compensation you deserve.