Driving any motor vehicle after drinking or consuming drugs is highly hazardous. However, a truck operator controls a massive vehicle, and has an even higher burden of ensuring safe operation to keep themselves and other motorists safe. When truck drivers consume alcohol on the job, an accident can have devastating consequences for everyone involved.
If you or someone you love was in a collision caused by an intoxicated trucker, civil laws could entitle you to compensation through an injury claim. A knowledgeable truck wreck attorney at Smith Hulsey Law could evaluate your case and guide you through the claims process. Schedule a consultation today to learn more about your legal options regarding drunk driving truck accidents in Gainesville.
For passenger car drivers, the legal blood alcohol content (BAC) limit is 0.08 percent. However, because large trucks can cause catastrophic damage, regulations are stricter for commercial tractor-trailer drivers. Any trucker operating a commercial vehicle with a BAC of 0.04 percent or more is guilty of driving under the influence. Decreased BAC limits are vital to ensure that intoxicated truck drivers do not present additional hazards on roads and interstates.
When a truck driver consumes drugs or alcohol, the results can be catastrophic. When a drunk driving truck wreck occurs in Gainesville, and there is evidence the company failed to follow regulations, the injured party could have grounds to collect a settlement from the trucker and company that employs them. A compassionate attorney is available to guide potential plaintiffs and their loved ones through every step of the injury claim process.
Under Federal Motor Carrier Safety Administration, Department of Transportation § 383.37, when truckers fail an alcohol test or face a DUI conviction, the employer must forbid the driver from operating a commercial truck for a minimum of one year. The term of suspension will depend on the circumstances of the case and the violations the driver received. Convicted truckers might face lifelong revocation of their commercial license.
The federal government and the Department of Transportation require companies employing commercial truck drivers to follow drug and alcohol testing regulations. According to the Federal Motor Carrier Safety Administration FMCSA, employers must adhere to federal laws regarding how these procedures are performed, the frequency at which they occur, and the types of substances for which they test truck drivers.
If a company knows a driver is under the influence of substances, they must prohibit the trucker from operating their vehicles immediately. Under Federal Motor Carrier Safety Administration, Department of Transportation § 382.107, “actual knowledge” of a driver’s intoxication means the employer has reason to suspect or know the commercial driver used substances or alcohol. This evidence may include the employer observing the driver ingest a substance, the operator admitting they consumed alcohol before driving, or the findings of a routine traffic stop.
A company that fails to ensure their drivers are sober behind the wheel could face civil and criminal penalties should an accident occur. A Gainesville lawyer who has experience handling drunk driving truck crashes could request records to determine if there were violations that could make a parent company liable for a plaintiff’s losses.
Commercial truck collisions can have catastrophic ramifications regardless of their cause, and safety should be the primary concern for all truck drivers. Driver negligence, such as drunk driving, is entirely avoidable. Anyone responsible for causing injuries and damage because of their reckless actions should be held accountable.
When a negligent trucker causes an accident where you or a loved one suffer losses, you could be eligible for compensation. Reach out to a hard-working lawyer at Smith Hulsey Law after a drunk driving truck accident in Gainesville.
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