Truck Accidents Caused by Alcohol or Drugs

Driving under the influence of drugs or alcohol is extremely risky behavior for any driver, and the risks are only worsened when the impaired driver is behind the wheel of a truck. Strict regulations and testing are in place for commercial truck drivers, and impaired driving remains less common than other types of truck accidents. Even though there are risks that more commonly lead to accidents, intoxicated drivers cause hundreds of accidents a year according to the Federal Motor Carrier Safety Administration.

If you suffer at the hands of an intoxicated truck driver, you are likely entitled to compensation. Truck drivers who work with commercial vehicles have a heightened level of liability when it comes to intoxicated driving. While ordinary drivers are subject to a .08% BAC, the Federal Motor Carrier Safety Administration imposes a .04% threshold for commercial drivers. If they register over the limit, they can be prosecuted for an OUI in Massachusetts. In addition to the traditional BAC limit, truck drivers must adhere to other restrictions. For example, truck drivers may not consume any alcohol within four hours of operating a motor vehicle. They are prohibited from having any measurable alcohol content while on duty as well, even if they do not reach the criminal threshold. Drivers who violate these provisions are forbidden from driving for 24 hours, and if they register over the .04% BAC limit will lose their commercial license for one year for a first offense.

Drugs are more difficult to monitor when it comes to intoxicated driving. While breathalyzer tests can easily register alcohol, immediate testing for drugs is still in the process of being developed. Companies drug test throughout the job application process and randomly throughout the driver’s tenure. Additional drug tests will likely be administered after a car accident and when the driver is suspected of being impaired. Typical drug tests test for: marijuana, cocaine, opiates, amphetamines/methamphetamines, and phencyclidine (PCP).

Drivers that are found to be impaired while driving may no longer operate under their commercial license until they go through a return process. This may include drug or alcohol counseling. In many cases, the driver will never be allowed to return to work.

After you seek medical attention, gather all possible information about the accident and call Altman & Altman LLP for a free case consultation. You may be entitled to compensation for medical expenses, lost wages, property damage, pain and suffering, and any other costs related the accident. We can help you account for the costs associated with the accident and seek any further evidence that is available. If we can prove that the truck driver’s impairment by drugs and alcohol led to your injuries, you will be compensated, it is extremely strong evidence that they are at least partially at fault for the accident.

Even if a truck driver was below the legal limit, you may still prevail in your claim. Cases with OUI charges tend to be more cut and dry, but you may still have a good shot at recovery. If you or a loved one has been injured in a Truck Accident in Massachusetts, please Contact the Greater Boston Law Firm of Altman & Altman LLP by phone at 617.492.3000 or 800.481.6199 (toll free) or Contact Us Online to schedule a Free Initial Consultation with one of our MA Truck Accident Lawyers. We are available 24/7, including on weekends and holidays.