Truck accidents caused by intoxicated truckers can result in catastrophic injuries and deaths. Although truckers are held to higher standards than other drivers under state and federal rules and regulations, a DUI truck accident is not uncommon in California.
At J&Y Law, we believe that truck drivers who operate their vehicles under the influence of drugs or alcohol must be held accountable. If you or a loved one has been seriously injured in a DUI truck accident, we will fight for your right to just compensation. Please contact our office today for a free consultation. When you become our client, you will not pay any attorneys’ fees until we recover for you.
Federal Trucking Regulations and California DUI Truck Accidents
The Federal Motor Carrier Safety Administration (FMCSA) imposes stricter regulations on commercial truck drivers regarding alcohol and drug testing than other motorists. First, the blood alcohol concentration (BAC) limit for commercial truck drivers is 0.04, far lower than the 0.08 BAC limit for drivers of passenger vehicles under California law.
Also, FMCSA regulations require trucking companies to periodically test their drivers for drug or alcohol abuse. The FMCSA also has particular hours of service regulations detailing the amount of rest truck drivers must have between shifts and before a driving shift begins. Despite these restrictions and requirements, some drivers may operate their vehicles after consuming drugs and/or alcohol.
Because truck drivers are under strict delivery deadlines and cover long distances, some may use stimulants to stay awake and then abuse alcohol to wind down after a long shift. FMCSA regulations prohibit truck drivers from consuming any drugs or alcohol eight hours before a shift, however. In any event, truck drivers can be held liable for DUI truck accidents that result in personal injuries and wrongful death.
Holding a Truck Driver Liable
After a commercial truck accident in California, law enforcement will investigate the accident scene, interview all involved drivers, passengers, and witnesses, and determine whether the truck driver was under the influence of drugs or alcohol. This may include administering a breathalyzer or field sobriety test, which may lead to the trucker’s arrest and a DUI charge.
At J&Y, we have the skills and resources to conduct our comprehensive investigation and will rely on the police report as valuable evidence in your DUI truck accident claim. Our legal team will work to hold the truck driver liable and help you obtain the compensation you deserve. We will also determine whether other negligent parties are responsible for your injuries, including the trucking company.
When is a trucking company liable?
Trucking companies are required to vet new drivers, give their drivers random drug and alcohol tests, and address those who have been charged with DUI offenses. A trucking company that fails to conduct these tests or allows a driver with a history of DUIs to operate a vehicle can be held liable for injuries resulting from a DUI truck accident.
Our truck accident attorney will obtain and review a copy of the truck driver’s personnel file and any other relevant evidence to hold the trucking company accountable. At J&Y, we have the skills and experience to win you substantial compensation, inside or outside of the courtroom.
Damages You Can Recover in a California DUI Truck Accident
Given the size and weight of a typical commercial truck, a DUI truck accident can result in catastrophic injuries. If you were seriously injured due to a commercial truck driver operating under the influence of drugs or alcohol, you have a right to pursue significant compensation, including:
- Medical bills
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Loss of enjoyment of life
- Permanent disability
- Emotional harm
If a loved one died in a DUI truck accident, you can obtain justice through a wrongful death lawsuit. In both cases, you may also be awarded punitive damages, which are designed to punish the responsible party and deter others from engaging in such misconduct.
Contact an Experienced California DUI Truck Accident Attorney
If you or a loved one has been injured in a DUI truck accident, turn to J&Y Law. We understand your concerns about your loss of income and mounting medical expenses and will provide you with aggressive representation and caring efficient service.
Our legal team will handle all the details of your claim, including all court filings and dealings with the insurance company. We are committed to helping you obtain the maximum compensation you deserve. While some truck accident claims can be resolved through negotiated settlements, trucking companies and their insurers rely on their investigators and powerful teams of attorneys to defeat claims.
At J&Y, we have the knowledge and resources to level the playing field and will fight for every dollar you deserve. If the insurance company refuses to honor your claim, we are fully prepared to litigate. Above all, we will work tirelessly to protect your rights, well-being, and financial future. Please contact our office today so we can get started on your DUI truck accident claim.