If you or a relative were injured in an accident and believe the trucker was under the influence of drugs or alcohol, contact an experienced lawyer immediately to handle this truck accident. Our team at Lugar Injury Law is highly experienced and can investigate trucking accidents and uncover the underlying causes of accidents. We will gather and analyze the evidence to determine if the trucker was impaired at the time of the collision.
There is no excuse for truck drivers under the influence of drugs or alcohol. When we handle a drunk driving truck accident, we aggressively pursue the maximum compensation possible for your claim.
To discuss with us the process of pursuing compensation after a DUI truck accident, call (540) 384-0348 to schedule your free consultation.
Virginia Driving Under the Influence Law
Virginia prohibits intoxicated truckers under Virginia Code ?46.2-341.24. It is illegal for any person to drive or operate a commercial motor vehicle when they:
- Have a blood alcohol concentration (BAC) of 0.08% or higher;
- Are under the influence of alcohol;
- Are under the influence of a narcotic or other self-administered intoxicant;
- Are impaired due to a combination of drugs and alcohol; or
- Have a certain amount of cocaine, meth, PCP, or MDMA in their system.
It also is unlawful for a truck driver to operate a commercial vehicle with a BAC of 0.04% or higher. However, in Virginia, this is a lesser offense than a DUI involving a BAC at or above 0.08%.
Truck drivers under the influence do not necessarily have to be drunk with a high BAC. A trucker can be impaired/under the influence due to a controlled substance, prescription medication, or over-the-counter medication.
Truck Drivers and Impaired Driving
Unfortunately, substance abuse is not uncommon among truck drivers, like all other industries, truck drivers are just as vulnerable to addictive substances. Further, it is a challenging and solitary profession, and one that demands long hours and odd periods of rest. The difficulties of being a truck driver can influence some to use drugs to remain awake and alert or to ease the boredom.
No matter the truck driver?s underlying reason for abuse of substances, using controlled substances like cocaine or meth, prescription, alcohol, or misuse of OTC (over the counter) drugs is illegal and dangerous.
Though truckers may use drugs to try to stay awake and alert, these substances often have dangerous side effects. Instead of enabling the trucker to do their job well and for longer, the drugs can make the trucker erratic and agitated. At high doses or prolonged use, some drugs can harm the trucker?s concentration, perception, and reflexes.
Poor working conditions contribute to truck drivers drinking alcohol while they work. It does not take a great deal of alcohol to have a 0.04% BAC. At this level of impairment, truckers can already experience visual, physical, and cognitive impairments. Drunk truckers have impaired perception, less ability to process information quickly/ decreased nervous system reactivity, reduced coordination, and longer reaction times.
We Will Thoroughly Investigate the Truck Accident
When you or a relative are injured in a truck accident, you should work with an experienced attorney who can handle truck accidents such as Cerid Lugar. The purpose of retaining an attorney is to benefit from a thorough investigation into the accident. We are highly experienced in gathering and analyzing evidence to identify truck drivers under the influence of drugs or alcohol.
Our investigation will include reviewing:
- The police report;
- Whether a prosecutor charged the trucker with a DUI;
- The results of any breath, urine, or blood tests the police performed after the accident;
- The truck driver?s personal and professional driving records to determine if they were ever arrested and charged with a DUI in the past;
- The results of a trucking company?s random drug tests;
- Video of the trucker?s driving leading up to the accident;
- Eyewitness testimony about the truck driver?s behavior following the accident;
- Eyewitness testimony about the truck driver?s maneuvers leading up to the accident; and
- The truck?s electronic data stored in its ?black box.?
When we find evidence of the truck driver?s alcohol, or drug, related impairment, we will use this to demand that you receive full and fair compensation. Our focus may be on winning you an insurance settlement, but we are not afraid to take your case to trial.
Who is Responsible for Accidents Caused by Truck Drivers Under the Influence?
The truck driver is responsible for their impairment. A trucker is well aware of the laws against using drugs, drinking alcohol, or abusing their prescription medication while driving. They also are aware that driving impaired significantly increases the risk of causing an accident because of their inability to operate the truck skillfully, carefully, and safely.
In addition to filing a claim against the truck driver, you may have the right to pursue compensation from the trucking company. We will review whether a company employed the truck driver at the time of the accident. Businesses are typically responsible for their employees? actions while their employees are on duty.
Also, a trucking company may be liable based on negligent hiring or retention of the trucker. If the truck driver had a recent history of impaired driving when they applied, they might not have been an appropriate hire. We also may discover the trucking company covered up failed drug tests and instances of drunk driving by the trucker.
Following an accident caused by a truck driver under the influence, we will demand a fair settlement from the truck driver and trucking company?s insurance providers. However, we are not afraid to take your case to trial when necessary.
Compensation After a DUI Truck Accident
When you are injured because of a truck driver under the influence of drugs, alcohol, or both, you may be entitled to compensation for your:
- Past and Future Medical Expenses/li>
- Lost Wages
- Physical Pain and Suffering
- Emotional Distress
- Scarring and Disfigurement
- Lost Earning Capacity
- Reduced Quality of Life
Contact an Experienced Attorney to Assist with Your Truck Accident Today
There is never any reason why anyone on the road should be hurt by truck drivers under the influence. There is no valid reason for truck drivers to drink alcohol while working, abuse prescription medications, or use controlled substances. Driving while impaired due to drugs or alcohol is illegal and incredibly dangerous. Your accident and injuries may be an example of just how dangerous.
Following a truck accident, we recommend retaining an experienced attorney who will thoroughly investigate the accident and identify the underlying cause. Your lawyer may find evidence that the trucker was impaired and responsible for the collision.
To discuss how you can learn if the trucker was driving under the influence of drugs or alcohol, call (540) 384-0348 and schedule an initial consultation.