Driving Under the Influence Truck Accident Victims

The Federal Motor Carrier Safety Administration (FMCSA), local law enforcement, and other parties have long recognized that truck drivers who share the road with drivers in much smaller vehicles cannot be under the influence of drugs and alcohol. There are many federal-level rules that impose strict penalties on truck drivers who operate their vehicles under the influence of drugs or alcohol and random testing to get unsafe drivers off the roads. Unfortunately, each year DWI accidents involving trucks claim lives and cause life-changing injuries.

If you have been injured in a traffic accident, contact The Law Office of Mark A. Siesel for a free consultation. With almost 40 years of experience, attorney Mark A. Siesel has helped countless accident victims recover compensation and move forward after life-changing collisions.

Why Impaired Truck Drivers Are Especially Dangerous

Commercial drivers may face DWI (Driving While Intoxicated) charges if they have ablood alcohol concentration (BAC) of 0.04% or higher. This is a stricter limit than that placed on non-commercial drivers, in part because impaired commercial truck drivers are more dangerous on the road. A fully loaded tractor-trailer can weigh up to 80,000 pounds. When a driver loses control of that vehicle because the driver is impaired by alcohol or drugs, the results can be devastating.

A large commercial truck operated by an impaired driver can crash into structures and buildings. A commercial truck accident involving an impaired truck driver can involve more serious injuries than other truck accidents, because the driver may be too impaired to try to slow down or evade impact. In some cases, these collisions lead to chain-reaction accidents involving multiple vehicles.

Why Is DWI a Problem in the Trucking Industry?

The consequences for drinking and then driving a big rig or other commercial vehicle are severe. Drivers can lose their Commercial Driver’s License (CDL), can face criminal charges and even civil penalties if they cause an accident causing harm. Despite this, estimates suggest that about 1% of commercial truck drivers are under the influence on the job. This is over 100,000 drivers across the country, and this statistic only takes alcohol into consideration. It does not account for illegal drugs and medications which can also affect driving safety.

Despite the risks to truck drivers and other users of our roads, many commercial drivers still drive impaired. Some possible reasons for this include:

• Stress. Truck drivers spend a long time on the road, in relative isolation, and this can add to stress levels. This can result in some drivers choosing to consume alcohol and other substances to deal with mental health challenges.
• Pressure. Many companies place pressure on drivers to make as many deliveries as possible in short periods of time. Although there are federal guidelines that require truck drivers to take rest time, some drivers may feel pressure to ignore those rules. In that case, they may take drugs to stay awake and medication to sleep, both of which can impact driving ability.
• Uneven enforcement. Not all drivers are apprehended when they drive under the influence of alcohol or drugs, and this can mean they keep driving unsafely, increasing the chances of an accident.
• Medical conditions. Truck drivers spend a lot of time sedentary, and this can put them at greater risk of many conditions, including obesity, sleep apnea, high blood pressure, type 2 diabetes, and other illnesses that may require medication. Both prescription medication and over-the-counter medication can have side effects that affect driving, and it is the driver’s responsibility to make sure that any medication taken is safe on the job.

Determining Liability in DWI Truck Accidents

Establishing who is responsible for a DWI-related truck crash requires a thorough investigation. While the impaired driver is clearly at fault, there may be multiple factors that led to the accident, and liability may extend to:

• The trucking company, if it failed to properly screen, train, or supervise the driver.
• The employer, if different than the trucking company and if the employer ignored red flags in the driver’s record or pressured them to drive beyond legal hours.
• A third-party maintenance provider, if poor vehicle upkeep contributed to the crash.
• A third-party manufacturer, if the crash was caused in part by faulty truck components.
• A bar or restaurant, under New York’s Dram Shop laws, if they served alcohol to an already intoxicated driver.

Our firm reviews police reports, toxicology results, driver logs, company safety records, driver records, and black box data to build a comprehensive case. We also work with accident reconstruction and medical experts to show how the crash occurred and how it changed your life.

If you have a claim, you may be able to pursue compensation for:

• Pain and suffering.
• Past and future medical expenses.
• Past and future earnings and loss of earning capacity.
• Vehicle rental, property damage, and incidental expenses.

How much you may be able to seek will depend on the extent of your damages and the details of the crash.

Waiting Can Hurt Your Claim

The sooner you contact an attorney after a truck accident, the stronger your case will likely be. Evidence can disappear quickly. And trucking companies and their insurers act fast to limit their exposure. Insurers and truck companies can challenge BAC test results, field sobriety tests, and other evidence. Working with an attorney ensures you can preserve crucial evidence and can push back against attempts to limit the driver’s wrongdoing.

Delaying your claim can also affect your ability to recover damages under New York’s statute of limitations, which typically allows three years to file a personal injury lawsuit. However, certain circumstances can shorten that deadline, and you will need to report the accident and file the insurance claim much sooner. Missing any deadlines could cause you to lose out on compensation you deserve. Consult with The Law Office of Mark A. Siesel immediately following your collision. It costs you nothing and helps you understand what next steps you need to take.

At The Law Office of Mark A. Siesel, we take pride in building genuine relationships with our clients, and our clients often stay in touch long after cases conclude. Our team returns calls and emails within 24 business hours, and many clients remain personal friends with Mark A. Siesel years later. That level of dedication is what defines our practice and what sets us apart.

For almost 40 years, Mark A. Siesel has represented victims of motor vehicle accidents, DWI-related crashes, brain injuries, premises liability claims, and other serious injury claims. If you or someone you love has been injured by an impaired or intoxicated truck driver, schedule a free consultation to discuss your potential case. We’re pleased to be able to offer services in both English and Spanish.