What if the Truck Driver Was Under the Influence? Legal Implications for Your Claim
Indotribun.id – What if the Truck Driver Was Under the Influence? Collisions involving large commercial trucks are among the most devastating road incidents. If it’s found that a truck driver was operating their 80,000-pound vehicle while impaired by alcohol or drugs, the situation shifts from negligence to extreme reckless endangerment.
Discovering that the driver causing your injuries was intoxicated is troubling and significantly impacts your personal injury case. It strengthens your claim and increases the chances of significant financial compensation. Recognizing the legal implications is crucial to handling the situation effectively.
Establishing Negligence Becomes Clearer
In accident claims, the victim must prove the other party’s negligence. This becomes much easier when a truck driver is found to be under the influence while operating the vehicle.
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Violation of Federal Law: The Federal Motor Carrier Safety Administration (FMCSA) maintains a strict zero-tolerance policy on drug and alcohol use. Commercial drivers are subject to a much lower blood alcohol concentration (BAC) limit of 0.04%, which is only half the legal limit for non-commercial drivers. Additionally, the use of any controlled substances is completely forbidden.
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Negligence Per Se: Driving under the influence is recognized as a legal violation. Legally, causing harm while disobeying a safety law can fall under the category of negligence per se. This classification means that the individual’s actions are inherently considered negligent, eliminating the need for further proof of irresponsible behavior like texting or speeding. Simply being under the influence while driving is enough to demonstrate a breach of their duty of care.
Evidence like a failed breathalyzer test, blood test results, the driver’s prior arrest record, and the accompanying police report provides undeniable proof of their reckless actions.
Expanded Liability for the Trucking Company
While the driver holds primary responsibility, the trucking company, or motor carrier, now faces significant liability on multiple fronts. An experienced truck accident attorney will work to ensure the company is held accountable by pursuing claims of both vicarious and direct liability.
1. Vicarious Liability: The trucking company, as the employer, is inherently responsible for the actions of its drivers while they are on the job. This means that if a crash occurs due to a driver’s intoxication, the company is financially liable for any resulting damages.
2. Direct Company Negligence: This is the stage where a DUI case can gain considerable momentum. Your attorney will focus on uncovering any shortcomings on the part of the trucking company that allowed an impaired driver to take control of a vehicle. This process may involve investigating factors such as:
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Negligent Hiring: Did the company fail to conduct a thorough background check that would have revealed the driver’s history of DUIs or substance abuse?
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Failure to Supervise: Did the company ignore warning signs or complaints about the driver’s behavior?
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Violation of FMCSA Testing Rules: The FMCSA mandates companies to implement strict drug and alcohol testing programs, including pre-employment, random, post-accident, and reasonable suspicion tests. Noncompliance with these protocols is a serious federal violation and demonstrates company negligence.
Proving that the company’s own carelessness enabled the drunk driver’s actions makes them directly culpable for the harm you suffered.
The Strong Potential for Punitive Damages
A major legal repercussion for a truck driver operating under the influence is the potential imposition of punitive damages.
In a typical negligence lawsuit, the injured party is usually awarded compensatory damages, covering both economic and non-economic losses, with the aim of returning them to their condition prior to the injury. However, if the defendant’s actions demonstrate gross negligence, malice, or a blatant disregard for others’ safety—such as in cases involving driving under the influence—the court may impose punitive damages as an additional measure. These damages are intended not only to punish the egregious behavior but also to discourage similar misconduct moving forward.
Punitive damages are not designed to compensate you for your losses. They are intended to:
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Punish the driver and the trucking company for their egregious conduct.
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Deter them and others in the industry from ever allowing such reckless behavior to happen again.
The prospect of a hefty punitive damages award at trial serves as a powerful incentive for insurance companies to offer much higher settlements during negotiations. They fully understand that juries are rarely inclined to sympathize with a company that allowed an intoxicated driver to get behind the wheel of a semi-truck.
What to Do Immediately
If you suspect the truck driver who hit you was under the influence, it is critical to act fast:
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Tell the police at the scene about your suspicions so they can administer the necessary tests.
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Contact a truck accident lawyer immediately. Your lawyer must act quickly to ensure post-accident drug and alcohol tests are properly conducted and their results preserved as evidence.
A truck accident resulting from driving under the influence stands out as one of the gravest events that can unfold on the road, yet it also provides a strong foundation for filing a legal claim. Beyond underscoring the driver’s responsibility, it often implicates their employer in the matter, opening the door to significant compensation opportunities. This financial recovery plays a vital role in helping victims and their families navigate the challenging journey of rebuilding their lives.
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