Truck Accidents Due to Drug and Alcohol Use
Driving while intoxicated or impaired by drugs is always a serious problem but can be catastrophic when a commercial truck is involved. Regular motor vehicles are no match for 18 wheelers, especially if the truck driver swerves or skids while driving.
If you or someone you love has been hurt in a wreck where the truck driver was intoxicated, you should immediately contact a truck accident lawyer. The personal injury attorneys at Henningsen Injury Attorneys are always available to represent you in Atlanta. We work hard to get the financial settlement you deserve. Our initial consultations are always complimentary.
Drug & Alcohol Abuse Among Truck Drivers
Studies indicate the high levels of stress among truck drivers can result in frequent drug and alcohol use. Additionally, both are easily accessible at gas stations and rest stops. Some drugs like cocaine and amphetamines can keep drivers awake during long drives, but they can also cause vertigo and hallucinations.
The Federal Motor Carrier Safety Administration notes that only one percent of truck drivers in the US tested positive during random drug and alcohol tests.
Potential Grounds for Liability
Your truck accident attorney will investigate your claim to see if the truck driver or trucking company is responsible for the accident in either of the following ways:
- Negligence: As a driver on the road, a trucker owes a duty of care to other drivers that share the road with them. They breach this duty of care if they get behind the wheel while drunk or impaired by drugs. The truck driver can be held responsible if they caused damage or injury because of their negligent behavior.
- Negligence per se: Truck drivers violate safety laws by drinking or doing drugs before driving. They are automatically negligent if they fail to obey a safety rule and injure someone as a result. As the victim, you don’t have to prove that the trucker was unsafe. Your truck accident lawyer can show that the driver was impaired and not being responsible.
Both premises allow you to create a case for damages against a reckless driver.
Gathering Evidence After a Drunk Driving Truck Accident
Truck accidents that happen because the truck driver is intoxicated can end with severe injuries to your spinal cord or brain. Victims of drunk drivers can fight for compensation for hefty medical bills, lost current and future wages, and other burdens. Truck accidents resulting from drug and alcohol use may also involve punitive damages, which punish the responsible party.
Your experienced personal injury team can investigate your truck accident claim to establish any possible substance abuse or drug and alcohol use history. We may request crash reports, medical records, breath tests, and additional evidence.
Holding Trucking Companies Accountable
There may be multiple parties responsible for a trucking accident that involves alcohol or drugs. Henningsen Injury Attorneys can go over your case and determine if other parties could be liable for covering the cost of your lost wages and medical bills.
Your truck accident lawyer can help identify and make a claim against the trucking company and any other responsible defendants.
Compensation for Your Accident
No matter if you are filing a personal injury lawsuit against the intoxicated truck driver or their employer, a professional truck accident attorney can work to collect your financial settlement to cover damages. These damages can include lost wages, medical bills, emotional distress, and pain and suffering. You may need to take time off work to focus on healing, and you shouldn’t be in a financial bind because of someone else’s mistakes.
You could also be entitled to punitive damages from drivers or employers whose reckless actions go beyond negligence. Suppose we can establish that extreme recklessness and complete disregard for the safety of others were the cause. In that case, you will likely be awarded punitive damages, which can be equal to several times the compensatory damages.
Contact Our Truck Accident Attorneys Today
All commercial truck drivers must be alcohol and drug-free. The Federal Motor Carrier Safety Administration created the Omnibus Transportation Employee Testing Act in 1991, requiring DOT agencies to test their employees for drugs and alcohol routinely. ,
Failing a drug and alcohol test or being arrested for a DUI means that the driver can no longer operate a commercial motor vehicle. Depending on the circumstances, the driver cannot drive anywhere from one year to life. We can help determine if they have a history of substance abuse but were allowed to continue operating.
At Henningsen Injury Attorneys, our truck accident lawyers in Atlanta have the experience, resources, and devotion to create a strong compensation claim. Call us right away if you or a family member were in a big rig accident caused by a drunk or impaired driver.
Contact us now; we are available 24 hours a day, 7 days a week.